Small Claims Court

[Stiof�]

Hi, my wife and I sold a house 3 years ago and the couple who bought it have applied to the Small Claims Court for over �800, claiming that we removed items from the house that were included in the sale.

We had agreed to leave curtain poles and all permanent wall fixtures, which in my opinion we did.

They are claiming for:
- 7 curtain poles (�25 each) - we left curtain poles when we moved out.
- several pairs of metal tie backs (�12 per pair) - we didn't have these in the house, as we used cheap sticky back plastic hooks, which we left.
- three mirrors (�90) - one of these was a shaving mirror hanging on a nail
- ornate lighting (�100) - the contract said that if we were to remove any light fittings, then we must leave a flex, bulb holder and bulb, which we did
- 2 TV wall brackets - we removed these along with the TVs
- �200 labour costs, �155 interest, and �62 court fee

Do you think I have a good chance of success, as we left curtain poles and by the very nature of being permanent we left all permanent wall fixtures, e.g. skirting, architrave, radiators, fireplace, units etc. Or do you think the judge might rule that some of the above items are a permanent wall fixtures of the house?

If anybody has had a similar experience I would appreciate hearing what happened.

Stiof�n.

[bednobs]

you dont mention if you left the SAME curtain poles that they buyers had seen when they came round? did you fill in the holes that the tv wall brackets left? did you state you were going to leave the light fittings in that silly list thing you have to do? Did you leave the mirrors if you said you were going to? It seems a bit crappy for you, but having said that ive twice wanted to sue the bu99ers that left the place we were buying in a right state. Not that this helps you at all i understand, and im sorry i dont have any experience to help you

[inicholson]

If the items were not specified in the Fixtures & fittings part of the questionnaire then they have no chance!!

[Stiof�]

The items weren't specified in the Fixtures and Fittings, but two days before completion I did agree to leave curtain poles and all permanent wall fixtures.

I did fill in the holes left by the TV brackets, and the only light fittings that the contract said I must leave were the flex, bulb holder and bulb. I did leave these, and in fact the whole house was spotless. My wife and I spent two days making sure that everything was gleaming clean e.g. oven etc.

We also left the purchasers a "Welcome to your new home" card, wishing them all the very best of happiness in the house and left a bottle of bubbly and two glasses on the fireplace.

[PinkFizz]

Well I think they are taking the absolute mickey in my opinion! Especially as you left such a lovely gesture with the champagne.

[Stiof�]

Thanks for all your replies. I'm lodging my Notice of Dispute today, so the hearing might be before Christmas. I will let you know how I get on.

[bednobs]

well with this new information, i might add they seem total bast@rds

[Andy Boz]

I would respectfully tell them to go away. After 3 years they have just decided that some things that THEY say YOU said you would leave were not.
Labour at �200 per day? and just what rate of interest do they think they're on?
Tell them to bollox, put in a counter claim for one bottle and two glasses at �800.
Seriously, I would doubt that any small claims judge would agree that after 3 years they could claim a penny, for an alledged verbal agreement. If you complied with the contract you should have no worries.

[Annlinda]

Let us know the outcome.....would be VERY interested

[Stiof�]

Will do, but it will probably be at least a month from now as I just lodged my Notice of Dispute this week and it will probably take at least a month from now before I get a date yet for the hearing.