Hi all,
Live in Glasgow, and bought a new (to us) in April, and the house had a few major problems. Burst pipes behind a wall, brought down the ceiling downstairs, and meant we had to call an emergency plumber on a bank holiday weekend and rip the place apart to find the leak. So did that and finally got water back on and switched on the central heating, and found most of the radiators leaking to due to internal corrosion. Previous owners had turned the heating off for about a year and drained the system due to the cold weather. They were meant to switch everything back on and have the system serviced etc, but this obviously wasnt done. So intimated the defects to solicitors, and seller refused any liability, so have raised a small claims action and the seller is now contesting this and we have a court date. Just to see what to expect on the day, is it a big formal court thing or just a few people in a room? Also, what actually happens? I cant understand what their defense will be as we have the intimations made by our solicitors, and the invoices for all the plumbing work. We arent even claiming for all the decor, as we had a lot of trade mates to help us sort it out, but no plumbers unfortunately. A number of other really bad faults also, but found these out further down the line. Really dangerous stuff, kitchen plugs wired into the oven circuit etc. Electician said half the house was a death trap. Any advice?
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Small Claims Action - Going to court and what to expect?
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Posted 7 months ago #
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Down here in blighty it was a small affair just us two and the judge, fortunately for us the other party didn't turn up, which put the decision in our favour, although we would have won anyway as they didn't have a leg to stand on (distance selling regs are great for the buyer)
They didn't pay up in the allotted time, so we sent in the bailiffs and the bar steward folded so we didn't get anything.
All in all was an experience that was fine but don't really want to go through again
Posted 7 months ago # -
Erm, surely if you bought it and you didn't think about checking this type of thing it's buyer beware ?
Posted 7 months ago # -
there were loads of cases the one time i've been in small claims court (in edinburgh). don't expect your case to be heard at the time on the papers, they'll all say that time
It's fairly informal, the sheriff wanted to hear both sides - you'll speak first as it's your case. you just have to explain what you are seeking and your case.
not that scary
Posted 7 months ago # -
Down here in blighty it was a small affair just us two and the judge, fortunately for us the other party didn't turn up, which put the decision in our favour, although we would have won anyway as they didn't have a leg to stand on
Exactly as my one experience (representing my employer rather than myself). Don't know if any different north of the border.Posted 7 months ago # -
Cool sounds okay then. Its not really buyer beware, as I have bought a number of properties previously and never had any issues. Anyhow, thats why you get a period to intimate faults to the vendor, to give you time to ensure that things are in order and as described.
The faults mentioned are the tip of the iceberg, and some of them could be classed as criminally negligent in my opinion.Thanks guys, Ill look forward to the date. However if I win, getting the money may be another ball game altogether!
Posted 7 months ago # -
Didn't you get a survey done? Shouldn't you be taking the surveyors to court?
Posted 7 months ago #
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