Small Claims Case (Scotland) - House sellers removed EV charger from property

CakeOrDeath

Based in Scotland

Hi everyone,

I am looking for some advice on whether I should take the sellers of a property I purchased to Small Claims court for removing an EV charger from the property that they did not exclude from the missives. The charger was mounted to an outside wall and was hard wired to the property which I would think comes under the umbrella of fittings and fixtures of the property. The part of the law that backs this up is in the Scottish Standard Clauses for conveyancing transactions, clause 1.1.4 states “the following insofar as any were in or pertained to the Property when viewed by the Purchaser: [long list of stuff] … electric car charging points.

I brought this up with the sellers a day or so after the keys were released to me and gave a very rough figure of £800 compensation to cover the charger and installation. This figure was based on a few general Google searches and estimations, which I thought would put an end to it. However, they rejected this on the basis that the charger was technically not theirs because it was bought though some scheme, and basically said they wouldn’t consider the matter any further.

This leaves me wondering if I should pursue a small claims case. My conveyancing solicitor believed that this was a clear breach of contract and they should have brought this up during the negotiating process of the missives. They also said that there was a good chance I would win, but I do wonder what a sensible amount would be to claim. I would hate for the judge to dismiss the case because they thought I was asking for way too much! Unfortunately, I don’t know anything about the charger other than it was there when I viewed the property and the sellers have acknowledged this in correspondence between our solicitors. Since then, I’ve done a bit more research and wanted to know if the estimate that I arrive at seems sensible. All I really know is that the charger is likely to be more than 3kW due to the fact that it was hard wired to the property (3kW and below can generally be plugged into the mains at a standard socket). The research I’ve done shows the average for the charger and installation is typically £800 - £1500 and about 5 products that I looked up said their 7kW chargers (mid-range) start at £1000. If I take the £1000 and multiply by 0.8 (taking into consideration that the charger wasn’t brand new) I get back to £800, which to me seems fair.

Do you think this seems reasonable for a small claims case? Is there anything else that I should consider before making the application?

Thank you in advance!

user1977

Is a second hand charger worth as much as 80% of the new price? What do they actually sell for second-hand? 

I think you may have trouble if you don't even know the spec of the charger.

Also bear in mind the usual problems with this sort of claim (do you have the sellers' new address, do they have the cash to pay, will they roll over and pay up even if you get a judgment against them, etc).

On-the-coast

your solicitors have covered the legal aspects and your chances of winning.
To me it seems  that be best and lowest cost outcome for all concerned is for them to return the unit and maybe offer you a few hundred pounds for getting it reattached and the wiring checked by a competent electrician.
TBH I'd settle for the "return of my property", and mentally write-off the electrician costs. If you faff around too much with the legals you're going to spend a lot more than a few hundred pounds with your solicitors...  A simple letter before action suggesting this approach might yield benefits.

CakeOrDeath

Thanks for your input! Those are my two biggest concerns; not knowing much about the charger and what fudge factor to put in to take into account that the charger isn't brand new.

According to my conveyancing solicitor, and a friend who had to do this when they bought a house, you can put the estate agent address and they are obliged to forward it on.

FreeBear

user1977 said: Is a second hand charger worth as much as 80% of the new price? What do they actually sell for second-hand?

Depending on model, many appear to have sold for £100 to £300 over the last month on ebay.

ProDave

I take it you DID inform your solicitor of the issue within I think it is 5 days of date of entry?

CakeOrDeath

Yes, brought this up with my solicitor and the sellers within the 5 day period. I tried to negotiate with them on it but they ended up just dismissing the whole thing. They didn't even attempt to offer anything, they just weren't interested. I would be quite happy to have the charger rather than cash compensation. But their position is that they don't legally own it since it was bought through some scheme. It is a bit awkward because even though they don't own it, it seems like it can still be considered as legally part of the property.

user1977

CakeOrDeath said:

According to my conveyancing solicitor, and a friend who had to do this when they bought a house, you can put the estate agent address and they are obliged to forward it on.

They probably will forward on correspondence from you, but I don't think that's going to work as valid service for an actual court claim though. You'll need their new address.

Petriix

It doesn't matter how it was paid for. No one removes the grant-funded boilers and insulation when they move. This is a clear breach of contract and you'd comfortably win, as long as you have evidence of the EVSE's existence. Are you able to see the original property listing? 

sheramber

Is there any limit on claims in your missive ?

Mine said that claims over £300 would not be accepted.

ThisIsWeird

"Unfortunately, I don’t know anything about the charger other than it was there when I viewed the property and the sellers have acknowledged this in correspondence between our solicitors."

Was the charger referred to at any point during the purchase? Any reference to it in the SIP - I'd have thought it should have been mentioned, one way or another?

Do you have LegProt on your house insurance?

Anyhoo, I think you'll find the claim process to involve a 'letter before action', where I think you would ask for the original to be reinstated, or a similar replacement installed.

If you need to pursue the case, then you will be expected to produce, usually three, quotes, and to chose the cheapest/best value/most reasonable.

If no mention was made of the charger at all, at any time, and not referenced in the SIP, I'm not at all sure what your chances of success would be. I mean, you had sight of the SIP, so you must have gone through it to see what they were leaving - curtains, poles, W/M etc - and you didn't look for or enquire about this charger?