I have recently served a SARN on AN. They have told me that they have 40 days in which to get back to me. First question - is this 40 working days?

Secondly, what docuemnts can I expect to receive? Their letter suggests that I will only get info that is stored on the computer. Should I expect to receive copies of deeds etc or will have have to ask for these? If so, any suggestions on any other documents that I should make sure I get?

Lastly, Eversheds have now apologised to stating that two surveys had been carried out on the property when only one was. They state that this is in line with AN's policy but I have my doubts as when Eversheds first contacted me, they sent the statement of account with their letter and in the (Abbey National letter headed) explanation document for the statement it states that one of the costs on the statement is to cover the two surveys that AN would carry out to try to achieve best market value. I assume this is a general document and not sent personally to me. What are they playing at?

-- Bev (bev100@genie.co.uk), September 06, 2001

Answers

I'm certain they have to have two surveys, and it will probably say as much in your original mortgage contract. It sounds to me like they've sold the property without regard to their contractual commitments, and if you can prove this (and a letter admitting as much from their solicitors is a good start), then you don't owe them a penny; they are in breach of contract and also in breach of 1981 (or is it 6) building societies act which puts a statutory duty on the building society (Eversheds please note the BUILDING SOCIETY has the statutory duty NOT the property, as you insisted in your last letter to me) to market and sell the property to raise the highest market value.

Who'd be a solicitor, eh?

Good luck.

-- (bluemoon@mcfc.co.uk), September 06, 2001.

Abbey are quite correct in stating that they have 40 days to respond to your SARN. This is forty days and NOT 40 workign days.

And, they are correct in stating to you that only computer records must be provided under the current provisions of the DPA. But, this changes after October 26th (not sure of the exact date) when manual records must be provided as well. You may therefore consider serving a second SARN on Abbey, why not ask them now to comply with the change and supply manual records as well? Its worth a try.

-- Michael Johnson (johnson@mleo.fsnet.co.uk), September 06, 2001.