Response to SARN and offer of lump sum settlement

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I SARNED Hammond Suddards Edge on Friday, and by return of post, I have received a letter from them that states they hold relevant personal data, details of the debt and details of original mortage and repossession, and correspondence between myself and them. They have asked me which of this information I require, if any, and state that if I feel I am entitled to any other information I should let them know. First of all, am I right to presume that I should reiterate that I wish to see ALL information they hold, rather than detailing the odd bits they have mentioned? And secondly, as they asked if I feel there is more information I should be entitled to, is there anything else they have not mentioned that I should ask to see?

The other thing they mentioned is that Nationwide have agreed a lump sum settlement of 4k, the offer being open for 28 days. As a mum to 3 young kids, youngest 2 yrs old, I do not work, and therefore can not get my hands on that kind of money. Would it be worth my asking them to drop the figure, or should I just let them know I can't afford it? What is the right approach to this?

A bit of background - the property originally cost 40k, and was sold for 13k back in 1994. To be honest, the prices around here at that time were diabolical, and I don't think there is any point pursuing the fact that they may have undersold the property. I held the mortgate with my exhusband, and my current situation is that I live with my boyfriend, and my child from previous marriage, and the 2 children we have together. We are getting married in a few months. I have never mentioned my boyfriends details to the solicitors, as I understand they have no claim on him or his assets.

Could I have some pointers on which way to go now?

Thanks in advance

Jo

-- Jo (jo@sunflowerdesign.co.uk), April 10, 2001

Answers

You should tell them you want *all* information they hold to which you have right of access under current Data Protection law.

Add that you reserve the right to request further information based on the material they supply in response to this SARN or based on subsequent needs.

Add that you reserve the right to exercise your separate disclosure (AKA discovery) rights if they begin legal action against you.

Do not make them an offer. Here's why:

1. the debt is not yet proven to you 2. making an offer could be argued as you admitting to this unproven debt 3. if you haven't got the cash then you shouldn't offer cash you haven't got.

Do read the Repossession sectino of the site thoroughly - there's lots of new material that is relevant to you in there.

Good luck,

Lee

-- Lee (repossession@bigfoot.com), April 10, 2001.


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