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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi I wonder if you give me some guidance as I have hit a brick

Customer Question

Hi I wonder if you give me some guidance as I have hit a brick wall, purchased a property which exchanged 12/07/13 on the fixtures and fitting form that was sent for checking I noticed that it was dated 23/07/12 on receipt I pointed this out to the agent and was told that as long as I was happy that it could be taken into consideration. on this form was ticked washing machine, fridge, fridge freezer was to be included and an EPC was to follow. On moving in on 13/07/13 the above appliances have not been left in the property. I have requested £650 compensation as I have had to purchase new appliances and we are at stalemate. It also looks like an EPC will not be following and we will have to now obtain this at a further expense to ourselves. I believe we have acted correctly, I have contacted my solicitor 23/07/13 to intervene but have received no response. Please let can you advise me. Many Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Was the fixtures and fittings list provided by the sellers solicitor to your solicitor please or was it provided in another way to you?

Customer:

By the vendors solicitor to my solicitor then posted to me

Josh-2010 :

Thanks. Do you have a forwarding address for the seller? Alternatively do you have their solicitors name and address - the agents or your solicitor will have the details?

Josh-2010 :

Have you asked the agents why an EPC was not obtained?

Josh-2010 :

Is the property a listed building?

Customer:

no to sellers address, yes to solicitors name and address, the agent checked re epc online and no I didn't think to ask why it was not and no the property is not a listed building

Josh-2010 :

Thanks. Regarding the EPC it is an offence for the agent to market the property without and EPC having been instructed. It is also an offence for the seller to do so. You may wish to contact the agents and advise that you have have instructed your own EPC on the property (though you did not have to) and should be grateful to receive reimbursement of the cost of the same failing which you will contact Trading Standards as it is a breach of the Housing Act for them to market without as above. They may be willing to pay you off in this respect to avoid trouble with Trading Standards. If not then you may wish to add the cost to your claim against the sellers (as discussed further below).

Josh-2010 :

In terms of the fixtures and fittings, the F&F list provided by the sellers solicitors to your solicitors forms a conclusive part of the contract you have with the seller and if the seller fails to leave items included on the same the you have a straightforward claim against them for the cost of machines of similar spec and age.

Josh-2010 :

You may wish to ask your solicitor to provide a copy of the fixtures and fittings list that formed part of the contract so you could prove to a court (if disputed) that the F&F list you have was that supplied by the sellers solicitors.

Customer:

I have the original fixtures and fitting form in my possession as it is a original signature on the document.

Josh-2010 :

Notwithstanding this, your action is to write to the sellers solicitors and raise the issue with them and advise that you expect to receive the sellers cheque within the next 10 days for the amount demanded (provide a brief explanation of how you have calculated the figure) failing which advise that you will issue proceedings against them in the county court

Josh-2010 :

You can ask the solicitors whether you should serve the papers on them or whether you should serve papers on the sellers at a different address and if the latter the appropriate address to use failing which you will serve papers on the sellers last known address - presumably the property - which is acceptable under the civil procedure rules.

Josh-2010 :

The simplest way to issue proceedings is by using the courts online issuing service:

Josh-2010 :

https://www.moneyclaim.gov.uk/

Josh-2010 :

Legal fees cannot be claimed and court fees are modest and it is designed to be used by the public without the need for solicitors.

Josh-2010 :

Based on the evidence of contract the claim should be straightforward. If you do not have a copy ask your solicitor for a copy of the contract and "National Conditions of Sale" which form part of the contract.

Josh-2010 :

Is there anything above I can clarify for you?

Customer:

No I think you have covered everything I need to do, appreciate the help and guidance.

Josh-2010 :

A pleasure

Josh-2010 :

If I can assist any further as the situation develops please do no hesitate to let me know.

Customer:

Thank you very much

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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