Issues with buyer of house

princeofpounds

It's pretty rare that a small claims court case is 'dismissed'. My understanding is that you can apply for a summary judgment, but these aren't granted all that often in small claims because, as the others have pointed out, it's not hard to have a valid claim in law even if the case itself is rubbish. It's also not considered that much harder to defend the case as it is to request a summary judgment, as pretty much the same evidence will be used to demonstrate that the claimant has no real chance of success, so they normally just go for a final hearing to get it done in one go. 

It is an option for you to apply to have the whole thing dealt with in writing without a hearing, but not sure that's much easier to be honest.

Remember to claim costs from the claimant where possible. Read the civil procedure rules and the practice directions so you understand the framework in which you're operating. There's a few free guides on the web that probably explain it in simpler terms than the original.

When you are formulating your defence, there are a few things worth bearing in mind:
- Be clear about what the claimant is claiming. That is the case you are answering. You can give some general reply but you must deny those claims specifically ('the issues' under consideration, in lawyer speak) and it's usual to provide a blanket statement that it is all denied, if that is the case.
- Be clear about the legal basis of your defence. If the defence is 'did not happen', then say it. If the defence is caveat emptor, then again say it. You can provide different, and multiple, defences for each issue.
- Be clear about the evidential basis of your defence. Itemise your evidence for easy reference, and point out where the claimant has not provided any evidence. Don't leave out important things, such as the sellers property information form or the sale contract (which will just be the standard conditions of sale I'm sure). 
- Don't waffle or complain about irrelevant things. It's not necessary. 

greatcrested

The case will not be dismissed without a hearing.

You must enter a defence in advance.

Your defence must in no way admit, or imply, liability, unless you want to lose.

You should not go into lengthy explanations or justifications.

You should not use irrelevant comments (he has a reputation; I didn't know X; etc) which will put the judge's back up and may sub-consciously count against you.

You should get legal help in drafting your defence, as your posts here suggest you are out of your depth, and /or not taking this seriously simply because you believe he has no case. Sure, when he first wrote to you via your solicitor threatening to take action if you did not agree to compensate him, I'd have advised you not to take him seriously. But he's now gone to court. Time to take it seriously!

eve824

Thanks for everyones help. I am most certainly taking this seriously hence me coming on here for advice. Me asking whether it might get dismissed was because I don't particularly want to take a day off to attend court but it would seem I will have to do this and will be seeking to recover costs associated with that. I have already stated we are pursuing our home insurance legal cover for help and they have said they will get back to me this week to confirm what cover they can offer us.
I wouldn't use irrelevant comments in my legal defense, I was just explaining the context of the situation on here.

princeofpounds - you mention to point out where the claimant has no evidence. I cannot see anywhere in the online system where he has actually uploaded / submitted his evidence. Would he have to do this at this stage? All it says is receipts / photos without specifics of what he has receipts for (I know he will have for the replacement oven / boiler repair). Most of the amounts are very round numbers and he has already stated he is claiming for his own time for one point so I can only assume at this stage he is claiming for his own time on a lot of the counts.

Bibbitybobbitybop

No. You'll be sent directions which will lay out a timetable for serving evidence, including on how he has calculated his losses. Even if he won he'd get nothing for his "time". 

MovingForwards

The basic process (on a paper / postal submission, I've not done it via MCO) is:
-- Proceedings sent to court
-- Proceedings issued and posted to defendant and claimant 
-- Acknowledgment of service or admission filed with court by defendant OR no response sent (if no response sent / received by court, claimant can request CCJ)
-- defence sent to court / claimant 
-- if no defence sent, claimant can request CCJ
-- Allocation questionnaire (AQ) sent to claimant and defendant
-- AQ filed by claimant and defendant, option to have mediation
-- if no AQ filed by claimant, defendant can apply to have the claim struck out.
-- if no AQ filed by defendant, claimant can win the case
-- judge looks at papers and sets hearing, directions (dates to do things and hearing date) sent to claimant / defendant
-- evidence sent to court and otherside by both claimant and defendant as per court directions
-- if no evidence / statement filed, the judge doesn't have to hear the evidence from the one who failed to file it, see AQ info for no filing consequences
-- hearing date

Hearing is in judges chambers, not an open court like on TV, judge listens to both sides, asks questions if needing clarification, thinks for a bit then says what the decision is.

If either the claimant or defendant end up disclosing something which shows the case has no merit (no case to win / defend) an application can be submitted to strike the claim out and seek costs.

As it's small claims the courts do tend to send reminders to file AQ / evidence.

csgohan4

eidand said:

Mojisola said:

eve824 said:

Cleaned the house on the day of moving, said our teary goodbyes and moved into our lovely new house.

I think it's also worth walking round the empty house and taking photos of each room in case the buyers come back with complaints about its condition.

When my son moved into his rented flat, the LL had a comprehensive photographic record of the flat - they walked round together and my son signed to confirm that the photos were accurate. 

After reading stories about how much buyers behave, I'll do the same when we move on from here.

Yup, I will be doping the same thing.

I hope not

eidand

csgohan4 said:

eidand said:

Mojisola said:

eve824 said:

Cleaned the house on the day of moving, said our teary goodbyes and moved into our lovely new house.

I think it's also worth walking round the empty house and taking photos of each room in case the buyers come back with complaints about its condition.

When my son moved into his rented flat, the LL had a comprehensive photographic record of the flat - they walked round together and my son signed to confirm that the photos were accurate. 

After reading stories about how much buyers behave, I'll do the same when we move on from here.

Yup, I will be doping the same thing.

I hope not

funny chap :P

youth_leader

I'm very sorry you are in this unpleasant situation. 
I've just emptied my house but left all the picture hooks up, I will try and remove them. My late husband put most of them up and some are too high for me to reach, I'm nervous up the ladder.  

Comms69

Bibbitybobbitybop said:

No. You'll be sent directions which will lay out a timetable for serving evidence, including on how he has calculated his losses. Even if he won he'd get nothing for his "time". 

That's simply not true. Why would you say that?

Comms69

youth_leader said:

I'm very sorry you are in this unpleasant situation. 
I've just emptied my house but left all the picture hooks up, I will try and remove them. My late husband put most of them up and some are too high for me to reach, I'm nervous up the ladder.  

That's not necessary, you just have to list them on the property form