Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1406 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all, is there anyone else on here that has had major problems because of building surveyors missing problems on a survey? I would be particularly interested in hearing from anyone who has dealt with esurv. I have posted in a separate thread yesterday but thought I would throw this to the floor and see if anyone else has had problems?

Share this post


Link to post
Share on other sites

Well no takers? OK, I am sure a MOD with move this to a different forum if there is one on surveyors etc, I couldn't find one though.

 

Basically I wanted to warn people on here about the possible issues that could arise from having a survey done.

 

I bought a property last May. Prior to buying it I had a full HomeBuyers Survey done by esurv. Esurv have a contract with Santander (my mortgage provider) so Santander strongly recommended that I use esurv.

 

I paid extra to have a full homebuyers report done. Mainly because, like most normal people, I couldn't afford to buy a house then later find out it needed thousands spent on it.

 

The Homebuyers report highlighted a couple of issues, nothing major that couldn't be dealt with. Having been satisfied that the house was OK I went ahead with the purchase and moved in. After a couple of weeks unpacking I went to store some boxes up in the loft.

 

I couldn't believe what I saw. All of the roof supports in the loft had been cut away, I assume to make more space in the loft. The roof was sagging, roof supports was cracking and snapping under the weight of the roof. The purlings (the horizontal supports that support the vertical roof supports) had failed and were drooping. Basically the whole roof looked ready to collapse.

 

I phoned my brother, as he knows a lot of builders, and within a couple of hours I had a roofer in the loft looking at the problem. He advised me to instruct a structural engineer and to move out asap as the whole roof could collapse into the house at anytime.

 

I contacted esurv. They sent out an area manager who had a look and told me it wasn't a huge problem and could be fixed easily.

 

The structural engineer visited, looked in the loft and agreed with the roofer. It was unsafe and ready to collapse.

 

Despite following up with esurv they kept fobbing me off, saying they were assigning a "case manager" to look into it and he would be in touch in the next couple of weeks. All this time I couldn't live in the property.

 

Esurv basically admitted that they were at fault but were adamant that it was a small fix and would only need some bit of wood putting in to support the roof. The structural engineers report stated that the roof had shifted and could now only be held by introducing a steel frame and trench jacks as a temporary fix, with a permanent fix being a removal of the roof covering and a full steel frame being built to support what was remaining of the roof structure.

 

Thats when I hit a wall. I was getting nowhere and so threatened legal action. Esurv recommended that I refer the case to the Ombudsman (Property). What a huge mistake! Its been with them months. Esurv don't bother answering any questions from the Omb and so timelines have just dragged and dragged. The Omb issued a finding last month saying that Esurv were at fault and should pay for repairs to the roof, and other problems that they had missed.

 

This is where it gets really really silly. My roof is around 30 yrs old. It should have a lifespan of around 80yrs, give or take a few. the Ombudsman has reduced the amount awarded to less that 50% based on the principle of "betterment". Basically, because I will end up with a roof that has a lifespan of 80yrs, rather than 50 yrs, I am in a "better" position and so the award has been reduced accordingly. I didn't want a better roof and I didn't want to replace it for decades to come. The amount awarded doesn't cover the costs required to fix the problems, but the Omb has just made an assumption that I am in the position to pay thousands towards the cost of repair.

 

I have also complained to Santander. It probably won't get me anywhere but I hold them at least partially responsible for recommending a surveying company and telling me that they would do a good job. Santander seemed more concerned that it is now obvious that my house was overvalued, as if the roof problem was reported in the survey the property valuation would have been reduced by up to £25k. They now effectively have loaned me money against a property that isn't worth what esurv said it was and that has a roof held up with jacks.

 

I have set up a website, about eserv.which shows photos of the problems. I know I will get people telling me that I shouldn't set up a website but I am absolutely furious and determined to have this issue thrown into the public forum. People deserve to know that getting a survey won't necessarily prevent you from buying a house that could potentially collapse and kill you, and getting any kind of justice is going to be slow and painful.

 

My only other choice now is to take this matter through the courts. In the meantime my roof is held up with jacks!!!

 

Please visit my website about eserv and please pass on words of caution to anyone you know who may be buying a property or getting a survey done!

Share this post


Link to post
Share on other sites

Bit of an update... I am pleased to report that my outstanding concerns have now been fully addressed by e.surv. I am satisfied with the manner in which they have resolved my complaint and regard the issue as closed.

