New Build Reservation Fee Refund

Kiranbg

I have a situation where my purchase fell through on 30 September as the developer took so long (3/4 months) to get a one final particular planning discharge registered with the local planning department on their portal.  My solicitor kept chasing with the seller's (developer) solicitor who kept providing the wrong planning permission details.  I had to intervene and email the developer as my solicitor was not able to as they are third party.  The developer told me that my solicitor was being awkward and that the architect approved and was okay.  My solicitor stressed that she cannot take on board what the architect is saying and since it is a new building under ten years that it is required to have the planning discharged registered.  My solicitor told me that I could go ahead if I signed a "disclaimer" which would mean that if any issues arise when I sell, I would be liable for costs incurred to get this sorted.
 
At the end by the time the developer came back, my mortgage offer had to be extended another however the interest rate increased and that meant that the affordability criteria changed therefore the lender said I could now not afford the purchase therefore declined the offer and withdrew it.
I informed my solicitor, and she informed the seller's solicitor and requested to refund the registration fee minus admin fee but the buyers solicitor said that they do not hold the funds and continued to ignore my solicitor's emails.  I contacted the estate agent who marketed it and they said they had asked the developer to refund but to no avail.  I spoke to the estate agent again 10 days ago and he said he would talk to the developer, but I have not heard back from the estate agent.  I have emailed to ask for an update but again no response.

I could understand if I had pulled out, but I didn't.  All the evidence I have of the emails between my solicitor and the seller's solicitor.  Do I have a case to get my registration fee back as I cannot find the right Ombudsman that covers reservation fees on new builds.  I also emailed the developer directly on 28 October and requested that we resolve this amicably, if not I would be exploring through the small claims court or Ombudsman but no reply so far.   I paid the reservation fee £1,500 before I assigned the solicitor which means she cannot deal with it any further.  below the terms and conditions.