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MatthewM1117
MatthewM1117,
Category: Property Law
Satisfied Customers: 334
Experience:  Expert
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I have bought a property and completed on 17th April. The

Customer Question

Hi, I have bought a property and completed on 17th April. The day when I collected the key from the flat, I’ve immediately found out that the seller has took away the washing machine and refrigerator and the curtains which are supposed to stay in the flat and ticked from “the content and fitters”’form by the seller. I have then reported it to my solicitor. But the problem is, the seller and the seller’s solicitor give no response at all to my solicitor although my solicitor has been chasing them all the time. My solicitor says she can’t do anything apart from sending them emails but it doesn’t work at all. I had to purchase all these items again and cost me more than £500, could you please tell me what can I do about it? I don’t think it’s fair for me to take the seller to the small claim court which will cost my time and money. and it’s also not fair that my solicitor should take care and protect me as I am the buyer. Please help. Many thanks. Yina
Submitted: 11 days ago.
Category: Property Law
Expert:  MatthewM1117 replied 11 days ago.

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. I am sorry to hear about your current circumstances, however the only route would be to proceed to bringing a smalls claim against the seller, it is unlikely that the seller is corresponding with their solicitor and therefore can no longer assist your solicitors.

Bringing a claim to small claims usually takes around 6 - 8 weeks if it is undefended, the online claim form for a claim up to £500 is £35 and the overall process is designed to be straight forward and much less time consuming.

Customer: replied 11 days ago.
Hi Matthew, thanks for your reply and guidance. So my solicitor has no responsibility for my lose and she won’t and not be able to make the claim on my behalf? Does it mean that I have no other way but only to take this case to small claim asap?
Expert:  MatthewM1117 replied 11 days ago.

Your solicitor is not responsible for your loss you have incurred, the fixtures and fittings which constituted part of the contract was made between the seller and yourself, your solicitor cannot claim on your behalf. I cannot see another route apart from going down the smalls claim route.

Customer: replied 11 days ago.
Ok I see. So I just to inform my solicitor that I am going to take the seller to the small claim court and my solicitor will provide all the relevant information for my claim right? I never did the small claim, how to do it? just google small claim and follow the steps? do I need to go to the court for it? Thank you
Expert:  MatthewM1117 replied 11 days ago.

The following link should assist you: https://www.gov.uk/make-court-claim-for-money your solicitor was acting in your conveyancing matter not for your litigation cliam.

Expert:  MatthewM1117 replied 11 days ago.

Hopefully I have answered but if anything remains unclear I will be happy to assist you further.

Customer: replied 11 days ago.
thank you so much Matthew!
Expert:  MatthewM1117 replied 11 days ago.
Glad to be off assistance, I wish you all the best.
Customer: replied 9 days ago.
Dear *****, I was filling in the application form but I don’t know the seller’s correspondence address, I have asked my solicitor but unfortunately she doesn’t have it, the seller and her solicitor give no response at all, so what can I do about it? without a correspondence address of the seller, I don’t be able to complete this online claim application, please help. many thanks
Expert:  MatthewM1117 replied 9 days ago.

It may be worth contacting the estate agents who dealt with the sale to see if they can provide a forwarding address.

Customer: replied 9 days ago.
I have contacted the agent and actually Dexters agent has been chasing the seller and her solicitor all the time but also no response. and the agent says they don’t have seller’s current address
Expert:  MatthewM1117 replied 9 days ago.
Unfortunately of the seekers solicitors or agents cannot provide the details I am unsure of any other party who would be able to provide their current address.
Customer: replied 9 days ago.
really? that’s not fair. So if anyone who owes other’s money, as long as he/she doesn’t provide a correspondence address then they can just walk away from the debt?
Expert:  MatthewM1117 replied 9 days ago.

I would continue chase the solicitors and agents involved until the address has been provided.

Customer: replied 9 days ago.
What if they can’t provide it? Then I will be in a dead corner or pay some one to find the address for me?
Expert:  MatthewM1117 replied 9 days ago.

That would be the only other alternative.