Share this post


Link to post
Share on other sites
Bit of an update... I am pleased to report that my outstanding concerns have now been fully addressed by e.surv. I am satisfied with the manner in which they have resolved my complaint and regard the issue as closed.

 

Thank you for letting us know.

 

My best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
Hi all, is there anyone else on here that has had major problems because of building surveyors missing problems on a survey? I would be particularly interested in hearing from anyone who has dealt with esurv. I have posted in a separate thread yesterday but thought I would throw this to the floor and see if anyone else has had problems?

 

Wow I can not believe that you are also having problems with this company and I am about to got to the ombudsman regarding my problem with the company as well as reporting them to Surveyors & Valuers Professional Negligence to see if I can get anywhere with it

Share this post


Link to post
Share on other sites

I too have a problem with UK Home buyers and esuv the company conducted a building survey for me through Uk Home Buyers and never gave me a copy of the report I have tried to obtain a copy and they are reluctant to give it to me, i too have major structural damages to my property and bought on their report they are now trying to pass the blame on to some one else when they are at fault I suggest that anyone dealing with this company as to regards of a survey should think twice as you will be royally done over.

Share this post


Link to post
Share on other sites

Hi stedfordb

 

This is a message direct from e.surv. If you have paid e.surv for a report directly then you would be entitled to a copy in normal circumstances- so we'd like to understand more about this matter. If you contact our Customer Care Team direct on 01536 534000, we will do all we can to help you

 

esurv.

Share this post


Link to post
Share on other sites

I love the way this company now states that I am entitled to a copy of the report,when I have been chasing it for years and after contacting them at least three times this month, I am told that no funds were passed over by UK Home buyers for this survey.

I have researched all companies connected to UK Home Buyers(now ceased Trading) from beginning to completion of buying property, on both this and other websites such as (Legal b eagl es), and found that not many consumers have anything great to say about them.

It seems to insinuate that all involved are just keen for commission, and once obtained there is no regards for the consumer who is the only one to suffer a lost.

By this I refer to (higher rate lending, Over valued properties, bad advice from Financial advisers and PPI's which seem to be useless) are just in the game for the commission, and you the consumer will bare the cost of what could become a toxic debt to your self.

Share this post


Link to post
Share on other sites

Currently waiting for a phone call for a esurv manager.

Hopefully he can explain why I was told yesterday that my survey had been done and there weren't any problem yet I was called by the sellers estates agents this morning and they informed me that the survey never even happened and that esurv were trying to book it for next Tuesday!

This is after a delay of a week already because they are short staffed had people on holiday. If it wasn't for the estate agent I'd have been none the wiser. I would probably have been told that the report was being typed up and it can take a week or two before it is ready. :roll:

 

I wish I had gotten our own surveyor rather than taking Barclays/Woolwich advise and using theirs because it would be "easier/faster". Personally I'd never use them again and thankfully as this is our last house purchase I'll never have to.

Share this post


Link to post
Share on other sites

Wow why am I not surprised yet an other unhappy customer, yet the company seems happy to take clients money and bump up commissions fees with no idea about customer satisfaction.

Word of warming this is a company that if you chose to deal with, I must stress you have to firmly keep your eye on the ball as all estate agents and surveyors seem to be linked check out a company called LSL Proprieties which will show you which of those companies are under the same umbrella.

You maybe surprised who is working with whom on the property market.

Sted

Share this post


Link to post
Share on other sites

A manager called as promised. This was after I phoned Barclays to tell them they could stick their mortgage if I didn't have a satisfactory response by the end of the day. They in turn called esurv.

 

This lady was very apologetic and said she managed to bring the appointment forward to Monday. This wasn't really good enough from my point of view so she agreed to split the survey into two parts.

So the valuation is now being done tomorrow morning and the full survey is being done Monday. This was the best she could do. To be fair she did sound genuine and was very annoyed about what had happened so far.

 

We shall see if they are as good as their word this time round. To anybody else using or thinking of using esurv, make sure you double check everything yourself, as in appointments being kept etc.

 

I'll check out LSL Properties, thanks.

 

Also, (and this is true for any corporation imho), state that you recording the telephone call and that you are legally required to inform them of that fact, then ask them to repeat their name and title. You'll be amazed how much more efficient people become.

Share this post


Link to post
Share on other sites

Today I had a meeting with Trafford Council regarding the dispute I have had with esurv regarding the structural survey of my property, which they had not done, but sent me a letter claiming they had received information from Trafford Housing Trust, claiming they had confirmation my property had been under pinned in 1989.

