Help being taken to small claims court.

[FBIsMostWanted]

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?

There is no such claim in contract law.

You don't know who anybody is online!

Incorrect. They saw the sofa and the condition is was in whe they asked for it to be left. So they received what they asked for. More fool them if they didn't check any mechanism then

@prh47bridge is an actual solicitor who often gives very valuable legal advice and assistance on this board.

In light of the fact you heard they have got rid of it I would ask what evidence there is that it doesn't work.

They can't just SAY it didn't work without providing evidence that will stand up in court. And if they have got rid of it...

I would ask if you can inspect the mechanism as you weren't even aware it was non functioning as you never lived there or used it.

I feel for you. I was taken to the small claims court by someone thoroughly unreasonable and it was about 18 months of stress before we eventually went to court. I won!!!

There is simply no need to ask because it makes no difference to the outcome of the case and muddies the water so to speak.

@prh47bridge thank you for the advice.
@Billybagpuss So as I understand it now mediation has failed the other side needs to pay another £120 to take it to court. But I think they are so petty they will. I have no timeframe for when that will happen.

Mine was August claim made - March preliminary hearing so 7 months

I was returning to the thread to say this.

@FBIsMostWanted please listen to @prh47bridge 's advice. Very knowledgeable on the legal board.

He is a solicitor.

@prh47bridge is a solicitor [and god] whose knowledge of the law is shared to a quite breathtakingly generous and civic-minded extent with MN-ers.

He is a she

Put this down on the form.

Making offers is not admitting liability if it is without prejudice.

Actually, I don't think so based on previous posts over the years.

But if you've interacted directly and know - then I'm wrong.

But I'm pretty sure this came up.

I know her professionally

No, I am not a she.

Since you think I am a she, you clearly don't know me professionally!

I’m so confused. Have you taken over the username? I met prh47bridge back in 200….8? And she was a female solicitor in Oxfordshire and we had some career discussions.

As far as I am aware, it has always been me. I used to live in Oxfordshire, but I moved to another part of the country in 2006. I started posting on Mumsnet using this username in 2009. There may have been a user with a similar name before me, but all the posts with his username in the last 15 years have definitely been me.

Well perhaps it was a very similar name and I have elided them over the following 16 years. Perfectly possible. I do apologise!

I'm not stalking you @prh47bridge btw. You interacted with a former colleague of mine over a school thing.

Even if you were, I have no objection to being stalked on Mumsnet (as long as it isn't in real life!) or being referred to using female pronouns (after all, most people here are female and the fact I'm male is generally not relevant). It was a little odd when Delphigirl claimed to know me professionally, but I really don't mind. No apology needed from anyone as far as I'm concerned.

I vaguely remember somebody with a similar-ish name on here who was a solicitor. Going back a good while though. I think I know who you mean but can't for the life of me remember the name.

They're bonkers. Sorry you're going through this stress