Andy,(posted 7673 days ago)Personally, I would SARN them first and then if they don't produce the required docs after the 40 day period then report them to the IC. Notwithstanding this many lenders won't produce the documentation requested until they are forcd to do so, for example under "Discovery", when they suddenly find them as if by magic. I wouldn't advise anyone to rely on non production of docs as a defence. The following definition is from a legal dictionary:
Without prejudice A statements set onto a written document which qualifies the signatory as exempted from it's content to the extent that they may be interpreted as containing admissions or other interpretations which could later be used against the person signing; or as otherwise affecting any legal rights of the person signing. A lawyer will often send a letter "without prejudice" in case the letter makes admissions which could later prove inconvenient to the client.
I don't think the "Without Prejudice" would prevent letters from being read out in court, but I'll check. Indeed, I know some barristers say this wording should not be relied upon, I think it is more important to always make clear you dispute the claim.
Mark.