HIPs, suspended but still been charged

gbgeer43

Hi everyone

A couple of months ago I was planning to sell my property and so had to get a Home Information Pack.
I delayed actually placing the property on the market for various reasons and the HIP was never actually performed. The HIP assessor never came round to perform any checks on the property. I guess they could say that they performed the searches etc.

I thought HIPs were suspended as of 21st May 2010, so long as the property wasn't actually on the market. Unfortunately though I gave them my credit details and it seems they've charged me £359.55 on the 29th June.
I've only just noticed now due to being on holiday for the past few weeks.

Is there anything I can do about it?
Even if I did sign the HIP agreement?

Report it as a fraudulent transaction to the credit card company?
Is there a regulator/watchdog I could contact about these?

Cheers, B

sonastin

Contact them and get them to do the HIP if they are insisting that you pay for it. Or ask them to refund the cost of the parts of the HIP that they didn't actually carry out.

As you signed the agreement, you are obliged to pay for it, but they are obliged to deliver and they are in breach of contract if they don't.

timmyt

you contracted to buy, so sounds like they can take payment at any time...but did they do the work...get in touch with them and find out when they ordered the stuff, as many have gone bust half way through...good one GOvernment!

gbgeer43

Ok that's a very good point.
I've not been notified that they've performed any of it, however I'm sure they're busy doing anything they can or fabricating some dates etc.
Will call them tomorrow and find out if they've done any of it and post back here.

So there's no mileage in trying to get the credit card company (capital one) to cancel/reverse the transaction or reporting it as fraudulent?
Guess the HIP company will just turn round and say that I still owe them the dosh.

Cheers, B

sonastin

It might work telling CC company that it was never delivered. It would work for goods ordered but never received but I don't know how the law works in relation to services paid for by credit card. Your card provider should be able to tell you though.

DVardysShadow

gbgeer43 wrote: »

Ok that's a very good point.
I've not been notified that they've performed any of it, however I'm sure they're busy doing anything they can or fabricating some dates etc.
Will call them tomorrow and find out if they've done any of it and post back here.

So there's no mileage in trying to get the credit card company (capital one) to cancel/reverse the transaction or reporting it as fraudulent?
Guess the HIP company will just turn round and say that I still owe them the dosh.

Cheers, B

Ultimately, you will need to speak to them. But in this instance they may be pulling a fast one. As already stated, there is a contract in place. Now, if you go in too soon, it may be unreasonable to repudiate the contract [I think that is the term] - but the longer you leave it and the longer it is since you have paid for it, the more reasonable it is just to repudiate the contract if there is no HIP.

I would suggest that you leave it as long as you can towards the time limit for instigating a credit card chargeback. Then ask in person, with a witness for sight of the HIP. If it is produced, then all well and good - but if it is not, instigate the chargeback.

That is my take on it - others may disagree.