How Bad Was My Attempt In Approaching...
Family & Relationships4 mins ago
Home I formation Pack Reimursement
3 Answers
I commenced the process to begin marketing a property for sale at the beginning of May 2010, I paid in full up front for a Home Information Pack (HIP), minus Energy Performance Certificate (EPC) as I already have one. By the 18th of May the HIP had only been ordered, it had not been produced. My cheque also cleared my bank account on the 18th.
On the 20th of May, the government announced the suspension of HIPs, in fact they scrapped them completely, with the exception of EPCs.
Due to the short time-span I contacted the estate agent to enquire after a refund to be told they would only reduce their selling fees by £100.00 as their way of compensation. I then asked for evidence of how much work had been done towards producing the HIP to be told they didn't have access to the information because it was held by a company external to the estate agent. They also said I should contact the external company direct to ask them for a refund.
I pointed out to the estate agent that my contract is with them and not the external company; and that it is they who should make the refund; and that THEY should seek a refund from the external company.
I have paid for goods and services in full and received nothing...
I am now considering pursuing the matter via the small claims court, but would like to know exactly what my rights are first. I have done some research, but it is limited at this stage.
On the 20th of May, the government announced the suspension of HIPs, in fact they scrapped them completely, with the exception of EPCs.
Due to the short time-span I contacted the estate agent to enquire after a refund to be told they would only reduce their selling fees by £100.00 as their way of compensation. I then asked for evidence of how much work had been done towards producing the HIP to be told they didn't have access to the information because it was held by a company external to the estate agent. They also said I should contact the external company direct to ask them for a refund.
I pointed out to the estate agent that my contract is with them and not the external company; and that it is they who should make the refund; and that THEY should seek a refund from the external company.
I have paid for goods and services in full and received nothing...
I am now considering pursuing the matter via the small claims court, but would like to know exactly what my rights are first. I have done some research, but it is limited at this stage.
Answers
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I don't think AB is dyslexic: you just missed a couple of letters that's all.
I don't think they are obliged to give you any refund. They will probably argue that they have set up a file of paperwork and have paid for various searches. But I don't they need to justify the size of the refund. Having said that, it's worth reading teh contract terms to se if this situation was covered.
There are some sites on the web that explain arrangements.
e.g. http://www.do-i-need-a-hip.com/hip-refund
Some provide partial refunds on HIPS ordered with conveyancing but not on standalone HIPS ordered before 19th May.
I don't think they are obliged to give you any refund. They will probably argue that they have set up a file of paperwork and have paid for various searches. But I don't they need to justify the size of the refund. Having said that, it's worth reading teh contract terms to se if this situation was covered.
There are some sites on the web that explain arrangements.
e.g. http://www.do-i-need-a-hip.com/hip-refund
Some provide partial refunds on HIPS ordered with conveyancing but not on standalone HIPS ordered before 19th May.
You ordered a HIP. You paid for a HIP. You entered a contract for a HIP to be be provided. The change in legislation does not affect this.
You have a choice, accept the agents £100 discount or insist the HIP is produced for you.
I am suprised you ordered the HIP - their abolition was widely forecast.
You have a choice, accept the agents £100 discount or insist the HIP is produced for you.
I am suprised you ordered the HIP - their abolition was widely forecast.
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