contract law

[anuvid]

I was offered a survey as part of my mortgage application with a UK bank, and when it came to signing the paperwork in order to obtain the mortgage offer no terms and conditions were given to me or read out, other than the fact that the £995 arrangement fee for the mortgage and the £ 810 survey fee would become non refundable once the lady at the bank hit 'send'. I agreed. The survey was done but what came through to us did not match the description of the survey the banmk sold me. They sold me a full structural survey, but the survey I got was more aligned to the basic survey - they didn't take a ladder or look under floor coverings or inspect a major the loft space etc. When I complained to the bank they informed me that the contract was between myself and the survey company. I was sent terms and conditions from the survey company AFTER the bank took my money and declared it non-refundable and I was told that if I didn't sign the terms and conditions I would not get me £ 810 survey. So I felt somewhat coerced. My question is twofold. Firstly, how can the bank deny any responsibility for the quality of the service if I feel the service was misdescribed ? Secondly how can they declare the payment as non-refundable and then provide terms and conditions after the event ?

[Ankou]

how can you pay for something before knowing the details of what you are paying for ? is this not a classic case of caveat emptor ?

have you contacted the survey company ?

"They sold me a full structural survey, but the survey I got was more aligned to the basic survey" - how do you know this?

you could try the rics for advice on the survey.

http://www.rics.org/

[buildersmate]

So give us a clue what "the description of the survey the bank sold me" (your words) said. Then we can tell you whether you have been sold a pup or not.

[1PrincessPink]

My view is that the bank made this survey a condition precedent of the mortgage contract. Further, the description of the survey as a "full structural survey" was an oral condition of the contract. It would help if you had a witness to the conversation. The bank may be jointly liable with the surveyor for the breach of contract. Although I am a lawyer, I advise you to obtain independent legal advice and ask your solicitor to write a "letter before action" to the bank. This will hopefully get you the compensation you require.

[anuvid]

Thanks for taking time to reply. I have since posting my question I have spoken (in writing) with the bank, the survey company and the financial Ombudsman., The bank offered £ 250 to settle with no admission of guilt. I declined. The survey company says it provided a survey as per its own terms and conditions. At first the Ombudsman said it couldn't intervene because a survey isn't a banking product. However I have now emailed all three and told them they have 5 days to settle after which I intend to summons them. As far as I am concerned I have a single line item in my contract with the bank for £ 810 against which is written full structural survey. The bank's own website still describes what a full structural survey is, as per my understanding. The bank's insistance that I signed the terms and conditions of the survey company is in my view irrelevant. I paid the bank for the survey. The bank chose to brief a panel who in turn nominated a member and briefed the survey company. I have no way of knowing if the panel or survey companies received the correct brief, and therefore no way of knowing if what the survey company produced is what they were asked for. My contract for the full structural survey was with Natwest. That's my final position. I hope that all these bigwigs and their solicitors don't make mincemeat of me. Again. Thanks for your input.

[anuvid]

Buildersmate, the description on the bank's website is detailed below. So when I have to sign a terms of engagement with the survey company saying they will only survey what they can see from the ground, and listing various other exemptions I'm not happy. But most of all I'm not happy that the bank don't feel the need to justify their margin, and think it's my job to deal with a third party. If you bought sour milk from Sainsbury would you expect to have to phone the cow ?

Standard Valuation Report;
This is a general overview of the property. The valuer will enter the property but will not access roof spaces, lift carpets etc.
Buyers Report
This is a more detailed assessment of the property. The valuer will carry out a more extensive survey of the property commenting on the state of repair and conditions
Full Structural Survey
This is an in-depth assessment of the property. The valuer will in these instances look at every aspect of the property commenting on the state of repair and condition and report accordingly