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?

Please please PLEASE come back and tell us how it went. No matter how many weeks/months from now. I am outraged at their audacity!!!!!!!

I would hesitate to tick 'mediation' - isn't that where both parties compromise. They want 1500 - you want to give 0. They get 750. Ask your solicitor!
Just heard this in a podcast where a fraudster had left a rental in a state, no notice etc., looked for their deposit back. Mediation meant the landlord ended up giving them some money.

I think mediation is non binding, but people are anxious to put these matters behind them so pay up, in order to move on.

Mediation is non binding and you are right it means compromise. But it doesn’t cost anything and it doesn’t delay anything and it is a chance to have a neutral person say to the other side “WHY have you brought this claim?” Which may be sufficient for them to throw in the towel.

They will be chucked out of the initial hearing 🤣🤣🤣 I'd go just to watch them try to argue it!

Wow! I can't believe this. You were kind to leave some of the furniture you could have taken it all and they would have had to spend £1ks on new but they can't buy a new sofa bed for 500 from IKEA or argos!
How ridiculous. Can't believe they have the effort to take you to court.

They are a prime example of the entitled fuckwits that roam our planet nowadays.

Fill out form factually.

Hand it in - allow them the rope and watch them hand themselves

They are claiming for something they paid £0 for that they didn’t have to begin with and want a new one. You can offer to remove if they don’t want it.

sold as seen applies here.

they may have to pay your legal costs. Let them take you to court. It’s a hassle but unless you said the sofa bed was working then what’s the problem

You can’t claim replacement costs for something you were given for free.

This. I was wondering how they can claim money for something they didn’t pay for. At most, costs to remove it from the premises , but nothing more.

Hold your nerve, op.

Solicitor here. I appreciate you will be feeling really stressed out but honestly you will be absolutely fine.

The important thing to put forward in your response is to explain that you left furniture at their request, that there was no increase to the price (the items were left free as a goodwill gesture) and that you gave no assurances at all about the condition or functionality of the items.

As its a disputed case there may well be a hearing but it will short and fairly informal and may be by telephone conference or video link. The court may ask if there is any evidence you want to submit before the hearing. If so I suggest copies of any correspondence about the point ie emails, screenshot of text messages etc that verify what you were saying.

The judge will roll eyes and strike out the case. Costs aren't usually awarded in small claims but the judge has discretion to order the claimant to pay a small sum (fixed at a max of £200 I think though I'm rusty on small claims!) particularly if you've suffered any out of pocket expenses as a result of the claim such as travel costs to court, lost wages - make sure you can supply receipts/proof etc if you want to ask for this.

They don't have a case. Make it clear that you agreed the price before the furniture was discussed, and the price would have stayed the same with or without the furniture.

They really are being CFs expecting a new sofa bed. I suspect if they were that bothered they could get the mechanism repaired.

@honeylulu thanks so much for your advice I will definitely take everything on board and I’ve borrow a few of your sentences for my reply. @Hucklemuckle Will definitely keep you updated. I’ve ticked mediation as a show of good faith but not planning on offering any £££.
Reading the replies from you all just makes me more mad at their CFerry and resolved to fight this so they get ZERO!

My word, what CFers. How dare they?! I’m incensed on your behalf. We’re they difficult during the buying process?

Stay strong OP these CFs need to be taught a lesson.

I hope the judge is sharp and sarcastic to them, like on the telly!

@OlympicGoldfish no not difficult. They asked about leaving pretty much everything, white goods, furniture, even bedsteads. They didn’t want the kitchen utensils and the mattresses, I also took all personal items, knickknacks and pictures. So I would say in rental terms it was semi furnished.
They never asked about the condition of anything just are you leaving it.
I know one of the sofa’s was bought in Harrods and all of the furniture was equally good quality, that was just Auntie. She had 3 husbands but had been on her own for @20 so treated herself to whatever she wanted and she loved pretty things.

What a strange couple. Do they intend to hassle you when the fridge stops working and so on? I see they’re FTB but, surely, everyone knows the process and what is or isn’t in the sale.

I would be incensed they had any use of my dear aunt's things at this point. Yes, please update.

Wow what a cheek. Hope it gets sorted with no cost to you.

Wait until they are sober to have the conversation

Just a bit of a non update. I have entered my defence saying that they didn’t pay for the sofa and didn’t ask about the condition. I’ve phoned up the courts today and made sure they’ve received my defence, which they have, but they said that they are very behind and only dealing with claims from June at the moment.
I can’t see me hearing anything until Christmas time. It’s just so frustrating having this hanging over my head.
Will update when I have something to update.

Shame you can’t counter sue for emotional distress.

Absolutely unbelievable behaviour CF. Good luck, you will be fine.

OP, I’m sorry to hear those CFs are persisting in their petty madness.

@Billybagpuss I was thinking of putting in something to that affect or the money I’ll lose from taking the day off work but I’ve been told the courts really don’t favour that kind of thing.
@OlympicGoldfish yes I was really hoping it would just go away or be withdrawn. I have ticked the box for mediation and for a judge to just look at all the evidence and make a ruling. Hoping I don’t have to go to court.

Remember, if they don't have a cause of action it will be thrown out

They will ask to see where in the contract it states the furniture will be paid for or replaced if not usable. Which I'm assuming doesn't exist.