My surveyors have gone into receivership

tweek_2

Hi,

A few months ago I bought my first property. I had a full survey done at the time. This showed no significant problems so the purchase went through at near to the price originally offered.

However, since then, it appears that the survey missed a widespread damp problem (costing up to £5k to put right). I have since been in written correspondence with the survey company. They have refused to pay any compensation whatsoever, claiming that they "can't be expected to spot everything". I don't understand how they can miss the fact that there is damp in *every* room in the property.

I was pretty confident that I could receive at least some compensation from the company. There are several glaring errors in the survey that make you wonder whether they actually visited the property! For example, they say it is detached, when it is in fact terraced; their description of the bathroom and the roof are also hopelessly wrong.

I was going to take them to small claims court this week but I've found out that they have gone into receivership. What shall I do? I originally paid with a credit card, so can I make a charge-back? At least this will give me the original £500 I paid for the survey back...

Any money towards the work will be good as I currently cannot afford it. The damp really smells and I am worried about the health implications.

Thanks in advance!

silvercar

The surveyors should have had professional insurance, who would handle your claim. Try and find out who they are.

MissMoneypenny

Does this help?

"Tips for consumers on credit card purchases:

• the consumer protection afforded by section 75 allows for the possibility of money that seemed lost on a credit card purchase being claimed back
• if you pay by credit card you can claim your money back from the credit card company if the seller fails to honour the contract, or the item is faulty or if the seller wrongly describes it or if the supplier goes out of business
• you do not have to attempt to claim your money back from the seller first - the credit card company is individually liable
• if you are buying an item costing over £100 and you are asked for a deposit, consider paying the deposit by credit card
• you are not covered by section 75 if you use a debit or charge card
• if using your credit card abroad, you will need to work out whether the purchase price amounts to more than the sterling equivalent of £100 and less than £30,000."

http://www.oft.gov.uk/news/press/2007/149-07

marybishop

Silvercar is right - they should have run-off insurance. If they're RICS members it might be worth a call to the RICS to see if they can be of any help.

It's not Habitus by any chance is it?

tweek_2

marybishop wrote: »

Silvercar is right - they should have run-off insurance. If they're RICS members it might be worth a call to the RICS to see if they can be of any help.

It's not Habitus by any chance is it?

It is Habitus...

Thanks for your help guys, but do I have to put in a small claim in first (and win) before making a claim?

Rover

Small claim? Don't think that would be appropriate for a liquidated plantiff.
I think the RICS reference is an avenue to enquire who insured habitus and their insurers may foot (a portion of) the claim.
RICS should be able to offer help and advice.

Kaz2904

If you find yourself struggling, get your credit card company onto it too.They have to get involved if you are only going to get your survey fees back. Good luck.

silvercar

The credit company will say that you have had a survey so you have received what you paid for. Without an admission of fault from the surveyor or RICS agreeing the survey was wrong or a court ruling in your favour, I can't see the credit card company admitting any joint liability.

marybishop

This is what they state on their website - 'Habitus surveyors, who are all members (MRICS) and Fellows (FRICS) of RICS provide three types of survey which are specifically designed to help homebuyers. Importantly all our Surveyors are local to the property, are members of RICS (Royal Institution of Chartered Surveyors) and carry £10 million professional indemnity cover.'

Interestingly there's no mention on their website that they're in receivership.

I would definitely put a call in to the RICS if only to complain about that!!

Pinklady_3

tweek wrote: »

Hi,



There are several glaring errors in the survey that make you wonder whether they actually visited the property! For example, they say it is detached, when it is in fact terraced; their description of the bathroom and the roof are also hopelessly wrong.

Don't take this the wrong way, I don't want to cause any offence but didn't you notice this at the time when you received the results of the survey?

marybishop

Pinklady - I wondered that too!