Help being taken to small claims court.

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I inherited a flat from my great aunt and have just sold it. The FTB that bought it wanted most of the furniture and as I already have a house and don’t need it I agreed to leave most things. Most of the furniture is 15 plus years old but my aunt had amazing taste and didn’t stint on quality.
One of the things left was a sofa bed, probably @10 years old and I’ve never used it.
The FTB are now requesting £1500 as the sofa bed mechanism doesn’t work so won’t pull out. They are pissed!
At first they text me wanting money and when I said that the sofa wasn’t integral and wasn’t paid for so I wasn’t going to buy them a new sofa they have gone to the small claims court.
I have spoken with my solicitor and he said that they never asked for the condition of the sofa and didn’t pay money for the sofa so they don’t have a leg to stand in but do they? Would the courts side with them?
I have no receipts for the furniture and didn’t even know about the bed not working.
Anyone experienced anything like this?

They have no leg to stand on, don’t worry

Your solicitor has already told you so why are you making an unnecessary drama out of it?

This sounds ridiculous. Unless they can provide proof of the agreement that you have broken (they can’t because it doesn’t exist) I can’t see that they would in. You don’t buy a fully kitted house - you buy a house. Simple. Try not to worry but do not pay a penny!

Ah hah hah hah - is what the court will say to them
Furnishings sold with a property are always sold on an “as is” basis with zero guarantee as to condition or working order

They will end up having to pay your solicitor and court costs if they persist.

There’s a procedure for small claims. They have to send you a letter by registered post, so there’s proof you’ve received it. Then they submit the details online, and you have an option to put your response. An external jydge then reviews it. You don’t actually see a real live court , until way down the process.

I would trust your solicitor over any of us

www.gov.uk/make-court-claim-for-money www.gov.uk/make-court-claim-for-money]]]]

Small claims court info

Sorry but let your solicitor handle this, there’s no point seeking advice from strangers online if you have legal counsel who are working on it?

Nor a bed to lie on! 🤣🤣🤣

I'd let them take me to court just for the pair of seeing them laughed all the way out! (But I understand most people wouldn't want the stress of that).

Thanks for the replies, it’s what I thought. I’ve just never been in a position like this and have never sold before. Though the advice was from my conveyancing solicitor so it will be just me in court if it gets to it.
I’m just writing up my reply online now. If I write the facts will it still go to court anyway or could it be thrown out beforehand?

I doubt they will claim, but they sound cheeky fuckers so who knows. It is unlikely to be struck out on the papers but in your defence you could ask the court to do that, particularly if in the claim they accept they didn’t pay for the sofa. But you will be offered a free small claims mediation service - tick that box. It’s only a phone call to one party then the other but it is very effective to have a neutral person tell them they have suffered no loss so there is no point proceeding.
It will go to your local court so just turn up with a copy of the contract for sale which will show that they paid nothing for the contents and the judge will dismiss the claim and give you your travel expenses.

Don't worry. Did you charge them for the furniture, or just leave it? They can lodge a claim but they are taking the piss. I'd ignore until the court date

@Delphigirl thanks but they have already started the process. I had the papers from the courts today. Just writing my argument now. I’ll make sure I tick the box for mediation.

Didn’t charge any extra for the furnishings that were left and removed some they didn’t want.

Sorry, just saw you can reply. Did you charge them for the furniture? I'd write that they requested you leave the furniture, you did, and that they accepted the furniture as is. When it gets reviewed, surely it will be thrown out, it's utterly ridiculous

Keep it factual. Don’t wriggle round the issues or feelings

During the sale X asked for additional furnishings to be left. Items they did not want were removed.

At no point did we discuss the age or condition of the furniture.

Besides the sofa bed, I also left - C YZ and did not charge for these items as I have no use for them.

It doesn’t matter whether OP left the furniture as a gift (as in it wasn’t listed in the sales contract) or if the sales contract was for a furnished property- either way furnishings within a property are always gifted or sold on an “as is” basis.

They have no chance of getting anything but egg on their faces with such a ridiculous claim. I’d love for them to get arsey and end up fined for contempt of court and making a frivolous claim. The threat of legal action was clearly to try and blackmail OP into giving them £1500

Don't worry.
Do I understand correctly that you never gave or implied any warranty as to the condition of the furniture, and the furniture was given to them for free?

They have no claim whatsoever.

If you didn't assert it was in perfect working order then they had no right to expect it to be.

If they didn't pay for it they haven't suffered loss.

They were acting as if they were sold a new sofa by a shop. (a) when items are bought and sold between individuals it's "caveat emptor" the buyer has to satisfy themselves about the quality of the goods and have no right of refund (b) this wasn't a sale, they were given it free (c) what they were given was old. Probably worth less than £100 if it was in full working order.

They are being proper CFers.

Thanks for all the support. I just need to reply with fact and keep emotions out of it. It’s just upset me greatly and they are indeed CF’s of the highest order!

Definitely CFs. Sending hugs OP. Sounds like your solicitor is very sensible.

As an aside, £1.5k would get you a very nice sofa bed. Does it bear any relationship to how much that would cost new?

Is there an option to claim for your costs? The advice from your solicitor must have cost you something and there's no reason you should be out of pocket defending such a ridiculous claim.

What’s happens is they put a claim in.
you can respond (as you are doing)
if you are at a stalemate, it goes to court. Sometimes there is mediation beforehand.
then a judge will decide.
however, stick the the facts - bullet points are easy and concise if you end up in court.
good luck

They’re worse than CFs. They’re fucking nasty shits.