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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I have just moved house and on the day of completion ,my

Resolved Question:

Hi, I have just moved house and on the day of completion ,my buyer completed before myself and was moving from Devon toCornwall ,I did not vacate the property until after 4.30pm because a) The vendors solicitors for the house I was buying,did not complete until 2.15pm so I couldn't move in .
b) I had three loads to move three miles up the road .
My buyer then sent his movers away to return in the morning, as he said there was not enough time to unload ,he then went into accomodation for the night saying he was going to send me the bill for the extra cost as I was in breach of contract.
He then sent me a bill and invoices for just over £600 , I agreed to pay half of the bill as I felt the delay was not my fault either,I sent him a cheque and a letter saying I was only willing to pay half and if he was not happy with that then he should tear it up and take me to small claims court,he immediately cashed the cheque and wrote to me saying he would take me to small claims for the other £300 and if I didnt pay his costs within 14 days, he would pursue me with bailiffs for his costs.
My question is : would he be likely to win in a small claims court ,considering I have tried to meet him half way and I am as out of pocket as he is ?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. I would advise you to give this buyer the deaf ear. It is not worth his while, financially, to pursue in the Small Claims court if he wished and if he could. Under the terms of your contract and conveyance, any disputes have to be arbitrated and cannot go to court. So this gentleman would have to start arbitration proceedings over £300. he is not going to do that. Once his ire has cooled and he has moved into his new house, he will forget all about it. In fact, it was very generous of you, if sensible, to give him £300. Just leave it all behind you.
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