Asking money back from architect

raikky2011

Last November we got in touch with an architect to design us a front extension. We also asked him if he would apply for permission for us and he said yes. We paid him 250 deposit. A couple of weeks later he sent us some rough plans to look through and was happy with what he had done. He asked us if we still wanted to go ahead and we said yes. He then asked for the rest of his fee which was another 250 quid (500 total) plus around 250 which is needed to apply for planning permission. So in total we gave him 750. (250 deposit was in cash 500 bank transfer). We waited and waited and It wasn't until march when i checked the council planning portal that our application was refused. The application was refused one month before i found out. I contacted the architect who eventually got in touch and rang me a couple of weeks later to ask us what we wanted to do. So we scaled down the extension and told him what changes to make. He then asked us if we wanted to appeal so I said yes. This was some time towards end of march. Since then I've heard nothing from him. He wont answer my text, he want answer my phone calls. Eventually one evening i rang him from my phone, then my partners phone, then my phone again but i withheld my number. he answered straight away and i Asked him why he's avoiding me. anyways, after that phone call nothing has changed. Still no appeal and we cannot get in touch with him. I don't even want him to do anymore I'm that annoyed, so we decided to not bother with the extension. I don't know what to do now, i paid him basically up front and all he's done is a rough drawing of the extension we wanted. Have i lost all my money on this? Do i have any right to even a partial refund? and how do i go about it if he's not responding to any of my queries? Thankyou

IvanOpinion

You agreed a price to do drawings (£500) - he did those drawings
You agreed for him to apply for planning permission (£250) - it appears he did this

Your planning permission failed - do you know the reasons why?  Was it just that the extension was too large? 
Did you have an agreement that if it fails then he will do whatever is necessary until he does get permission (included in the price)?
Maybe the appeals process is currently backed up?

The lack of contact is annoying - what did he say when you contacted him?  Do you know why he has stopped talking to you?  Did you have a disagreement?

raikky2011

He hasn't done the final drawings. The first set were just a rough ones for planning permission. He told us after if planning was accepted then he would finalise them in more detail. I accept i paid him to apply and he did that so I'm not arguing that. 

Our planning failed because the council deemed it too excessive and out of touch with the other houses. Our neighbours hosue burnt down and the other neighbours is a tip. Cant have anything looking good on this road. I rang the planning officor who was next to useless. Wouldn't even say what we can have, he just told me to submit a new plan (more cost) and see what they say. 

We had no agreement in writing just verbal. So i cant prove what he said. He said to go for as much as possible and if they reject, we can scale it down. he was quite optimistic on our first meeting. After speaking with the council though it seems they wont allow any front extensions. 

when i last spook to him he asked what we wanted to do. I said anything to get approval, even if it means just a porch on the front. He said he knew people in planning but this didn't help us. I have no idea why he stopped talking to us. We have had no arguments my guess is he's not bothered or he's took on too much work. that's all I can think of.

If contact had been good, i doubt i would even be here asking for advice, but because contact has been little since he took our money, it says to me he doesn't really care.

I paid him to draw up plans and handle the planning process. Even if it was rejected after appeal, I could accept this, but he just isnt bothered at all. 

macman

'Rough ones' would not have been acceptable for planning anyway, you'd need final drawings to submit.
Your LA's policy on front extensions will be a matter of public record on their website , you don't need to employ an architect to tell you that. 
Unless your verbal contract stated otherwise, then there is no refund just because the plans failed to get PP.
However if you think you have a case, send an LBA giving him 2 weeks for a partial refund, then follow up with  small claims. With someone as lazy as this, it's unlikely he'll want it to go to court, so he might offer you something back.
Is this character really a qualified architect, as not many would ask for a cash deposit: I hope you got a receipt?