SARN Problem (Similar to Nationwide below)greenspun.com : LUSENET : Repossession : One Thread
We have just SARNed Abbey and Eversheds in the latest round of our "shortfall" battle. (see "Final Deficit / Abbey Nat / Eversheds" about 50 questions down the list)
Abbey's computer bods have sent a very curteous reply, but like the Nationwide customer below, they are asking us to be specific about account numbers. Do I give them the mortgage account number, or are they getting confused - thinking we want BANK account details.(Of which there aren't any)
They are also saying that if the "account" is a joint one, then we must also get permission from the other party before they respond to our SARN. The *mortgage* was a joint one (my partner with her ex) so do we need his cooperation, or are they talking bol***ks?
They are also very keen for us to have a cosy chat in the hope that they can satisfy our request without the need for the formallity of a SARN - should we stick to the SARN, or have a chat? I feel they're slightly nervous over the SARN - anyone agree?
We also feel we've an excellent case of underselling with regard to this property and Eversheds have certainly changed their tone since I pointed this out to them. What is involved in countersuing for neglegence regarding the sale - some of the cases I've read tonight make us feel they could end up owing my partner money - comments appreciated
-- Andy robson (firstname.lastname@example.org), May 20, 2003
The same applies - you have given them all the information they need.
Reply, and re-confirm all your addresses. Say that as far as you are concerned they have all the information they require under the Data Protection Act and you require ALL information they hold about you within the 40-day limit, which started on the day they received your letter. Say that if they don't answer within this 40-day limit you will refer the matter to the Data Protection Registrar. And do it !!
You don't (necessarily) need to countersue for negligence. You should also not even mention this unless and until the matter comes to court. You should not speak to them on the phone, ever.
If they write to you, simply state that you are waiting for the information you have requested under the Data Protection Act and that once you have received and analysed this information you will be able to respond.
Essentially, follow the advice on this site.
-- Chris (email@example.com), May 20, 2003.
They are indeed talking ******. You are entitled to all information they hold on you personally as long as it does not include personal financial details of the other party, whether the account is a joint one or not and you do not need the other person's consent for them to send this to you. Indeed when my fiance sarned Bradford & Bingley not only did they send us information on him, but unfortunately information pertaining to his ex-wife's personal details - which she is in the process of complaining about. It's alright for them to claim jointly and severally liable when it suits them!! As Chris above says tell them you want all information they hold regarding yourself and if they do not provide this they are breaking the Data Protection Act and could be liable for prosecution, and that you will have no hesitation in taking this further.
-- Chris (firstname.lastname@example.org), May 21, 2003.
You could give them the mortgage account number AS A POINTER to start from, but state that you want ALL INFORMATION they hold about you in all areas of their business.
DO not partake in their cosy chat - these people are trained to back you into a hole and use it against you. They probably don't want to reply to the sarn because it means going through a load of paperwork to find your files and it's a pain.
As far as the mortgage being a joint one and they need the other partners permission, this is if you want information about him. I sarned the Halifax in MY name only, not my ex-husbands as well, and they sent me the info (not sure whether they sent everything), but is meant some little bod having to go through all the data with tipp-ex bottle and delete the old man's name - 300+ pages (ha ha).
As far as countersuing is concerned - have you got lots of money coz it will cost you unless you get legal aid.
-- One Angry Mother (email@example.com), May 21, 2003.
I would advise against giving any account number - it could be misinterpreted that you only want information pertaining to that particular account number.
-- Chris (firstname.lastname@example.org), May 21, 2003.
Thanks for the advice gang - Eversheds reply to my SARN on them has just arrived today and they're trying to fob me off too. Replies clarifying my request to both them and Grabbey will be in the post by Tuesday.
As regards to whether I've got money (for a countersue) - you're having a laugh aren't you ??? We're skint.
Or at least we are if Eversheds or Grabbey ask...;-)
-- Andy Robson (email@example.com), May 23, 2003.