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Fixtures and fittings form - vendor breach of contract, next steps?

24

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  • Bossworld
    Bossworld Posts: 423 Forumite
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    Sambella wrote: »
    In my last house I was left a loft and a garage full of stuff.

    I went through it all to see if there was anything I could sell on the Bay.

    I was mightily surprised. If anyone remembers the old green back and purple back football cards that came with comics well, much to my shock I got almost £380 for those ( I had several hundred of them) Seems some folk collect anything. Jam jar lids with footballers on them sold for about £30.

    In the garage there were king of the road car/bike mirrors, Morris minor bubble light caps, other car mirrors and tools also some old comics.

    In total I got around £900 and it was a fun few weeks selling them.

    I still had plenty left to fill a fair few skips though.

    Mainly !!!!! left behind here I'm afraid but I admire you seeing it through!
  • lewisa
    lewisa Posts: 301 Forumite
    Bossworld wrote: »
    And does the vendor have to present their side of the case in person (they've moved 200 miles away)... :A

    The case will be allocated to the court nearest the defendant.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 7 October 2016 at 10:16PM
    Like Doozergirl, our experience was somewhat worse than yours, but we knew there would be problems and suspected a disposal job, just not how much. It was about 20 large van loads of stuff we couldn't burn, but we had to expose a lot of it with a digger first. On the plus side, disposal at the [STRIKE]tip[/STRIKE] recycling facility was then still free.

    We made sure that the rotting ten tonne lorry and several other heavy items of machinery were gone before agreeing to exchange, though.

    It's a lottery how much cleaning you'll need to do, although viewing gives some clues; houses that are grubby then, just get worse.

    The fraught way in which people often vacate leaves little time for niceties. We arrived to a still-smoking bonfire, which had severely damaged two trees and made pretty holes in the polytunnel plastic, but in all honesty that was due for renewal and the trees made good firewood three years later.

    These were not people out to do us down; just folk in a blind panic with all they had to do. The built-in oven they'd agreed to leave expired betwixt exchange and completion, but they left a huge and ancient freezer by way of compensation. People's minds move in strange ways when a house move is imminent!

    Oh, and we had the live bare-ended cable too, but it was so old and hidden away, we think it might have been like that when our vendors moved in....

    We didn't make a fuss. The price was right, and we 'came on down' with our eyes at least partially open to the idea that it wouldn't be like last time, or the time before that. The clues were all there, just as they were with you.

    Do check the junk items. Off the top of my head, I remember a piano stool with mouldy leather top and a non-functional wind-up gramophone both making about £45 at auction.

    We are still using the ancient freezer: 30kg of plums went in there a few weeks ago. We are on our 3rd oven....
  • phoebe1989seb
    phoebe1989seb Posts: 4,452 Forumite
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    edited 7 October 2016 at 11:00PM
    Doozergirl wrote: »
    How much does a litigation solicitor cost for an hour?

    If you think what you're faced with is bad, we spent £5000 on skips removing the stuff that a hoarder left behind, let alone the labour removing it all. We sent 25 full black bags of brand new unopened clothing to charity and that was the tip of the iceberg. Welcome to home ownership.

    We got a settlement of £3000 because it wasn't worth the litigator's time. I'm not sure £500 is worth anyone's time. It will be standard practice to ignore letters like yours - we even tell people to ignore them on the board!

    Gosh yes......in the 1990s we bought a house that had fifty-seven items of furniture left behind by the previous owner!

    We were younger and more naive then, so merely sucked it up and spent a few weekends with sledgehammers chopping the items up before taking them to the dump/placing in the skips we had for the renovation works :o

    The house - a large Victorian place - had been converted to four flats by said PO and let out to tenants, one of which had smeared his own (I assume :eek:) faeces around the ancient primrose yellow bath as a protest at being evicted. We moved straight in with our eight year old DS......and vast quantities of disinfectant!

    In your shoes, OP I'd not let it spoil the enjoyment of my new home......poor cat though!

    Current house had a large freezer and safe (both empty!) left in the cellar by the PO. We've been here twenty months and haven't been in the three attic spaces yet.....
    Mortgage-free for fourteen years!

