Holding out for SARN info!greenspun.com : LUSENET : Repossession : One Thread
I am returning to this site after a couple of months away. During this time I have had a few corresspondance from Addleshaw Booth and Co,acting for Halifax plc for a shortfall claim. Despite requesting the SARN information several times and including payment for the trouble, they have failed to act on it and are now claiming me to have an un-coperative nature. Further to this they now threaten legal proceedings. I intend to await my requested information but would appreciate any further advice in the mean time.
-- James Sullivan (firstname.lastname@example.org), February 01, 2002
On this site go to - Repossession;Do's & Don'ts - " After they contact you and demand money" - No3. I'm sure you'll find that useful. From what you say it is the Lender & its lawyers who are being unco- operative, not you. However THEY are in the wrong amd MUST comply with your request for data details. Good luck James.
-- Joy Harker (email@example.com), February 01, 2002.
If you believe that they have not supplied you with all data in response to your SARN then send a letter to the Information Commissioner formally requesting an assessment.
The IC web site has a prototype assessment form which you can download if you wish. Using the prototype form ensures that you don't miss out contact details etc..
The IC should reply to your assessment request with a reference number within a week. I would suggest that you send a copy of the IC reference number letter to the solicitors and Halifax stating that you have made an assessment request under the DPA, and until they supply ALL data matters can't proceed further. (But I am not a solicitor so you may wish to confirm this approach with somebody else)
You must supply copies of your letters to the IC with your assessment request letter, letters to the solicitor and Halifax asking for all data, and copies of all their letters to you in response. You need to prove to the IC why you feel that you have not been provided with full details. The more proof, the better.
There is no charge for this by the IC.
The IC is currently running with a processing delay of 8 to 10 weeks for assessment requests. Since the change to the DPA they have been swamped with such requests.
You can telephone the IC and ask for the consumer help desk to discuss your assessment request on 01625-545700. The IC is very helpful, but they are also very busy and at times you are placed on a very long hold waiting to speak to somebody.
-- anon (firstname.lastname@example.org), February 02, 2002.
Sounds like you are geting to them. Keep being persistant, and polite with your questions. I would also ask them directly, why your request to exercise your legal rights has been met with such a negative response.
-- (email@example.com), February 02, 2002.
James, just to let you know you are not the only one having trouble extracting information with regards to SARN out of Addleshaw Booth, I am having the same problem. The are acting on behalf on Yorkshire Building Society in my case. When I sent my original requested SARN dated end of December they sent me a breakdown of all letters sent to me - it was a total of two pages ! This is all I received. I wrote to them and explained that I wasn't happy, they replied and sent a copy of every letter I have ever sent them and what they have sent me. My last letter dated beginning of January I stated that this was the third and final request, if I wasn't happy with response this time I was going to contact the IC without further notice and return all their letters unopened whilst we were awaiting the IC's decision, so far heard nothing at all, they were originally replying to my correspondance by return of post but now everything has gone dead. Personally, I think they have something to hide and when and if I do receive this requested information I will go through it with a fine tooth comb. I also served a SARN on YBS in December and once again no information. They were threating me with court due to uncooperative nature (think it is their favourite terminology) they have done this for the past 5 years and they haven't carried out their threats so far anyway.
Lets keep fighting them James. Good luck and please send a posting if you manage to acheive anything and likewise in my case.
-- Jessie (firstname.lastname@example.org), February 02, 2002.