I have recently served a Sarn on NHL/Paragon and have received some info requested. I have asked for a copy of the Mortgage Deed and their reply to this is as follows - "It is a legal requirement that this document would have been sent to the new purchasers' solicitors upon the imminent sale of the property. The company do not keep a copy." Is this correct?

Also asked for copy of Mortgage Indemnity Guarantee Policy and their reply was - "This policy was the property of the company and not the borrower. The policy is confidential and you are not legally entitled to sight of the documentation. No personal data is stored within the policy and no individual can be identified." Any ideas?

There are several items missing from our request - What should we do now?

-- deb (dp99@blueyonder.co.uk), November 10, 2001

Answers

Hi Deb,

Re. the Mortgage Deed - if they do not have or keep a copy how do they keep their records straight for auditing purposes?

Re. the MIG document - if there IS no personal data, such as your identity, mortgage number, the date 'taken out' or the address concerned, stored on the document how do they know it refers to you and thereby substantiate their claim against you?

However, I'm sure that somebody on the site will have dealth with this a situation like yours and will have more detailed answers than mine.

With regard to the missing items politely ask them again for the details outstanding, but don't pay any more money to them for that info. I would seriously consider writing to the Information Commissioner for an assessment of their 'response' generally.That should focus their attention. I far as I am aware all 'data users' are licensed to hold info. on their computers (and manually now) and that must mean that they can't just do what they like if they want to keep their licence.

Good luck,Joy

-- Joy Harker (fightingback@harker.go-plus.net), November 11, 2001.