Breach of contract on house purchase

LandyAndy

JANSPAM wrote: »

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!!

Why are you not doing it online?

Anyway the answer is that you have to provide the court with copies of everything. One for the court and copies for the court to send to the defendants. If you don't then the court will send it all back and tell you to try again.

Much easier to complete the form online and then send the documents to the defendants yourself. The MCOL forms ask you to confirm you will do this.

JANSPAM

I read because we don't have an exact figure we are unable to complete the form online.

LandyAndy

JANSPAM wrote: »

I read because we don't have an exact figure we are unable to complete the form online.

Calculate one and sue for that.

sal_III

JANSPAM wrote: »

I read because we don't have an exact figure we are unable to complete the form online.

The time for negotiations has passed. Calculate the full amount of expenditure incurred from their actions, backed up by receipts where available, you can use the £800 figure supplied by the vendor for the cost of "stolen" furniture if you are happy enough with the number. This is the exact figure you demand to be paid to you by the vendor.

What did you put in the paper forms?

JANSPAM

I'm just copying all the documents Atm. The problem we have is that the electric gates which we were told had been fixed ( they send a video of it working to the estate agent) wasn't actually fixed correctly.They bypassed the safety sensors, apparently a criminal offence, so we've been told by a electric gate fitter. So we don't have a cost for it repairing as he was reluctant to repair just incase it needed to be used as evidence as to what had been purposely done to get the gate working.

I's this woman just burying her head in the sand or is there a chance the court could side with her saying we didn't give her enough time to move out?

EmmyLou30

JANSPAM wrote: »

I's this woman just burying her head in the sand or is there a chance the court could side with her saying we didn't give her enough time to move out?

As you said quite rightly....you managed it and so do millions of others. She was taking the pi$$ on the day and now she thinks she can avoid paying what she owes. I hope you get every penny back from her for the removals, hotel and the stolen items - I can't see any court finding in her favour as this is clearly all a breach of the contract she agreed to and signed. Good luck,

sal_III

JANSPAM wrote: »

I'm just copying all the documents Atm. The problem we have is that the electric gates which we were told had been fixed ( they send a video of it working to the estate agent) wasn't actually fixed correctly.They bypassed the safety sensors, apparently a criminal offence, so we've been told by a electric gate fitter. So we don't have a cost for it repairing as he was reluctant to repair just incase it needed to be used as evidence as to what had been purposely done to get the gate working.

I's this woman just burying her head in the sand or is there a chance the court could side with her saying we didn't give her enough time to move out?

The gate thingy will likely be harder to prove than the rest of the allegations. The vendor can claim they had it fixed by an authorised electrician etc. and don't have the technical expertise to spot that it was a botch. You will be hard pressed to prove they knowingly fiddled with the sensor. If bypassing the sensor fixes the issue it's likely a faulty sensor, can't be worth more than £100-200. Get a quote for the repair and decide if you want to pursue it or not.

Some battles are not worth fighting.

JANSPAM

We did ask to see receipt for work done but she was reluctant to produce one. We know why now!

westernpromise

So in your claim, assert that the gate was left in a non-working condition owing to the sensor having been deliberately bypassed, as indicated by your guy. If she has a receipt for the works showing otherwise, all she need do is produce it. She has not, so your argument is that she won't because it supports your account. If she waits till the hearing to produce this when she could have done so at any time it won't look good.

I agree with those who say you should pursue this. It's not that the secondhand fixtures are worthless - the issue is that you will have to buy new to replace them all; depending on what you're buying you could be looking at £800 just for the oven; and meanwhile you couldn't cook.

The contract stipulates when vacant possession is to be given. I suspect what happened is that she was too tight to move out the day before and pay for a hotel, which you'd need to if completion is at noon. So instead she figured she wouldn't start moving out until 9am on completion day, and of course it couldn't be done in 3 hours. So she is seeking to dump what should always have been her cost off onto you.

bigstevex

Don't try and do a MCOL/Small claims without a evidenced amount ideally. It's a lot easier if you can prove all your costs/expense. If you're plucking figures out the sky they will ask you to prove them, if it's for fixtures/fitting removed, just bill them in full for the replacements. Also bear in mind, the bigger the claim, the larger costs associated with the claim.