I have withdrawn from a property purchase due to finding out detrimental info about the property /area which the sellers deliberately witheld from us. I purchased some items from them & left them in the property in good faith during the conveyacing process. I have a reciept from them for the private sale. I should have gone through my solicitor, but trusted the sellers - BIG MISTAKE! They have since emigrated. Family member has keys to the house, but wont give me access to remove the items i bought, and they wont give me the money back. I have tried phoning and writing to explain, and been very diplomatic, but they have cut off all communication and dont want to know. I do not know the address where they have emigrated or the family members address, although solicitors should know. I intend to take them to small claims court if this is possible, as i have lost @ £4000 in total. Has anyone been in this position? Would be grateful for any experience or advice shared. Thanks.
2006-10-15 10:08:29 · 7 answers · asked by Anonymous in Home & Garden ➔ Other - Home & Garden
Yes I have been in a similar situation when a person borrowed money off me and refused to pay it back.
The fact you have a receipt is definitely a good thing - in my case it was my word against his, fortunately I won the case.
You need to either contact Citizen's Advice or pick up a claim form from the civil court to to file your claim. It will take maybe 4 or 5 months to go to court.
You and the the defendents will be called to a hearing in the court, I am not sure what will happen as they have emigrated, perhaps somebody can appear on their behalf.
Citizen's advice can advise you on this matter.
At the court you will be given the opportunity to explain to a judge your side of the story and show the receipt they gave you. then either them or a representative will answer their case.
The decision will be made that day and the judge decide the amont they need to pay you and, if necessary, the installments they will pay you in if they cannot pay all in one go.
Good luck.
2006-10-15 10:20:35 · answer #1 · answered by Rosie 3 · 1⤊ 0⤋
If after the death of a claimant in any declare the reason for action survives, yet no order is made substituting as claimant somebody in whom the declare vests or, because of the fact the case may be, the indoors maximum representatives of the deceased claimant, you're able to carry on with to the court docket for an order that except the declare is proceeded with interior such time as may be particular interior the order the declare would be struck out. (RSC Ord 15, Rule 9) it quite is greater probable than not that the claimant did not make provision for the declare to be pursued against you after his or her death, or although that the kin of the deceased now not needs to pursue it. the priority is which you do not know the reason. if it quite is the former then you definately could win by utilising default, because it have been, and you will declare your expenses against the deceased's sources. if it quite is the latter then you definately threat prolonging the declare. In the two experience you're able to desire to ask the court docket to make an order that the declare be proceeded with interior say, 28 days, which will guard your pastimes. on the comparable time write a letter to the claimaints solicitors, on a without prejudice foundation, declaring what words you would be keen to settle the priority - the two that each social gathering bears its own expenses, or the claimaints sources will pay area of your expenses. even if you agree on make optimistic that the contract is very final and that no added claims, in any kind or way by any ability, could be pursued or resurrected after the contract. it quite is probable greater effectual to record a consent order to that result with the court docket to make optimistic.
2016-11-23 13:20:48 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Speak to a solicitor ! once they start sending letters mentioning the claims court to the relevant family member they will know you mean business . although they will not be responsible for paying you the money back and as the home owner is out of the country there is little chance of you getting any cash back . however they my give you the items you bought , Good luck .
2006-10-15 10:54:59 · answer #3 · answered by charlotterobo 4 · 0⤊ 0⤋
Haven't been quite in your position, but have used small claims court, relatively easy, you will need to fill in some forms, can be done on-line, and pay a fee based on the amount you wish to claim, you can choose to do the case without the need to go to court if the other side agrees as well. Hope this info is a small help.
2006-10-15 10:19:01 · answer #4 · answered by hat c 2 · 0⤊ 0⤋
You can do this yourself in the small claims court. I think you will have to pay a fee of about £140 to do so. My best advice is go to the court yourself and the staff there will explain the costs to you, and guide you through the procedure. You do not need a solicitor for this.
2006-10-15 12:35:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
you can actually sue instead of small claims as it is more than £750.See your soliciter
2006-10-15 10:20:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Go to your local citizens advice centre, they will advise you what and where to go.
2006-10-15 10:11:50 · answer #7 · answered by kr1stabelle 1 · 0⤊ 0⤋