No response from SARN-what now??!! : LUSENET : Repossession : One Thread

SARNed both C&G and DLA on 12/4 - received reply today from DLA, contents as follows (none yet from C&G). They say my details are not disclosable to me under schedule 7, para 10 of the DPA, and that personal data held on me is protected by 'legal professional privilege'(quoted this phrase three times in the one letter!). I believe, from what have I have learned on this website, that I am nethertheless entitled to certain information, having served a SARN. Can anyone tell me a) how best to reply to DLA, b) what exactly I AM entitled to keep pushing for, and c) what DLA mean by legal professional privelege? (For background on my case, please see notice posted under heading "DLA court action - good shortfall solicitor in SE needed URGENT"). Any other advice would be gratefully received - court action is now referred to as 'potential'.

-- Julie Stamp (SALEM@STAMPDJ.FSNET.CO.UK), April 16, 2002


This is my own personal opinion and suggestions to you based on what you have stated. You must consider this very carefully and decide what is the best course of action for you based on my advice, the contents of the site, and others. I accept no personal liability for these comments & suggestions whatsoever. I think you should also wait for some more responses from the board as well before you make any decisions. And, I think you should fully discuss all aspects of this situation with the IC on 01625-545700, ask for the consumer help desk.

First off C&G have forty days to respond to your SARN request from the date they received it.

Solicitors have been quoting this 'legal professional privilege' nonsense & tripe for quite some time now and it needs to be challenged.

You should write to the IC. Make a formal assessment request regarding this refusal by DLA to comply with your SARN request.

You should write to DLA & C&G to advise that you have asked for an assessment from the IC concerning the refusal of DLA to comply. They will therefore please place everything on hold until the IC assessment, and any appeal regarding the assessment decision is completed.

The IC may well eventually back up DLA's statement and refusal to comply with your SARN request. There have been many instances in the recent past where the IC have failed to support a complaint that a SARN request has not been responded to, for a number of reasons. But, I would suggest that you then make an appeal to the Information Tribunal regarding the IC decision. You have 28 days from the date of the IC decision to make such an appeal. You can ask for the appeal to be given a public hearing as well.

I personally believe that the Information Tribunal will not uphold the stance by solicitors and the IC that they do not have to provide you with a full response to your SARN.

Good Luck.

-- Harry (, April 17, 2002.

Julie, is the location of the DPA on the web, look at schedule 7 para 10 and you will see that is DOES state that they can use this to prevent you looking at the information. However, I would advise you to adopt the following (it worked in my case) :

1. Advise DLA that under the CPR Rules they have to disclose the information that they wish to use in their "prosecution" of their claim, and at that when and if they go to court they will have to provide this information to you or your reps. The judge will not be happy that they are refusing to provide this info especially if you can show documented proof that you asked for this info. I am a bit busy at present but e-mail me later and I can fill you in.



-- John (, April 17, 2002.


In addition, please read the do's and donts section under repossession. Especially the bit that states "Expect intimidating letters"

They’ll try to terrify you into paying up. They’ll use your ignorance of the law to make you think that taking you to court is a cheap and easy option for them. It isn’t, far from it. But they won’t let you think that they are bothered by that.

It’s cheap for them to terrify you into paying up with a letter. So they write terrifying letters. Turn them to your advantage by negotiating hard.

Whatever happens they have to comply with the Civil Procedure Rules ! and if you can demonstrate to the judge that they havent, the judge will order them to !

-- John (, April 17, 2002.

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