Breach of contract on house purchase

moneyistooshorttomention

One way of looking at it is this offer letter from them is an "admission of guilt" and I'd keep that as part of my evidence to present in small claims court. The court can see they are in the wrong and know they're in the wrong from that letter.

Followed by sending them letters (copy kept) saying "Offer rejected. It doesnt cover our costs. Pay up the rest by x date or it will still be going to small claims court" in suitable language.

a. Why should you lose the money?
b. You can't afford to lose the money.

anselld

You have been offered £800 for an oven a light fitting and a few plants.

Presumably a "without prejudice" offer so you can't use it as admission of guilt. Also "full and final settlement" so if you accept you cannot pursue a claim.

You should probably take it. There is no way a Court would accept that valuation on some second hand items. Furthermore you are expected to minimise your losses so £1400 for a night in a hotel and 1 day storage would probably be questioned.

Quit while you are ahead ( or only slightly behind anyway).

moneyistooshorttomention

They have had to pay their removers twice over.

The removers will have possibly encountered this situation before and have a stock list of charges they charge for storing possessions overnight - and I don't suppose it's the cheapest rate going.

If one has to book a hotel unexpectedly - then there's no time to "shop around" for the cheapest reasonable. You take the first reasonable nearby one you can get - in order to minimise the amount of unexpected hassle you've just been put to. Also - it's height of summer and prices will be dearer anyway.

More mature plants (ie those stolen shrubs) cost rather a lot more than baby ones. So a "like for like" on the replacement front will cost more - ask me the price difference between a baby plant I could have got for the garden and the much bigger one I actually did get (the cost was about 12 times as much at a very quick guess and we're talking a 3 figure amount of money for it). Times that by 5....

AnotherJoe

moneyistooshorttomention wrote: »

One way of looking at it is this offer letter from them is an "admission of guilt" and I'd keep that as part of my evidence to present in small claims court. The court can see they are in the wrong and know they're in the wrong from that letter.

Followed by sending them letters (copy kept) saying "Offer rejected. It doesnt cover our costs. Pay up the rest by x date or it will still be going to small claims court" in suitable language.

a. Why should you lose the money?
b. You can't afford to lose the money.

The thing is, it's only an admissions of guilt about the removed items and not the one that contributes the most to OPs costs, getting the heck out of OPs house

kiddy_guy

OP - what do you believe is your breakdown of costs?

If you did have to arrange for storage and for redelivery of your items then absolutely you should be pushing them for these costs. And your case is completely open and shut because they breached contract.

I don't think you should take the offer because ultimately if you end up in court you will win. Both what you determined should have been left and the fact that they did not get out of the property on time means that contractually they have nowhere to go.

it's just whether you can be bothered to go to court to reclaim the full amount. I personally would.

Good luck and keep us posted

mrschaucer

JANSPAM wrote: »

Good evening,
I finally got a reply from the vendor's, offering a full and final settlement for the cost of items she removed from the property and nothing else! Just under £800.

What would be the problem in accepting the full and final offer in respect of the removed items only, and reserving your rights over the other costs? Then if they pay up, issue a new Letter Before Action for the other costs which have been totally ignored. If they don't pay on this basis, then pursue them for the whole lot.

anselld

mrschaucer wrote: »

What would be the problem in accepting the full and final offer in respect of the removed items only, and reserving your rights over the other costs?

The problem will be the offer was not made on that basis so they will not pay up under those conditions.

parkrunner

greatgimpo wrote: »

Where were they to put their garage stuff if the garages were still full?

Personally I would have emptied the garage and left the vendor's stuff in the garden.

JANSPAM

We did think about that but the garden was full of their stuff aswell!:shocked::shocked:

JANSPAM

Good Morning 'O' wise ones of MSE,
I'm getting myself into a right pickle with this N1 claims form! I want to get it right but I'm trying to decipher, where it says send in 3 copies of claims forms, does this mean just the filled in form or does it mean three copies of everything related to the case and do I have to print off the defendants notes too for them?
It's as clear as mud or is it that I'm just really thick?
Answers to that one on a postcard please!!