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Should I make a claim?

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  • Should I make a claim?

    Me and my partner was in the process of purchasing a house last year. We found a mortgage adviser which we had to pay a fee of 495 for. He mentioned that we got buyers protection with him. He didn't give us any leaflet explaining this he just told us that we was covered if the purchase of the house fell through and got us to sign a document for it. Our sale fell through which meant our purchase fell through. I phoned the mortgage adviser to make a claim he told us not to make a claim and wait to see if we could pick up the purchase at a later date. We did eventually manage to sell our house and go to purchase the same property. Then our sale fell through again and so did our purchase. We again went to make a claim and he told us again to wait a few weeks and see what happens.

    We waited and nothing happened so I emailed our adviser and asked him to make a claim. He called me up and said he had our signed documents in front of him and they are dated December so we had ran out of time to claim. I went home and checked our documents and we signed them in March meaning we could still claim.

    I contacted the company our adviser worked for and filled a complaint about our adviser. Our adviser then took our property off the market with the estatestate agents. The company he worworks for came back and said they was sorry for the mistakes but wasn't going to refund me the 495 we paid them.

    I then requested all the documents they had regarding our mortgage it then came to light that other documents which should be supplied to us we never received.

    I sent this off to the ombudsman and their response was that they could only go on written evidence and as we had been instructed through phone calls and meetings they could not do anything. They also said that the paperwork we should have received was a FCA regulation and they couldn't help with that either.

    I'm now looking into making a claim at the small claims court but I'm not sure if I have any chance of winning or how to go about it.

    A long post I know but could anyone help? Thank you
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