Lloyds SARN Response to formgreenspun.com : LUSENET : Repossession : One Thread
I have recently served a SARN on Lloyds TSB. They have acknowledged receipt of £10 and said they will make a start on gathering the data, meanwhile they would like me to fill in a form, which they eclosed. This form is very detailed, wanting to know what areas I am interested in and for what reason! I made it quite clear in my letter I wanted ALL information - what do I now do with this form?
Secondly the bank has a charge over my property for business borrowing - how do I find out the details of this, as this was registered for the borrowing of a ltd company - I am now self employed and discharged the debts of the company by taking new loans in my name (also with Lloyds). The date of the charge pre-dates the loans in my personal name by 18 months. I have got the details from the land registry, but it does not specify the nature of the borrowing it covers.
-- Ian (firstname.lastname@example.org), October 06, 2002
Lots of companies send these types of forms regarding SARN requests, and they will say that they need to do this to ensure that the departments that hold your data provide it.
If you don't fill in the form then it is difficult for you to prove later that a certain department did not comply. It might even be argued by Lloyds that they can't process your request until you provide the information they are asking for.
But, if you identify all accounts and dealings that you have had with Lloyds, then they should process your request ok.
The 40 day SARN response time limit will start from the date that they receive your response.
I can't help you with the buisness charge question, sorry.
-- Harry (email@example.com), October 06, 2002.
Thanks for info - but what about the sections on the Form asking for the reasons I am making the request.
-- Ian (firstname.lastname@example.org), October 09, 2002.
Don't bother answering that question - they have no right to ask it. Just re-iterate the point and state you require 'All information held concerning me in all areas of your business'. You don't have to tell them why you want it, that's your business but by law they have to provide it. Good luck.
-- Chris (email@example.com), October 09, 2002.
Thanks - thats exactly what we have done - do you happen to know whether the SARN will turn up a copy of the "Charge Certificate."
All best Ian
-- Ian Phillips (firstname.lastname@example.org), October 11, 2002.
Everything they have on you should turn up so if they have a charge over your property it may well turn up. I'm no expert on these things. Mind you when we served SARN on B&B we know for a fact they missed out odd things and included things they shouldn't have, like my fiance's ex-wife's income details - naughty naughty. We wrote back asking for further info and haven't heard anything for 7 months now.
-- Chris (email@example.com), October 11, 2002.
Business borrowing: -
A SARN to Lloyds TSB should provide you with details of the charge, and if not provided in the pack they send you, I would recommend you write asking specifically for the item and reminding them that they are in breach of the DPA 98 for not providing this and any evidence of procrastination will result in a complaint to the information commisioner.
Regretably, if you are hoping this information will somehow prove that they have no interest in your property as your new loans are not connected to the charge and only cover when you were acting as a guarantor, I fear your charge paperwork will include a statement which stipulates that the charge may be used in relation to any amounts due from any account(s) business or personal you have.
Keep us posted as to what you find.
-- Paul Adamson (firstname.lastname@example.org), October 11, 2002.