I have been fighting Curtis solicitors/Sun Alliance for nearly a year now, my home was repossesed in 9991.I have recently served a SARN notice on Curtis, and they responded thus "We refer to your letter. We note the contents of the same, however we would advise you that as regards the Data Protection Act and your SARN notice we hold no records as to yourself, as of course our Clients herein are Royal Sun Alliance."

Is this right? how should I respond? I wanted the infor for other addresses to serve further SARN notices on all parties including the Halifax who was the original lender. I have been sent letters threatening writs in 7 days, and not had them. And Curtis have not given me any where near the information required.

Can anyone give me any advise on this matter please ?

Joanne

-- Joanne Gammon (topuppersonnel@btconnect.com), April 07, 2003

Answers

jOANNE

YOU COULD TRY WRITING TO THEM AGAIN AND ADVISE THEM THAT IF THEY DO NOT COMPLY WITH YOUR REQUEST THAT YOU WILL REFER THE MATTER TO THE INFORMATION COMMISSIONER (WHICH OF COURSE YOU SHOULD DO IF THEY DON'T COMPLY). THIS PROCESS IS LENGTHY (BUT NOT COMPLICATED FOR YOU) AND IT WILL DISCREDIT THEM IF THE MATTER GETS TO COURT, IN THAT IT WILL SHOW THAT THEY HAVE NOT BEEN CO-OPERATIVE. THE ic WILL MAKE AN ASSESSMENT AFTER YOUR INITIAL COMPLAINT AND WRITE TO YOU TELLING YOU OF THE OUTCOME. IF THEY AGREE WITH YOU, THEY WILL THEN CONTACT THEM AGAIN TO INSIST THEY GIVE YOU THE RELEVANT INFO. IF THEY DO NOT COMPLY AFTER THIS, IT IS THEN I BELIEVE AN OFFENCE AND THE IC MIGHT WELL TAKE FURTHER ACTION. GIVE IT A TRY AND AT LEAST IT MIGHT GIVE THEM HASSLE IF NOTHING ELSE.

YOU COULD ALSO MENTION THAT FOR THE PURPOSES OF "DISCLOSURE" THEY WILL BE REQUIRED TO PROVIDE YOU WITH ALL THE INFORMATION THEY HAVE ON YOU BEFORE ANY COURT HEARING. I THINK YOU CAN TAKE LEGAL ACTION UNDER DISCLOSURE PROVISIONS TO GET THIS INFORMATION NOW RATHER THAN LATER BUT IT IS COMPLEX AND YOU WOULD NEED A SOLICITOR.

I READ ABOUT THIS ON A PREVIOUS POSTING/ANSWER SO HAVE A LOOK AROUND ON THE SITE FOR MORE INFO..

I HOPE THIS IS OF SOME HELP,,

ALL THE BEST!

M

-- hanging in there! (Anderston828@aol.com), April 07, 2003.

Joanne,

I assume you mean 1991 (not 9991), whicha was 12 years ago, what month was your home repossessed?

The address for the Halifax is:

Mortgage Recoveries Halifax plc Trinity Road Halifax HX1 2RG

I presume you know they only have 12 years to chase the debt.

Good luck,

Tracey

-- One Angry Mother (madcow678@hotmail.com), April 08, 2003.