Sarn letter example & letter of additional questions

greenspun.com : LUSENET : Repossession : One Thread

Below is a copy of a SARN letter I have drafted for anyone who wishes to use it, and a further separate letter with additional questions you may want to ask. I'm not sure how they'll come out when I post them, so you may have to juggle them around a bit afterwards.

SUBJECT ACCESS RIGHTS NOTICE

Without Prejudice

My name:

My address:

Date:

Name of creditor:

Address

Account No.

Dear Sir/Madam,

With reference to the above account and the alleged mortgage shortfall of........., the claim of which I do not acknowledge.

Under the Subject Access Rights granted me by the Data Protection Act I would be grateful if you would forward me details of all information you keep on me that falls within the terms of the Act, and copies of the documents which I have specified below:

1. Statement of Account

2. Money Judgment Order (if issued)

3. Possession Order (if issued)

4. Mortgage Deed

5. Terms & conditions of the actual mortgage as applicable to the mortgage at the time I bought it.

6. All marketing material shown to me at the time I bought the mortgage.

7. All valuations relating to the sale of the possessed property.

8. All marketing material relating to sale of the possessed property.

9. All records and notes of all telephone conversations relating to the sale of the property after possession.

10. All Copies of notification letter(s) of possession sale.

11. Details of any relevant MIG policy, including its terms and condition, and copies of the same. 12. Details of any relevant endowment policy, including its terms and conditions, and copies of the same.

13. Copy of all marketing material shown to me at the time I bought any relevant endowment.

The addresses I have lived at in the last six years are:

Please find 10 fee enclosed, please acknowledge safe receipt.

Thankyou for your co-operation in supplying me with the above information, which is obviously necessary in order to determine the validity of your claim.

Yours faithfully

Now follows letter with additional questions, certain items may be duplicated if compared with the SARN letter e.g. MJO, so one may want to 'fine tune' it, or give the lender more work, as one wishes.

Without Prejudice

My name:

My address:

Date:

Name of creditor:

Address

Account No.

Dear Sir/Madam,

With reference to the above account and the alleged mortgage shortfall of........., the claim of which I do not acknowledge.

I would be grateful if you would supply me with a full breakdown of the balance/statement of account claimed under the above account, and also supply me with answers to the following points;

1. When did the arrears begin ?

2. When was the last payment made on the account ?

3. When was any possession order obtained ?

4. When was any Money Judgment Order obtained ?

5. When was the property sold ?

6. What valuations were made on the property before sale ?

7. How was the property marketed and sold and at what price ?

8. What costs were involved in maintaining the property during the period between the possession and the sale ?

9. What costs were involved in selling the property and what costs have been added on to the alleged shortfall ? Please also detail any other costs and charges that have been made, such as legal costs, arrears charges, administration charges etc.".

10. Has a claim been made against the indemnity insurance (MIG) and how much was recovered ?

11. How has interest been calculated from the start of the arrears ?

Yours faithfully,

Hope they prove useful.

Mark.

-- M Amos (idgroms@hotmail.com), July 23, 2003

Answers

Further to my SARN letter. It has been brought to my attention that within the SARN letter it should include a request for a copy of the 'Mortgage Contract' or the contractual justification for their/any claim. Also, include sect 7 (1)d of the DPA which includes sensitive info., at the same time include the statement "in line with my human rights". I'll post up a revised letter when I can.

Mark.

-- M Amos (idgroms@hotmail.com), July 24, 2003.


Nice one Mark. That's an excellent guide to follow, especial for new users to the site who might have trouble filching out information.

-- Chris (chris@anon.co.uk), July 25, 2003.

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