SARN receivedgreenspun.com : LUSENET : Repossession : One Thread
I have received the requested SARN, but I only got 4 A4 pages of documented abbreviated letters which I have sent and have received, I know all this already, surely, they hold more data than this on me, they are refusing to send me a copy of the MIG policy and are now threating to go legal and apply for attachment of earnings. Am I entitled to more info that this documented letters received and sent to me and this MIG policy? What other documents should I request? They also say that if I require this SARN from my original lender I would have to write to them direct, will this cost me another £10 ? For the information I have received so far for my tenner it was not worth it. Please help me with what I should do, I feel as though I am getting nowhere fast as they are refusing to accept my offer as full and final until I fill in the I & E forms which throughout these pages I am told not to do.
Thanks again in advance
-- Jessie (firstname.lastname@example.org), January 04, 2002
Right, they have clearly broken the law by not supplying you with all information in response to your SARN request. You can call the Infoirmation Commissioner consumer help line on 01625-545700 and they can advise you on this.
I am assuming that you served a SARN on your lender. It may be worth also serving a SARN on their agents such as the solicitors that are acting for them. It does of course cost you £10 a time.
My totally unqualified advice to you is to;
1, Write a letter to the Information Commissioner formally asking for an assessment under the DPA concerning the non-supply of all data in response to your SARN. You must send them a copy of the SARN data supplied to you. And you must state what you expected.
The IC will take about two to three months to issue their assessment on this.
2, Copy the assessment request letter to the IC, to your lender. And state that you are now waituing for the IC decision on your assessment request before you can even consider completing their I&E form. (Delaying tatics work both ways) State that you do not wish to enter into any further communications at all pending the IC decision.
Practice relaxation techniques for the next three months while the IC rule on your assessment request.
Return all letters from your lender with a copy of the letter stating that you are waiting for the IC decision. (You might want to consult a solicitor or the CAB about this approach but that's what I would personally do)
If the IC issue a final assessment that confirms that your rights under the DPA have been violated, and if you have suffered stress as a result of these violations, it might be worth confirming this with your doctor, then you are fully entitled to compensation under the DPA. In fact, the DPA is the only UK law that states that you are entitled to compensation.
You MUST talk to a solicitor who is knowlegable about the DPA and who does not perform any house purchasing activities. Otherwise, in my experiance, the solicitor will not give you the very best advice about your right to compensation under the DPA.
DPA comepensation cases are going to be heard this year (2002) in the County Courts and the High Court. Once these cases have been completed then we will have a measure of what compensation awards are available for DPA violations. This is going to be a very unpleasent suprise for companies that have violated the DPA.
If you have problems connecting to a suitable solicitor then email me and I can advise of one solicitor who is already dealing with a number of DPA cases. This is not a recomendation to use his services and you must decide on his suitability to handle your case.
-- anon (email@example.com), January 04, 2002.