what is a S A R Ngreenspun.com : LUSENET : Repossession : One Thread
Hello i have just discovered your site and i can see that many people arre experiencing trouble with drydens and the bradford bingley B/S. my ex-husband and I handed in our keys to a property in around 1989 we since divorced and i heard nothing until about 12 months to two years ago from them. they now tell me that i have to pay a huge amount to them for the property. I think that some of your advice is going to be helpful but could do with some initial advice as to how to proceed with the solicitors letters that i am receiving.
-- paula Sharrock (email@example.com), July 03, 2003
A SARN = Subject Access Rights Notice. It is a letter/notice which you can send to the lender in order to obtain the personal data they hold on you. In fact, anyone involved with the Repo/Shortfall should be SARNED e.g. debt collector/solicitor (the latter often refuse claiming legal privilege). You could just start by writing and requesting the info necessary, and then if they don't co-operate SARN them. I have drafted a new SARN letter if you would like a copy. Send everything recorded delivery. When you contact the lender it is essential to state that you do not acknowledge the debt, that you deny liability and dispute the claim. Write "Without prejudice" on letters too. Otherwise you can restart the 12 year limitation period. I would start by reading the Do's and Don'ts section on the Repo site, SARNS are explained here too, then read as many previous postings as you can. You need to establish whether the alleged debt is statute barred and/or comes under the CML 6 year voluntary code. If you can, try and find out whether your ex has made a part payment, because this may have restarted the 12 year limitation period anew for both of you (though there may be a data protection issue here), look at previous postings on this if this applies in your case. Be very careful not to acknowledge the debt at this late stage, and always tell any possible third party handling your case (even a solicitor), in writing, not to acknowledge the debt. You should also find out whether a Money Judgment Order has been issued, unlikely in voluntary repo cases, as a creditor can, in theory, chase you indefinitely with this. If you get any more queries just post them up, but be aware lenders/debt collectors read this site too. Good Luck.
-- M Amos (firstname.lastname@example.org), July 04, 2003.