    Over £40,000 mis-sold PPI reclaimed
  • Doozergirl
    Doozergirl Posts: 33,805 Forumite
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    edited 7 October 2016 at 11:23PM
    OP, I wasn't playing top trumps with you at all, nor did I feel I'd been given a rubbish hand. I did feel for the desperate circumstance of the previous elderly occupant, it would have been hard to get angry. And, like davesnave, we got a good price, but we weren't expecting what we were faced with when we got the keys. Stuff happens.

    I was just attempting to show you that expense builds quickly when you start litigating and where the litigiation lawyer said the most reasonable outcome would be for us even given the much bigger bill. We had to produce receipts and photographs for everything to demonstrate breach of contract.

    For £500 he would have told us not to bother with litigation but to send one letter and see what the response was. They generally push in the direction of compromise.

    I'd put it down to experience. Houses are often dirty and it almost certainly wasn't malicious. When the owner is elderly, they don't have the resources to do or organise much.
    Everything that is supposed to be in heaven is already here on earth.
  • marksoton
    marksoton Posts: 17,516 Forumite
    OP. Sometimes it really just isn't worth it.

    A few home appliances and a bit of cleaning on the balance of probabilities?

    Your wasted time and money. Certainly on a court.

    Correct it and learn from next time.
  • I believe the Citizens Advice Bureau might do a leaflet on going to small claims court.

    For this - I certainly wouldnt go to a solicitor - but I would check out the procedure/cost as to whether I would go to the small claims court about this. I believe it would cost less than £100 for costs involved for this sort of sum - and the money would be refunded when you won (ie from the vendor).

    I would imagine this would be the sort of thing the vendor would settle on "the door of the court" in the event - as it looks like an obvious win for you to me from what you've said (provided you've kept proof of what he did - ie photos etc of how you found things).

    I agree that the cat is the aspect I would find most upsetting about this personally - poor cat to get treated like this. I'd have probably been a softie and taken the poor thing on personally - with it being so elderly I'd have figured I wouldnt be an inadvertent cat owner for long (and, at that age, they arent likely to do things like climbing the curtains/going out on the rampage/etc). They just want a warm fire to sit by and lap to sit on.
  • lush_walrus
    lush_walrus Posts: 1,975 Forumite
    You mention 'soon to be inheritance' so the owner is either dying or has died? Presuming, and sorry if I am wrong, this was all going on while you were buying instructing a removal company to leave X y z would have been at the bottom of their list of issues. The cat well it's not ideal but you have dealt with that too.

    Do you really want the second hand white goods? Who knows how clean they were or problems they bring with them. Whenever we have moved and been offered someone's old white goods I've always turned them down. I don't want their problems and dirt. They are all so cheap now to buy new for a temporary fix if you are changing the kitchen and can be sold back on as nearly new if they are there short term.

    The skip of stuff is annoying but not at all unusual, again I've always found stuff left around the house generally where people forget to last look lofts and garages. Sometimes it's junk other times it's not. The house we live in now was previously owned by a girls school, we found amazing 50s school desks and Ercol chairs in one of the outbuildings. We let them know and they said we were welcome to keep them. We didn't have need for 60 desks and chairs so sold them all and shared the money with the school.

    Try to move on would be my advice and start enjoying your new house.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 8 October 2016 at 8:37AM

    I would imagine this would be the sort of thing the vendor would settle on "the door of the court"

    Really? My imagination takes me somewhere else altogether.

    Winning is only half the battle. The other half is obtaining payment.

    The OP feels let-down and I understand that. This sort of thread appears quite regularly, because people typically have high expectations when they decide to move, spending what the OP calls a 'significant amount' of money.

    The truth is, however, that some vendors behave badly, or at least differently from our expectations, and the law is a fairly blunt instrument in exacting justice for the matters which really niggle, such as unneccessary delays, lack of information, bad standards of cleanliness, and yes, cruelty to animals.

    Those things have happened, but at least they're in the past. Starting proceedings against the vendor will only place them in the future as well, while any conceivable award, even if paid promptly, is insignificant compared with the cost of the transaction.
  • Doozergirl
    Doozergirl Posts: 33,805 Forumite
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    edited 8 October 2016 at 9:12AM
    Davesnave wrote: »
    Those things have happened, but at least they're in the past. Starting proceedings against the vendor will only place them in the future as well...

    Perfectly phrased. That's why you're my favourite :)

    Letting go can be hard, even though it's simple. Learning to do it is a life changer.
    Everything that is supposed to be in heaven is already here on earth.
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