I have been chasing up my ex-lender for copies of deeds a legible survey, copies of invoices for repairs etc after they have failed to write to me for four and a half months (after my initial requests for these documents). They have even ignored my chase up letters (haven’t received a letter from them since Nov 01

I suspect that they don’t want me to see these documents as the copy of a survey they previously forwarded had several pages missing and was illegible. I also feel that the property was undersold and that they may have breached the contract themselves by only having one survey done. Where do I go from now? Can I ask the IC to do an assessment due to AN’s total disregard for the CPR?

I intend to serve another SARN? The one I did last year fell before the rules changed to hard copies too, so doing another may highlight some interesting stuff. Do they have to provide copies of correspondence between Lender and solicitor under the SARN?

Thanks in advance

Bev

-- Bev (bev100@genie.co.uk), March 13, 2002

Answers

They don't necessarily have to supply you copies of letters between them and their lawyer, but that's no reason not to serve another SARN. Go for it!

Also, read the Do's and Don'ts pages in the Repossession section - there are a couple that deal with lenders that do not cooperate (Abbey National and its lawyers are not very cooperative when it comes to coughing up evidence).

Lee

-- Lee (repossession@home-repo.org), March 13, 2002.

Bev,

the IC won't help you with AN ignoring the CPR, not my field you understand, but the IC won't help you with this.

Yes it's worth serving another SARN on AN. They will with-hold copies of letters to their solicitors, and without the copies you can't prove that they should have supplied them. But it's worth making an assessment request to the IC on this.

I personally think you have good grounds for a complaint to the Financial Ombudsman regarding AN not providing, and not proving the debt. Why not make a complaint to AN on this specfic point asking for a deadlock letter for the FO. AN will fob you off, and not provide you with a deadlock letter. But 8 weeks after you have requested it if they has still not given you a deadlock letter then you are able to complaint to the FO regardless.

Don't give in and don't let them get you down.

Good Luck.

-- Harry (pearson_harry@hotmail.com), March 13, 2002.

I suspect what has happened will be at least partly expalined by the fact that Abbey National have apparently destroyed a great deal of original repo records (including letters, valuations, etc) and only hold copies on microfiche. Sometimes it is hard to produce decent copies of docs from the microfiche.

Ask the IC whether or not this processing of your data is adequate for its purposes. Send the IC the crappy copy docs you have been given.

And get your MP on board.

-- E Scott (eleanor.scott@btinternet.com), March 15, 2002.