Hi, I note in another response that there is mention of a 40 day limit for organisations on replying to a SARN (I think thats the way it reads!).

I served a SARN on Eversheds in June, 3 months later I received a letter from Nationwide asking what information I wanted.

Does anyone know if this delay something I can make use of ?

As always, many thanks to all who contribute. Brian.

-- Brian Party (brianparty@hotmail.com), October 08, 2001

Answers

We've had a similar problem with Citibank International, who, after writing inviting us to phone them, keep replying to SARNs by denying they've ever heard of us! After three unsuccessful attempts, we're sending all the details to the Information Commissioner. At the same time, we're sending a letter (again!) to Citibank saying we expect (1)all data they hold on us, or else (2) a letter stating that they will not at any time in the future ask us for money. If we have no response by next Monday, we will take that to mean they are agreeing to the second option. I'm hopeful this should get a satisfactory answer.

As long as all your letters are clear and polite, and you repeatedly stress you are merely exercising your legal right to information under the DPA, it cannot look good for them if it ever emerges in court that they are being so obstructive. The Information Commissioner address is:

The Office of the Information Commissioner Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF

Good luck!

-- Melody (mbc109@york.ac.uk), October 08, 2001.

Had similar problem with Eversheds. Sent in SARN with a request they advise us of applicable fee. Heard nothing and followed up with another letter saying that unless we heard to the contrary eithin 7 days we would assume that no fee was being charged and therefore would expect their response within 40 days of the original request. Weeks passed and still no reply from them so referred matter to Information Commissioner. This prompted a SARN reposnse from Eversheds. According to the IC assessment they were 'unlikely' to have complied with the DPA. Apparently the reason was there some 'confusion' as matter had been dealt with by junior staff at Eversheds (at least thats what their explanation was to IC). He/she thought there was no need to reply as we had already served SARN on ex lender! Incidently the documentation we received from Eversheds was incomplete. We are now writing back to them again in next few days asking for full details. Has anyone got any thoughts on whether we should also report the incomplete response to IC??

-- (faydupp@hotmail.com), October 08, 2001.

Yes! As long as you're absolutely sure Eversheds have sent incomplete data, shop them to the IC. I'm sure the IC has the ear of those in power to a greater extent than any of us individually, so the more complaints she receives that concern abuses by mortgage lenders in repossession shortfall cases, the better. If policymakers don't hear about these abuses, they won't prioritise kicking lenders' butts.

-- Melody (mbc109@york.ac.uk), October 09, 2001.