I sat down to on hour meeting with Trafford Council be told that the they could find no trace of paper work to verify that this had been done in 1989 as esurv claimed they were notified.

there words "(Esurv)I am sure Trafford would have used a repeatable Surveyor, and there was no danger to the structure" based on this report I purchased my home in 2005 now I have been informed by Trafford that they did not pass any such document to the esurv surveyor, whom I called out twice to confirm that I would have nothing to worry about.

Esurv have asked me to contact them direct which I have been doing for the past three or four years only to receive excuse after excuse as to why they do not have documentation backing up their claim and any documentation they do have, will not be accessible to me.

 

Any one else had trouble with this cowboy?:-(

Share this post


Link to post
Share on other sites

If anyone is interested or requires any help with survey issues please do not hesitate to contact me.

 

I have worked as a Surveyor and previously as head of complaints against surveyors for one of the largest mortgage lenders in the UK.

 

For your information LSL are the holding company and eserv is part of them. Woolwich is the mortgage brand name for Barclays. They had their own surveyors "Ekins" which they sold to LSL - esurv. All barclays Valuations are carried out by esurv or passed to one of the sub contractors, this depends on your postcode). The previous director (well thats the title he gave himself) at Ekins and now at eserv was Richard "dickie" Deeprose. The girl who looks after Professional Negligence matters is Melanie Draper who is based in their Hinckley call centre. The problem with Ms Draper is the fact she has never worked as a surveyor and is just a spokesperson for the Directors.

Although all your valuations and survey reports are for you they are likely to have been commissioned through a lender. I suggest all complainst go to the lender. If anyone has any issues please contact me via this website and I will give free advice. Do not let the likes of Esurv get away with anything.

 

 

 

A manager called as promised. This was after I phoned Barclays to tell them they could stick their mortgage if I didn't have a satisfactory response by the end of the day. They in turn called esurv.

 

This lady was very apologetic and said she managed to bring the appointment forward to Monday. This wasn't really good enough from my point of view so she agreed to split the survey into two parts.

So the valuation is now being done tomorrow morning and the full survey is being done Monday. This was the best she could do. To be fair she did sound genuine and was very annoyed about what had happened so far.

 

We shall see if they are as good as their word this time round. To anybody else using or thinking of using esurv, make sure you double check everything yourself, as in appointments being kept etc.

 

I'll check out LSL Properties, thanks.

 

Also, (and this is true for any corporation imho), state that you recording the telephone call and that you are legally required to inform them of that fact, then ask them to repeat their name and title. You'll be amazed how much more efficient people become.

Share this post


Link to post
Share on other sites

In my opinion when the Surveyor attended the property he may have seen tell tale signs that the property was underpinned or the estate agent told him. Alternatively the previous occupier may have given him information. If you are not happy ask esurv to supply you will a full copy of the site notes that the surveyor completed on the day he carried out the original inspection. You can ask that these are disclosed. If they fail to do so, then go to your lender and the RICS complaints department. If you know the surveyors name you could call him direct.

Call up Melanie Draper at esurv, although she is a spokesperson for the Directors she may well help you out.

Share this post


Link to post
Share on other sites

Hi Tudor

I have had a meeting with Trafford Housing Trust who sold the property and asked to see copies of the documents which they gave to Esurv, they informed me that they had no record of the underpinning on file.

I have written to Esurv who say in writing, this is where the information was obtained, I have also written to Esurv with that name of the surveyors.

The thing is I paid for the services of a Mr Thomas Hughes who worked for UK Home Buyers also known as Secured Loans and paid £2,500 for him to conduct my affairs as a financial advisor.

I was informed by Mr Hughes that the documents would be sent through the post as I was not able to obtain them from UL Home buyers. Esurv claim that they do not have a copy of the report on file, and the information they sent to Kensington I already have.

I know that this mortgage should have been rejected but was allowed to slip through, and even though I paid £4,500 out right in full for a PPI I can not make a claim as UK Home buyers/Secured Loans have gone into liquidation.

So I have to deal with the FSCS on the matter, there is no evidence that the property has been under pinned but there has been four which have had the action taken however this property is not one of them.

Stedfordb:mad2:

Share this post


Link to post
Share on other sites

Hi Stedford,

When you had the loan for the mortgage you would have needed a valuation report as a minimum. This is required to process the loan. I assume your mortgage advisor arranged the loan through UK home Buyers who placed it with Kensington. In the circumstances esurv would have carried out the valuation as a minimum. They must retain all documents for a minimum of 7 years and based on statutory duty more. They are required by law to do this and also by their professional indemnity insurers and by the RICS. Write to eserv again and also kensington. Also ask why no records as they are obliged by law. See my earlier note for contacts.

