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?

So another mini update. I have had the paperwork that yes indeed I am being taken to court. I haven’t been given a court date as the paperwork saying this will be coming when a date has been fix.
So it looks like they are taking CF pettiness to a new level. Happy Christmas to me!

This happened to me - a totally unreasonable claim, when I had no experience of courts and I panicked. I wrote down exactly what had happened and got advice from a solicitor, as you have done. She said: 'That is your defence - send exactly that in.'
I did so, but I was so nervous that I kept delaying until I nearly missed the deadline, but I got it in by hand, just in time.
He lost.
I later found out that he had boasted that this was a lucrative hobby for him - he tried it on with everyone he thought might be inexperienced and vulnerable, and he had always won before me, because they were too panicked to fight it.

Yep! Exactly what happened to me too. They will be laughed out.

Just a reminder that most cases get thrown out, people claim for all sorts of bullshit

Honestly, just forget about it until you get your summons. This potentially could be a very long time (if our court and its backlog is anything to go by). Don't let it ruin your day to day life. I can't see that they're going to win this. They have backed themselves into a corner and now can't back down. They will look utterly stupid and incredibly petty. It is enormous waste of court time. Keep going

The average time for a small claim to go to trial is just under one year. So yes, it could be a long time before this gets to court.

Wow, that's some CF CV this pair will be building up:

"Number of years experience operating as a professional c***: 2 to present."

Although I suspect their reign of terror started earlier and you are just their latest victim. Have you Googled them?

Don’t let this scare you. Small claims court is just some room somewhere. I don't think you even need to attend. They are clearly being very petty.

You can get it moved to the court near you if you want - the guidance is that it is heard at the defendant nearest court
I had a similar with an item sold with a house (integral ) years ago.
I moved it to my address miles away- They withdrew the day before, I had so many witness statements ready! (they claimed that an item had never been serviced- it had a full service history)

I really sympathise. I’ve recently been taken to court - my business actually- over a faulty product which had been purchased 10 years earlier. We had offered a full refund as a goodwill gesture, but the consumer said the item had appreciated in value and he wanted the current market value as compensation.
The claimant didn’t accept our defence and insisted on a hearing. The judge struck out the claim as out of time. It took 6 months to go from claim to hearing.
The claimant was a very bad loser and has now lodged an appeal! So we now have more waiting until this is finally resolved.

So if you are still watching this thread I’ve got a court date through. You couldn’t write it! 14th February. In the paperwork it says they must provide a copy of everything that they will use in evidence otherwise it’s inadmissible, I haven’t received anything yet. When we had the mediation they refused to provide any receipts or any evidence so I’m sure there isn’t any.
So it looks like the next update will be after Valentine’s Day.

Unfortunately in the same town.

This is when they will have to explain their cause of action. The judge will ask for proof of the contract that details your obligation to them regarding the sofa. Which doesn't exist right?

If so, enjoy watching them get slung out.

I am still intrigued that there is such a thing as a “sofa expert” that can conduct a survey and write a report on the condition etc - and charge many £ to do so.

I wonder if he's friends with the "laundry expert" my wedding venue owner apparently hired in to assess the stained tablecloth he tried to take me to court over

@FBIsMostWanted thanks for updating. I am sure the case will go in your favour as they are utterly bonkers.

I’m astonished they’re not withdrawing. This is pure madness.

Good.luck OP!

Me too. They are clearly so entrenched that they are determined to see it through. Utterly ridiculous. I can't see them getting anything but a flea in their ear!

Utter nutters

@FBIsMostWanted I am so sorry you are going through this utter farce and waste of time but I am sure the judge will tell them their fortune on the day.
I was a witness for a friend at a small claims hearing many years ago (think this must have been before mediation was offered) and the judge was extremely scathing to the other party who very clearly told a made up tale with zero supporting evidence.
Regarding the mediation you took part in, can I ask were the other party on the same zoom or whatever online thingy it was so that you spoke directly to each other with the mediator present or did each of you speak to the mediator separately and the mediator then relayed each parties responses?
I will be going through small claims myself soon and would really appreciate knowing how the mediation will operate.

Last year for mine the mediator rang us both and switched between lines. We don't get to address the other party directly

My mediator was trying so hard not to laugh at tablecloth-gate

At least you have a date now OP. Looking forward to the update after 14th February when hopefully they will get their come-uppance!

How frustrating for you. I can't wait to hear them getting absolutely told they're being ridiculous in Feb.

It will also make people wary of being nice in future too. When I got my house I was starting again after divorce and the family I bought off left me a wardrobe, tv unit, swing set and and trampoline. I was so grateful at the time as it helped me so much.

This is bonkers.... did it not come up in the survey 😂
Honestly too much time and money...