Can buyer sue me for taking curtain poles/curtains

robatwork

sheff6107 wrote: »

This nonsense shouldn't go anywhere near a court room. Just send a cheque for £50 to her, state it's in full and final settlement and head the letter 'without prejudice'.

If she cashes it, end of. If she doesn't tell her you'll see her in court.

Why would you want it to be without prejudice?

G_M

Unbelievable thread!

1) you are in the wrong. YOU ticked the box, and YOU took the poles/curtains.

2) Subsequently you made the problem worse by refusing to put things right, and squirming in every direction to avoid making good.

3) Apologise. Sincerely. And offer to
a) buy new curtains (you'll need to negotiate and agree on quality etc but do NOT make this more difficult than it needs be)
b) offer to to either fix them yourself, or pay a man to do so.

4) learn the leasson for next time

Red-Squirrel_2

Penitent wrote: »

Is this a generational thing? It would never occur to me to remove the curtain poles when moving. It'd be like taking the light switches or the skirting boards.

No, there are people like this in every generation.

They also take all the toiletries from hotels, and only ever buy a round if they can't get out of it somehow.

OP, offer £100. That should cover cheap pole and curtains and an hour for a handyman to put them up.

jimbog

ceminem wrote: »

Recently sold a property and took everything. Apparently all fixtures was ticked as being left. Buyer is now kicking up a fuss and taking it legal.


Can they sue me for taking them?

Yes. Now pull your finger out

Zeni

Interesting read as I'm in the opposite position buying a house and after the seller's tenant has moved out it appears they've taken all the curtain poles in the house that the seller put in the fixtures list would remain! Nice to know that if she has listed that I can try and get those (or other) poles back hopefully!

To OP I think you need to stop trying to avoid and think of excuse and either offer her a one of payment or take the poles back and fit them - You would of been the one who filled out the fixture and fittings list and signed it so you've got to follow through on it.

kilby_007

You've admitted you took the poles. You admit you probably ticked the box on the property informaiton form to say you'd leave them. In your position, to save face just buy them some new curtain poles. You've admitted the ones you took weren't in good condition, so by way of apology get new ones installed at your cost. It's the right thing to do.

Mutton_Geoff

I recently bought a house and the vendors had said (via the TA10 form) that they were not leaving the blinds and curtains. They later said they wanted £1,000 for them which was ridiculous considering their age and quality. I declined but on completion they had left half of them anyway.


You should have a copy of your TA10 form in the documents from your solicitor. There is a link to one here (no connection to this firm, just the result of a search looking for one to show folks who don't know what they look like).


http://www.grantsaw.com/media/32344/law-society-fittings-and-contents-form.pdf


To answer the OP question, they are in breach of contract and should put this right.

smallholdingsister

robatwork wrote: »

Why would you want it to be without prejudice?

To avoid having admitted anything that can be used should it go to court.

robatwork

smallholdingsister wrote: »

To avoid having admitted anything that can be used should it go to court.

At which point she will want to demonstrate she has made an offer. Which won't be admissible.

Miss_Samantha

smallholdingsister wrote: »

To avoid having admitted anything that can be used should it go to court.

It is already in writing as part of the contract that curtains and poles should have stayed so there is no point trying not to create evidence of admission.