Share this post


Link to post
Share on other sites

Hi Tudor,

Thank you for your reply I have manage to get a copy of a report of some sort and letters from Esurv I also wrote to Kensington and informed them that they should not have approved the loan, but they seem to be interested in charging me fro all correspondence and proving nothing of use they have me in the bag so are not bothered.

can i give you an email address which I have so I can send you copies of what I have received or if you could give me your website address to contact you on as I do not want to put my main details on this site.

Esurv are currently passing the blame on and have asked that I contact them direct since posting here, but I have been fighting this for seven years now and am currently on an IVA with the outcome of the sale of my property to pay creditors.

If I could have used the PPI's I paid for and I did cover all my debts in full, the outcome due to negligence on my part I will be losing my home.

Share this post


Link to post
Share on other sites

Tudor - please can you get in touch with me re this firm and' Dickie '. Snagger

Share this post


Link to post
Share on other sites
Tudor - please can you get in touch with me re this firm and' Dickie '. Snagger

 

Hello and welcome to CAG.

 

Advice by PM isn't recommended here, we like to see problems discussed on thread. If you have a question, please post it up without personal details.

 

My best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Hello

In reply to Fuzzymutt - yes, we too have got problems because of esurv. It sounds like we have a very similar case: esurv completely missed the fact that the roof structure on our victorian terraced house was failing.

 

It has cost us dearly to put it right (tens of thousands), and we have been without use of the house for several months. Without outside financial help, the house would have had to be sold, at a significant loss. Thankfully, we found a brilliant builder, who did a great job.

 

We have had a professional diminution valuation survey done, and e-surv have offered less than 25% of that amount. We are not giving up, and are filling in the court papers to take them to court for the full amount.

 

If there is anyone else out there intending to use e-surv, my advice is simply this: DON'T.

Share this post


Link to post
Share on other sites

why have i just found out about these problems with esurv. i have managed to get the report done on my house that someone else had done and i have just spoken to a chartered surveyor who has said he will do another one because he doesn't believe the survey is correct. it will cost me five hundred pound and already have had two buyers pull out over this which equates to a thousand so far. with moving costs as they are anyway i know my costs are nowhere near anyone else's but i believe that all jobs should be treated with the customers interests at the forefront not a surveyor that walks around a property complaining that he has three or four home-buyers reports to do a day and i have already been told that the maximum amount of home-buyers reports they should be doing is two so they can be done properly. if anyone has any idea how to complain to this company as they have already cost me enough and i am sure there are enough people that they have cost lots more. sorry about the rant but if i didn't do my job correctly i would be deemed a cowboy. maybe they should be using horses instead of cars to travel from site to site

Share this post


Link to post
Share on other sites

Esurv, seem to find all sorts of excuses not to own up to what they havedone, wouldn’t be surprised if they get a back hander as most lenders use themas part of the group.

And if you do complain all you seem to get is a brick wall, which they allstand behind throwing yet more lies your way, with me they tried to get me tocontact them directly which I reported.

But claim they did not do a full structural survey as my financial adviserwho is not bankrupt did not pay for how convenient

Share this post


Link to post
Share on other sites
Hi all, is there anyone else on here that has had major problems because of building surveyors missing problems on a survey? I would be particularly interested in hearing from anyone who has dealt with esurv. I have posted in a separate thread yesterday but thought I would throw this to the floor and see if anyone else has had problems?

 

Hi yes having huge problems with e.surv right now same problem as everyone else truly shocking. They make

Huge mistakes on our survey report missed essential repairs of over 15k and don't even let the mortgage company know.

Same old same old admit they've made the mistake but don't want to pay for the full cost of repairs try anything to wriggle out of it . My young family's health is even being affected by the damp conditions missed by their surveyor they so far are not interested cant get replys from lsl holding company either. Truly shocked by their attitude so far but will keep you all posted !

not

Share this post


Link to post
Share on other sites

e.surv has a published complaints policy for matters of this nature and generally, if an error has occured, we will seek to offer redress in line with the diminution of value of the property. In the rare event that we cannot reach agreement with the customer, the business subscribes the the Ombudsman Service: Property - an independent body whose decisions we have agreed to by bound by. We actively encourage anybody who is not satisfied with the outcome to contact this body.

Share this post


Link to post
Share on other sites

http://www.rics.org/uk/

 

Does this company belong to the Royal Institute of Chartered Surveyors ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...