Small Claims Court - Missing Contents From House Purchase

Exodi

I see court being a fruitless endeavour but I heavily sympathise with you.

Being burgled upon moving into a new house has got to be soul crushing. Suffice to say having contents insurance would have helped but too be punished so heavily for something so minor.

I couldn't imagine losing 2.5k randomly one day through no fault of my own because of the scum that co-inhabit our planet...

I hope you resolve this one way or the other.

SpiderLegs

manlovestreet wrote: »

Thank you for your reply.

The form was dated May 2018. I visited last in September 2018 and everything was correct and present.

The reply from my solicitors was:
Unfortunately, I am unable to assist any further. I can however, pass on your details to our Dispute Resolution Department who may be able to take matters further for you but there would be additional charges in respect of the same.

Should I proceed with the letter to the previous owners?

You relied on information provided in May that was accurate at the time.
If you required more up to date information then you should have either viewed the property prior to exchange or requested an up to date form from the vendor.

IMO you have no chance.

need_an_answer

manlovestreet wrote: »

Forgive my ignorance but do you mean the solicitor was implying I have a weak case?

potentially.

you could end up spending significantly more than the amount you are claiming.
You might win your case but there is no guarantee that the monies will then be paid to you,again you can enforce the judgement but the other party could just as easily accept a CCJ ….

Exodi

need_an_answer wrote: »

potentially.

you could end up spending significantly more than the amount you are claiming.
You might win your case but there is no guarantee that the monies will then be paid to you,again you can enforce the judgement but the other party could just as easily accept a CCJ ….

I wouldn't say the solicitor implied he had a weak case (even though I'd say he does).

Remember we're referring to a conveyancing solicitor here; the solicitor has fulfilled their obligation by transferring ownership of the house. The OP now needs a litigation solicitor and of course he'd need to pay as this is a separate issue.

manlovestreet

SpiderLegs wrote: »

You relied on information provided in May that was accurate at the time.
If you required more up to date information then you should have either viewed the property prior to exchange or requested an up to date form from the vendor.

IMO you have no chance.

Thank you for your input.

The information in May was accurate at the time.

I did view it in Sept 2018, just 1 month before exchange and it was still fine.

Just in the next 3/4 weeks the items disappeared/broke.

need_an_answer

Exodi wrote: »

I wouldn't say the solicitor implied he had a weak case (even though I'd say he does).

Remember we're referring to a conveyancing solicitor here; the solicitor has fulfilled their obligation by transferring ownership of the house. The OP now needs a litigation solicitor and of course he'd need to pay as this is a separate issue.

I accept that,however as you acknowledge the case is weak.

The OP could send a letter to the vendor,but the reality of it is that the term "clutching at straws " might be applicable.

lesson learnt...harshly but none the less.


OP...out of interest if you were to send a letter to the vendor,are you expecting them to cover the full cost,split it 50/50 or a token gesture?

You yourself must take some responsibility for not acting diligently so IF there were to be any interaction with the vendor,I wouldn't expect them to be liable for the full cost of replacements and again if that is what you were thinking of asking for I (if I were the vendor) would possibly ignore your request.

If your letter doesn't work...just how much are you prepared to spend chasing recompense?

manlovestreet

Exodi wrote: »

I see court being a fruitless endeavour but I heavily sympathise with you.

Being burgled upon moving into a new house has got to be soul crushing. Suffice to say having contents insurance would have helped but too be punished so heavily for something so minor.

I couldn't imagine losing 2.5k randomly one day through no fault of my own because of the scum that co-inhabit our planet...

I hope you resolve this one way or the other.

Thank you for your input.

It seems as though somebody realised the property was empty and used it at their own convenience.

Thank you for your sympathy.

lisyloo

manlovestreet wrote: »

Thank you for your reply.

My solicitor didn't mention "caveat emptor".

I thought chasing the previous owner might help with some funds.

If a judgement is issued in my favour, what are the ways to enforce this?

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

SpiderLegs

manlovestreet wrote: »

Thank you for your input.

The information in May was accurate at the time.

I did view it in Sept 2018, just 1 month before exchange and it was still fine.

Just in the next 3/4 weeks the items disappeared/broke.

To repeat with a bit more clarity.
At the point you exchanged contracts you were relying on information provided in May and your own visit from September.

Why didn’t you revisit a day or two before exchange to mitigate this gap in your knowledge?

NaughtiusMaximus

Exodi wrote: »

Being burgled upon moving into a new house has got to be soul crushing.

I find it hard to believe a burglar would strip all the carpets out of a house, time consuming to lift, bulky, awkward to both move & store and with minimal re-sale value. My money's on the vendor, unfortunately impossible to prove one way or the other.