Property sale issues

eddddy

Lulu58 wrote: »

I can't face the thought of court, macman

If it came to it, I would probably pay up whatever he wants rather than go to court and risk losing and having to pay his costs etc.

I think you may have been watching too many US TV courtroom dramas.

Is the amount in question under £10,000? If so, I think you've got the wrong impression about how the small claims court works.

It will probably be as follows:

Your buyer will write a statement saying why he thinks you own him money, and he will send it to the court (plus any supporting documents).

You will write a statement saying why you think you don't owe him money, and send it to the court (plus any supporting documents).

A judge will read both statements, and read all the documents - and decide whether or not you owe the money. You don't usually have to attend in person, unless the case is very complex.

• If the judge believes the buyer and/or decides you do owe the money, you will have to pay it - plus a court fee of between £25 and £410. And that will be the end of it.

• If the judge believes you and/or decides you don't owe the money, that's the end of it.

Realistically, it's very, very, very unlikely that the buyer would win, unless you have intentionally told lies to your solicitor in writing about the property.

eddddy

.... Is the buyer suggesting that you told lies to your solicitor, and that your solicitor passed those lies to his solicitor?


Anyway, I would suggest that you now ignore the buyer, until you get a formal 'letter before action'.

Even if you do owe the money, the amount won't increase before it goes to court.

loveka

I bought a house recently.

The person we bought from lied to us about 3 things, e.g. he told us that there was no reason why we couldn't have an open fire when he had paid a builder to fill the chimney with concrete.

The 3 things cost us 15k to rectify.

Our solicitor told us it was not worth pursuing the vendor. Only one thing was in writing, but even that he told us was too much trouble potentially for us to pursue.

So I think it's pretty difficult after a sale has gone through, to get anything. I made a mistake by not getting the answers to questions in writing and that has cost me dear! Also made a huge mistake in not getting an electrical survey...

G_M

Lulu58 wrote: »

Oh hell, then I've completely cooked my goose! We've emailed regularly. I wasn't going to reply to him, but wanted to get the issue resolve and put it behind me. I thought he did too originally, but it seems he just wants to have a go at me all the time.

.

I'd suggest one of two options now:

1) just stop replying and direct all his emails to junk mail. If/when you get a 'Letter Before Action' whether from him or a solicitor, come back here (don't start a new thread, just add a new post on this one so we can recall the history).

But remember even a LBA may just be a scare tactic designed to get something from you - it does not mean he will go to court even if the letter is from a solicitor.

2) send one final email saying you will be ignorig his emails from hereon as they are serving no purpose and becoming abusive. Then do as 1) above.

Personally I wouuld NOT do 2) above as it just invites a further response (which might escalate to phone calls if he thinks his emails will go to junk mail)


Meanwhile lt's hope you have not compromised yourself. Fr example, if you wrote "I'm sorry about the (whatever it was) ......" that could be an admission of guilt or responsibility......

pinkshoes

It would be much easier if you just described on here what the problem is, and what he is demanding and why.

That way you should hopefully be able to get an answer that will either put your mind at ease, or help you take the necessary steps to sort the problem, if it is actually a problem.

So what if he reads it??? It won't make an iota of difference.

Other than that, as he has not even sent a letter before action, then just ignore and forget about it.

You are clearly a worrier, so by explaining the situation it really might help you.

lincroft1710

pinkshoes wrote: »

So what if he reads it??? It won't make an iota of difference.

There is even a possibility that responses on here may make him realise he hasn't got a case.

davidmcn

Lulu58 wrote: »

I know this sounds paranoid, but I've got myself into such a state about it that I'm worried he may see the posts or even be on these forums

If you're suffering from anxiety then I suggest you get some (free!) advice from your GP. If nobody has actually raised a court action against you then forget about it until if and when that happens.

Lulu58

Thank you for both your posts, Eddddy.

In respect of the process, your feedback is again, reassuring. Thanks. It's not a case of watching too many courtroom dramas, more one of never being in this situation before and not understanding how the process works from what I've read online. The feedback I'm getting on here is helpful.

No, the buyer isn't suggesting that I've lied. He's decided that I made life difficult for him so now he's going to make my life difficult, and he's said as much. That's what makes me think he will take it to the wire.

Could he get a solicitor to write his statement so that it's properly worded, whilst mine will be the words of a non legal person which is likely to have less of an impact?

Also, could he also claim for things like loss of income in 'fighting' this, his lawyer fees etc?

Lulu58

Thank you, G_M. I'll try what you suggest, although from his behaviour so far I feel it will only be a matter of time before I receive an invoice or solicitors letter.

I've tried to be really careful in what I've said, and also tried to stick to the facts. Rather than saying, "I'm sorry about ....". It's been more "I'm sorry to learn that you feel aggrieved, but ...." and I've cut and paste facts from the original solicitor letters in response to his accusations about the house sale.

See my post to Eddddy above, he is hell bent on making my life difficult.

GrumpyDil

If and I guess it is a big if, he goes to small claims court he can claim for damages provided they can be assessed and proved, court fees and I believe a reasonable amount for his time. He cannot claim any legal fees he decides to spend on the claim.

I know it's worrying but you have had good advice to ignore him know until/if you get an LBA advising you he is taking you to to small claims unless you pay X or do Y in which case post the details here and people will be able to give you advice