Claiming against a deceased sole trader.
Discussion
My girlfriend’s dad passed away 12 months ago. He was a sole trader in an antique repair business.
About five or six years ago he repaired a customers antique. At the time he offered a five year guarantee. I believe that the guarantee was probably verbal, though may have had the words “Guarantee” on the receipt provided (given the receipt was probably hand written, I cannot imagine there would have been a list of terms and exclusions).
In the years after the repair, the customer came back a few times claiming the goods were not repaired properly and each time, the repairer did his best to make the good the situation.
Now, 12 months after his death, the customer is demanding a refund for the full amount of the original repair from the departed traders wife, he's written demanding a full refund and has now written again saying he's disappointed he's not had a response (I think he might be a retired solicitor).
The question is: as the repairer was a sole trader and the business no longer exists, is there any case to answer by anyone?
I’m struggling a bit personally with the fact the repair / complaint situation had been going on for five years or so and the customer to our knowledge never took action against him. I get the impression he is trying is luck with a vulnerable old lady thinking she’ll pay him off.
Is it possible to claim against a sole trader’s estate?
About five or six years ago he repaired a customers antique. At the time he offered a five year guarantee. I believe that the guarantee was probably verbal, though may have had the words “Guarantee” on the receipt provided (given the receipt was probably hand written, I cannot imagine there would have been a list of terms and exclusions).
In the years after the repair, the customer came back a few times claiming the goods were not repaired properly and each time, the repairer did his best to make the good the situation.
Now, 12 months after his death, the customer is demanding a refund for the full amount of the original repair from the departed traders wife, he's written demanding a full refund and has now written again saying he's disappointed he's not had a response (I think he might be a retired solicitor).
The question is: as the repairer was a sole trader and the business no longer exists, is there any case to answer by anyone?
I’m struggling a bit personally with the fact the repair / complaint situation had been going on for five years or so and the customer to our knowledge never took action against him. I get the impression he is trying is luck with a vulnerable old lady thinking she’ll pay him off.
Is it possible to claim against a sole trader’s estate?
Thanks for the answers so far.
To answer the various questions:
He was definitely a sole trader.
I'd prefer not to get specific with what the item is as few people are in that particular line. It is an antique though.
The claim is for the full amount of the original repair several years ago; his letter is demanding a complete refund.
I've not seen sight of the "guarantee" offered and it seems like a good one to request evidence on. What I don't want to do though is give this person oxygen in the belief they think they're going to get somewhere, since they're retired I suspect they have plenty of time on their hands...
To answer the various questions:
He was definitely a sole trader.
I'd prefer not to get specific with what the item is as few people are in that particular line. It is an antique though.
The claim is for the full amount of the original repair several years ago; his letter is demanding a complete refund.
I've not seen sight of the "guarantee" offered and it seems like a good one to request evidence on. What I don't want to do though is give this person oxygen in the belief they think they're going to get somewhere, since they're retired I suspect they have plenty of time on their hands...
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