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Original poster

Help being taken to small claims court.

328 replies

FBIsMostWanted · 08/08/2024 20:16

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?

OP posts:
heldinadream · 14/02/2025 18:15

Velmy · 14/02/2025 16:51

Anyone else incredibly nervous that OP has been given a massive fine and 10 years in prison? 😅

Lol if that's happened we must mount a massive campaign for a miscarriage of justice - Free the Mumsnet One! 💪

Izzynohopanda · 14/02/2025 18:24

Yes, let’s not be Couch potatoes about it!

december2020 · 14/02/2025 19:00

I hope OP is out somewhere celebrating a well deserved win.

(And that she lets us know the outcome soon).

OVienna · 14/02/2025 19:36

Hoping for a great update OP!

Suimai · 14/02/2025 19:47

Velmy · 14/02/2025 16:51

Anyone else incredibly nervous that OP has been given a massive fine and 10 years in prison? 😅

I’m actually getting worried myself now 👀👀 it’s well past gin o clock for me

HeadacheEarthquake · 14/02/2025 21:13

Free the mumsnet one!

Nah in all seriousness I hope she is reeling with relief on the sofa with a pizza, prosecco and laughing manically at the butt-smackong they got from being struck off. I'm sure she will catch us up when she can, I'm waiting to hear too.

When the tablecloth case against me got stuck off we hit the gin quite vivaciously and had a lot of people to phone and regale.

MrsPinkCock · 14/02/2025 23:07

There’s no way this didn’t go in OPs favour.

I hope you were awarded your expenses at least. (Maybe not the new suit, but other stuff) 🤣

OpizpuHeuvHiyo · 15/02/2025 08:36

Hoping there will be a good news update today @FBIsMostWanted

Original poster
FBIsMostWanted · 15/02/2025 11:02

Hello Everyone, sorry to keep you all waiting. Well I was out celebrating last night! I WON!
The madness is over. The judge asked us both questions about the evidence we both provided but it was fairly clear from the get go where it was going.
She kept stating that I had told her everything was in perfect as new condition, which I most certainly did not. She kept bleating on about how she would not have offered as much for the flat as she had done if she knew she’d have to buy new sofas. The most ridiculous thing that was said was that she could have gazumped me just before exchange but she had MORALS so she didn’t.
It’s such a relief it’s over. I even managed a smug smile at her before I walked out.
Thank you all for your supports x

OP posts:
Rummly · 15/02/2025 11:05

Nice one! 👏👏

Did the judge give reasons?

CarrotSeeds · 15/02/2025 11:06

Amazing! Like lots of other posters, I have followed this madness since last year. I'm so glad it worked out in your favour and that the greedy buyers have got their just desserts 😊

prh47bridge · 15/02/2025 11:16

Well done.

PromoJoJo · 15/02/2025 11:20

This reply has been withdrawn

Withdrawn at the poster's request.

Original poster
FBIsMostWanted · 15/02/2025 11:29

@Rummly yes, it really all came down to the section in the survey that they instructed to be done. It was a level 3 and it said that any freestanding items or appliances left were not checked and the buyer must get there own report on their condition.
The judge asked if they had got a condition report before sale and of cause they hadn’t.

OP posts:
LarnaArm · 15/02/2025 11:30

FBIsMostWanted · 15/02/2025 11:29

@Rummly yes, it really all came down to the section in the survey that they instructed to be done. It was a level 3 and it said that any freestanding items or appliances left were not checked and the buyer must get there own report on their condition.
The judge asked if they had got a condition report before sale and of cause they hadn’t.

What is the outcome regarding costs etc? Legal bills, expenses?

Izzynohopanda · 15/02/2025 11:33

Justice for the Mumsnet One! So pleased for you.

Izzynohopanda · 15/02/2025 11:36

LarnaArm · 15/02/2025 11:30

What is the outcome regarding costs etc? Legal bills, expenses?

Show quote history

When we did the small claims court, the looser paid all the fees. It got added on to the total money due.

However, our person didn’t initially pay so we had to escalate it to the next stage (bailiffs?) which we could do online as part if the process.

Quinlan · 15/02/2025 11:38

Izzynohopanda · 15/02/2025 11:33

Justice for the Mumsnet One! So pleased for you.

I don’t know why but this tickled me. “Justice for the mumsnet one” sounds like a good chant!

Whyherewego · 15/02/2025 11:48

Hurray ! Am so glad.for you OP ! What a relief it's all over

Rummly · 15/02/2025 11:50

FBIsMostWanted · 15/02/2025 11:29

@Rummly yes, it really all came down to the section in the survey that they instructed to be done. It was a level 3 and it said that any freestanding items or appliances left were not checked and the buyer must get there own report on their condition.
The judge asked if they had got a condition report before sale and of cause they hadn’t.

Thank you.

ScoobyDoesnt · 15/02/2025 11:54

I’ve been following this thread from the outset, and wanted to say well done! As they say, justice has most certainly prevailed.

Caterina99 · 15/02/2025 11:57

Happy for you OP! I specifically came on here to check on your thread.

I hope you were able to claim your expenses back

TheFormidableMrsC · 15/02/2025 12:30

What a massive pair of twats. So glad it's over and you are freeeeeeee!

Glitterbiscuits · 15/02/2025 12:43

Well, this is lovely.

Was the judge cross or annoyed at them?
Did you get your expenses paid?

Thanks for sharing your story with us OP

SofaSpuds · 15/02/2025 12:53

Great news @FBIsMostWanted 👏 👏
I know people were saying you'd win easily, but until the judge makes a ruling it's always such a worry isn't it.
It's all over now, so breathe easy and celebrate 🥳

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