refund on failed mortgage application

dragonspark

hello to all, i was hoping someone could give me advice please.
last march a mortgage advisor visited me at our home with a view to obtaining a mortgage, i was informed there would be a deposit of £795 payable and was assured that if the application failed there would be a full refund and was given paperwork to that effect.
about two months later , after me chasing up i was informed that the leeds building society would accept our application, forms were filled in then we waited for notification of a valuation visit (we live in the house we want to buy), nothing, i made further contact, then was visted again, this time i was informed the mortgage would be with northern rock, more forms and the threat of a valuation visit, which of course did not occur, following more contact from myself, finally last september i was informed that this particular company would not be able to obtain a mortgage for me and that i would recieve a full refund.
i have made phone calls, faxes and letters to no avail, i sent a letter by registered post a fortnight ago with copies of their paperwork stipulating a refund, the advisor telephoned me and told me i will get our refund but it takes time,
i have since been dealing with an advisor recommended by our solicitor and within two month are nearing completion.
clearly the original mortgage company stalled for time throughout and did very little, i think i will have to fight to get this deposit back, which i fully intend to do, so please how do i get our deposit back, any suggestions please

Thrugelmir

Submit a claim through the County Court.

danielanthony

Small claims court?

dunstonh

I would make a formal complaint. This has to be handled under the FSA complaints process (which is free for you). They have 8 weeks to resolve it. They can ask fro an extension but at 8 weeks you have the right to go to the FOS. If you go to the FOS, that will cost them £500 (even if the FOS rule against you). So, it would be common sense for them to pay up within that 8 week period to avoid both a £500 charge and a £795 refund.

DevCoder

Go through their complaints procedure

Letter before action (LBA)

Then go through MCOL

holly_hobby

dunstonh wrote: »

If you go to the FOS, that will cost them £500 (even if the FOS rule against you). So, it would be common sense for them to pay up within that 8 week period to avoid both a £500 charge and a £795 refund.

Not necessarily, the £500 case fee is only chargeable to the Firm once they have exhausted their annual fee free case quota (with additional criteria for PPI cases), and only then if it goes to a caseworker - so unfortunatley this may not be a motivation for them at the moment.

OP they haven't deined the owe you, but are rather dragging their heels, perhaps a formal complaint advising that you will have no hesitation in escalting the matter, may jog them up a bit. Communicate in writing and send by recorded mail, so that you have a clear audit trail to support your case and that you have been reasonable in the matter, without success.

Hope this helps

Holly