Hiits just further from my previous posting Lee and Mark as per your advice i wrote to Hammonds Suddards and asked that as they have said that they wont suppky any info under SARN and its down to Mortgage Express to supply and info i asked them whom do i contact if i need any further info thats missing they said we conatct Hammond Suddards and Edge so i wrote to the listing all the missing info i needed , got a letter back from them one was to say that send the I&E form back in 7 days to avoid further action and the other was that the info i need they cant supply and i have to contact Mortgage Express as they ( hammonds ) dont entertain SARN.. What is really annoying is that when i told them that they are contacting them with allegged shortfall demand and any info we need they say they cant answer it and we need to contact Mortgage Express.. this time they said that send your queries to us and when i did they replied they wont answer them its upto Mortgage Express and they said that i have to now contact Mortgage Express, when they are chasing is it not theor responisibility ( hammonds ) to answer our question or atleast pass it to Mortgage express.. Any advice?

-- jovinah simon (jovinah@yahoo.co.uk), April 30, 2003

Answers

Jovinah,

I would send the SARN direct to Mortgage Express by recorded delivery. Many solicitors refuse to supply info claiming legal privilege. I would not give I&E details at this stage, make them proove their claim first. After all, if they wound up with a bill for 50K, for example, I'm sure they would want to know exactly what it was for, and how it had been calculated, wouldn't they?

Mark.

-- M Amos (idgroms@hotmail.com), April 30, 2003.

Jovinah,

I've just found your previous messages, I see you've already SARNED Mortgage Express, what documents are you still missing? Really, I think, if they are still not co-operating the only thing you can do is to report them to the Information Commissioner. Have you asked them again gor the missing information? If so, what was their response?

Mark

-- M Amos (idgroms@hotmail.com), April 30, 2003.

hi Mark thanks for your reply as you know i had already sarned mortgage express after that i asked hammonds that i have info missing from sarn whom do i contact as hammonds had refused to supply info in the first place and were chasing us again they said that from now on any further info you need contact us so i contacted them and they said oh we cant provide you info contact mortgage express, i mean they just told me to contact mortgage express although i had asked hammonds after they told me to contact them. well the missing info i have asked at this stage is copy of mortgage deed, copy of valuations for the sale of proerty and marketing materials which i thnik are really necessary for me to access the situation. i mean all they do is send letters that to avoid further action do this and do that but they are not really cooperating in solving the matter

-- jovinah simon (jovinah@yahoo.co.uk), April 30, 2003.

Jovinah,

I think I would just write to the information commissioner stating exactly what has happened regarding the repossession and stating that you need these particular documents to assess the situation. Send copies of the letters you have sent asking for the documents, plus the ones sent to you from Hammonds telling you to contact Mortgage Express and from Mortgage Express telling you to contact Hammonds. They should be able to sort it out for you (one would hope anyway).

Don't fill in the I&E form whatever you do. let me keep threatening court action, coz it sounds like they have nothing to take you to court over.

Good luck.

Tracey x

-- One Angry Mother (Madcow678@Hotmail.com), April 30, 2003.

Jovinah,

You are quite right, the info you need is necessary. As I and Tracey have suggested report them to the Information Commissioner. Furthermore, I think you and anyone else in this situation should contact their local MP for help and tell them that the lender is trying to force a settlement on a debt which they will not properly substantiate (see EDM 62 on 'Repossession' page). If your MP is not helpful try one who is a signatory to the EDM.

Mark.

-- M Amos (idgroms@hotmail.com), April 30, 2003.

Jovinah

I had similar problems getting info (Abbey/DLA) and I have already complained to the Info Commissioner. You will have to complete one of their complaint forms. It will then take them at least 3 months to investigate and reply to you. If they agree with your complaint they will instruct the lender etc to provide the information as per the Data Protection Act. If they then fail to provide the information it then becomes more serious and the Information Commissioner can then take action against them.

It is about 6 months since I first lodged my complaint and I am still waiting for a conclusion from the Inf Commissioner. However I would not let this put you off proceeding with a complaint because if and when your case goes to court, their non compliance will not put them in a favourable position!

Do not admit liability on all correspondence and do not fill in any I & E forms. Don't lose sleep over their threats and remember to send all correspondence by recorded delivery.

It might be an idea to consider complaining to the Financial Ombudsman if you feel you are in a deadlock situation. You will need a a letter from the Lender confirming you are in a deadlock situation....just write and ask them for one! It will also demonstrate to them that you are putting up a fight and that their attempts to intimidate you are not working!

Mark will confirm whether or not this is a good idea!

M

-- hanging in there! (Anderston828@aol.com), May 01, 2003.

Hello Jovinah,

The Building Soc & the solicitors will have data-bases (computerised & on hard copy)of considerable size I would imagine and therefore should be registered with the Data Protection office.

Take your complaint to the Data Commissioner without any further delayand stop losing any more sleep. This 'supposed debt' is only an allegation and must be PROVEN BY THEM and to do that they must provide you,or any court, with all details that WILL substantiate their claim. Your rights under the Data Protection Act (SubjectAccess Rights) allow you, the Subject, to have copies of ALL the data that they hold on you. They are committing an offence if they refuse to comply with your request. If they CANNOT, as opposed to WILL NOT, the substantiating data then they won't be able to PROVE THEIR CLAIM in Court or anywhere else.

Finally - don't admit to any part of this debt in any way at all. Don't have conversations with them on the 'phone as you won't have any proof of what was said. Only deal with them by letter (sent by Recorded Delivery only) and keep copies of everything.

They are nothing but bullies and not worth worrying about. Remember there are a lot of us out here who have experienced this kind of tactic so you've got plenty of support.

Chin up Jovinah and stop worrying. Cheers Joy.

-- Joy Harker (admin@harker.go-plus.net), May 03, 2003.