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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice
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A lady was going to buy my house 8yrs ago and asked if she

Customer Question

A lady was going to buy my house 8yrs ago and asked if she could buy all my furniture in it aswel. We agreed a price of £800. She gave me a cheque for the deposit of the furniture for £400 that day (8yrs ago.) She then gave me a further £300 cash a few weeks later so in total paid me £700. Then 7 months down the line just before we signed she pulled out of the house sale (I was already in my new house at this point) She then said she wanted her money back for the furniture. I didn't have the money and was advised by Citezens advice to tell her she could still take the furniture as I'd kept in for her for 6months. She wasn't happy with this. When my house then sold 10months later we agreed I would give her half back so I gave her £350 cash back. She has recently moved near me and has now started harassing me and shouting foul language at me in public places and sending me awful messages saying she now wants another £350. This is after 8yrs. Am I obliged to give her this money even though she Bought the furniture but never collected it? Citezens Advice don't seem to think I do but want legal advice. She said she is now going to take me to court.
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
The CAB were wrong I'm afraid but it doesn't matter.
If she didn't go through with the deal then she was in breach but you still had the furniture to sell so you had no loss. Therefore she did have a claim.
However, it is no issue now. She is out of time. She had 6 years to issue from the date of last acknowledgement under the Limitation Act 1980. She has not done so. She has no good reason.
She has no claim for additional amounts anyway.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi, I did ask her to collect the furniture though but she didn't:( What do u mean by she was in breach of contract?
Also she has contacted me a few times over the years to ask for it but I just said no. I said to take me to court if she though I owed her it. But yes it has been 8 years since the sale and it's only now she is saying she will take me to court. I feel threatened by her though and I'm really quite worried. Am I able to send u messages that she has sent me to show u the things she says? And does this cost me per question?
Thanks
Expert:  Jo C. replied 2 years ago.
She agreed to buy and did not. That is a breach.
She may sue. If she does you just apply for it to be struck out at summary judgment because she is out of time.
It isn't all that likely that she will sue after eight years but it is possible that she could.
Customer: replied 2 years ago.
What would u advise? Should I just pay her the £350? is there any chance I will end up with court costs if she does take me to court? I'm not really understand as u said she can't after 6yrs, but then u said she may sue?
What is your advice? I don't feel I owe her the money at all. I believe I was more than fair with her. She also sends me threatening texts and harasses me in public places. Is this allowed?
Thank you
Expert:  Jo C. replied 2 years ago.
She is out of time.
You were liable originally but she is out of time so it would be struck down.
She may sue. If she does you just apply for it to be struck out at summary judgment because she is out of time.
Her conduct in public isn't really relevant to this particular dispute. It may offend. It depends what she is doing. Whatever she is doing though it doesn't amount to a defence to this dispute.
You probably don't want the expense of suing her for her conduct.
Customer: replied 2 years ago.
So would u advise to just ignore her and c if she takes me to court?
Expert:  Jo C. replied 2 years ago.
Yes, I wouldn't engage with her at all unless she actually issues.
Customer: replied 2 years ago.
Thank you for ur help.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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