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This is my first post so apologies if I have it all wrong.
I recently applied to alliance and Leicester for a mortgage over the telephone.
At the time I was in negotiations with Bellway Homes over a part exchange deal and thought that I would get the ball rolling on the mortgage whilst the negotiations went on.
Obviously A&L needed a property address in order to complete the application, so I gave them one of the 2 plot numbers that I was looking at but told them that I was still undecided. They assured me that this was not a problem and that they had many customers who applied for a mortgage whilst still looking for a property.
As part of the fees set-up they told me that I was required to pay up front the survey fee which I did on my credit card and they assured that no survey would be carried out until I contacted them to confirm the plot number.
As it was, the negotiations with the builder fell through so imagine my surprise when a survey report for the plot number I gave them, fell through my letter box.
I contacted A&L who then stated that it was standard procedure when applying over the phone, to carry out the survey immediately on the address given for purchase. I now stand out of pocket for £340 for a survey on a property I never agreed to buy and I have never returned any paperwork back to A&L with my signature on officially applying for the mortgage.
Did you receive any paperwork from your original conversation? Does any of the paperwork show what they will or won't do in relation to the survey?
I think it's fair to suggest that you should be refunded based upon the above, although proving this might be more difficult.
You could ask for a copy of the telephone conversation, if they have it, under the DPA. Perhaps you could also try phoning again as if you were in a similar situation - this time record it yourself - and if they tell you the same thing then you will have something to work with.
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.