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Who do you think I'm more likely to get my money back from?

(8 Posts)
HeadFairy Fri 10-Jul-09 19:15:11

Bit of background...

we were due to exchange on a property this week. Unfortunately, last week the people whose house we were buying pulled out of the sale. Their agent was on the ball enough to stop our survey which was due to go ahead that very day. However, I'd already sent the paper work and a large cheque to the surveyors.

Stupidly, I assumed they'd just not cash the cheque. I was on nights at the time so was operating on a slightly different timescale to normal (only getting out of bed at 6pm, not getting home from work until 11am and then falling in to bed). That's my feeble defence anyway.

This week, after a hellish week of frantically looking for a new house, as we're homeless in 4 weeks, I checked my bank account and I'm horribly overdrawn because the surveyors have cashed the cheque (though not done the survey). I'm now due some hefty bank charges.

Do you think I've got any chance of getting these bank charges refunded, and if so, who's best to approach. Should I beg the bank to take pity on me or should I get the surveyor (assuming they will) to pay at least some of those charges?

FiveGoMadInDorset Fri 10-Jul-09 19:21:09

Beg the bank to take pity on you which they may do, they gave me back £290 worth of bank charges earlier this year. I would also write an extremely strongly worded letter to the surveyors threatening legal action if they do not refund you the fee and charges and see how you get on. Do they have a set notice time for cancellation and that is why they charged you?

HeadFairy Fri 10-Jul-09 19:26:12

To be honest five, I didn't even check. It's been really hard the past couple of weeks, with night shifts, a toddler, early pregnancy with all the ms and crap, dh working ridiculously long hours, and trying to sort out our own sale too.... I just signed the paperwork and sent the cheque because at that point I had no reason to suspect I would have to cancel it. Stupid I know.

I'm hoping the fact that the surveyor was recommended by the selling agent and gets a lot of work from them might help my case.

FiveGoMadInDorset Fri 10-Jul-09 19:30:14

That is what you tell the bank.

If you can and soon get hold of the selling agent and ask for details of when they cancelled and also if they have a cancellation policy, as IMHO the agent should have told you that when he cancelled them on your behalf. I am nohing to do with the law but that just seems common sense.

FiveGoMadInDorset Fri 10-Jul-09 19:31:06

On their belaf not yours. I know how difficult early pregnancy, toddlers, working, etc are.

HeadFairy Fri 10-Jul-09 19:34:47

I think you're right, a two pronged attack is more likely to yield results. I've had bank charges refunded once before when I'd only gone pennies over my limit, but this was a big fat £600 over my limit. Hopefully they'll take pity!

FiveGoMadInDorset Fri 10-Jul-09 19:40:45

If you can also get the selling agent to have a go at the syrveyors then you have a 2 pronged attack on them and then you can also have a go at the bank.

Ouch at the overdraft and good luck.

HeadFairy Fri 10-Jul-09 19:59:03

I like it, a three pronged attack!

Thanks for that

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