Bradford & Bingleygreenspun.com : LUSENET : Repossession : One Thread
Do independent valuations obtained at the time of sale constitute personal data under the data Protection act?
I am having difficulties obtaining the valuation reports etc
-- (email@example.com), September 23, 2002
I'm having the same problem. My lender has told me that this is 3rd party info and I'm not entitled to it. I tried SARNing the lenders lawyer who handled the repossession and they haven't even bothered to reply to my recorded delivery SARN letter. I did find the name of one of the "Valuers" and SARN'd them. Same "no response".
They are so arrogant thinking they can ignore data protection legislation. I'm now lodging a complaint to the Information Commissioner re every smart ass lawyer, estate agent etc,who thinks they can ignore me.
Maybe we should try sending them bills with no supporting evidence to see how they like it!
I know this doesn't answer your question really so I hope some of our cleverer friends on the site might give you more constructive advice.
Hang in there!
-- hanging in there! (Anderston828@aol.com), September 23, 2002.
We are in a shortfall battle with Mortgage Express (Bradford & Bingley under another name). We demanded the valuations, sales particulars etc and received them eventually. I would suggest that you keep pressing them on this as you need this information in order to assess the validity of their ALLEGED shortfall claim.
Best of luck, Mike.
-- Mike (firstname.lastname@example.org), September 23, 2002.
Lisa, I too have found it hard to get SARN's actioned - I've even gone so far as to write to a (collection agency's) director's home address with a veiled threat to call on him to discuss the matter; my case was hastily passed on to another agency; but sadly still no SARN response.
Perhaps you should try a different tack: point out to B&B that whilst you are trying your utmost to resolve the matter out of court, their obstructive behaviour in not supplying all documents is not in accordance with the pre-(court)action protocols they are supposed to follow (and perhaps mention the Woolf report). It might do the trick, since you would be threatening to spoil the illusion B&B would wish to create for a judge that they and their agents have adhered correctly to pre-action protocols. I've had some success with this levarage, and can recall the wonderfully transformed "three-bags-full sir" attitude of a previously difficult collection agent.
I guess I'm saying B&B might be more scared of a judge's ire than of the Information Commissioner.
-- Darius De La Ronde (DARIUSici@aol.com), September 23, 2002.