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

CakeOrDeath

Thanks again everyone with the useful queries and comments!

On the original listing there isn’t a clear shot of the charger, but you can just about see it in one photo. The sellers have also acknowledged its existence and that I saw it at the viewings so I would hope there would be no question about it.

Good question about claim limits! I’ll double check that. It would probably make this easier since I would just need to claim £300!

The charger was not referred to during the purchase. I have an email from the sellers solicitor saying the purchase includes all fixtures and fittings excluding…[a couple of items mentioned]. This is also covered in the official missives. So they did say they were taking some fittings, but no mention of the charger.

Before the small claims application I will get 3 quotes and send this to the sellers so that letter before action is covered.

user1977

ThisIsWeird said:

I mean, you had sight of the SIP

I suspect you're talking about something which happens in England.

Keep_pedalling

The modern equivalent of taking all the light bulbs with you when you move. The story about not belonging to them is pure BS. Did they leave the wiring in place?

penners324

If the charger was bought through a salary sacrifice scheme then it's very likely the employer of the previous house owner was the legal owner of the charger. 

Thus they we're told to remove it from the property as it's not their's.

penners324

I would think if it's not referred to in the documents then you've no chance of getting anything back 

user1977

penners324 said:

I would think if it's not referred to in the documents then you've no chance of getting anything back 

The OP says it was. If the sellers wanted to exclude it then they would have had to amend the contract accordingly.

penners324

user1977 said:

penners324 said:

I would think if it's not referred to in the documents then you've no chance of getting anything back 

The OP says it was. If the sellers wanted to exclude it then they would have had to amend the contract accordingly.

3 posts ago, they said it wasnt

user1977

penners324 said:

user1977 said:

penners324 said:

I would think if it's not referred to in the documents then you've no chance of getting anything back 

The OP says it was. If the sellers wanted to exclude it then they would have had to amend the contract accordingly.

3 posts ago, they said it wasnt

They said it wasn’t  excluded from the standard list of included items by the sellers: “ they did say they were taking some fittings, but no mention of the charger.”

They have a sound legal case, it’s just a question of getting an address for service, how much they claim and whether it’s worthwhile.

penners324

The charger didn't belong to the home owner, so no way is it getting refitted to the house.

penners324

Keep_pedalling said:

The modern equivalent of taking all the light bulbs with you when you move. The story about not belonging to them is pure BS. Did they leave the wiring in place?

That's not correct. Under salary sacrifice schemes the charger will belong to the employer.