hammonds suudards & egde sarn response

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Hi being chased by solicitors Hammnods suddards and edge for a house given voluntrariy in 95 back to lenders mortgage express.got first letter from the solicitors in august 2003. served a sarn on both mortgage express and the soliciotrs got a letter from the solicitors saying that undern the act they are not oblidged to reply to my notice as they are the the data processor and the act only requires data controller to reply which in this case is mortagage express. any help on this point raised by the solicitors will be greatly appreciated. thanking you all in advance

-- jovinah simon (jovinah@yahoo.co.uk), September 25, 2002

Answers

Unfortunately this can be true! However, from my close dealings with the IC, they state it may be worth an investigation (assessment).

As acting as the processor the Bank/B.S is responsible for what data they handle. As your dealing with this matter is through HS&E, rather than their client, then as the IC have stated to me they should really pass over your SARN request.

Write back and state that they have to forward the SARN to the relevant parties, otherwise you will have to take the matter further.

BONUS POINTS!!! Any breach of the DPA 98, which causes you distress, can give you the opportunity to seek damages! Remind them the stress they are causing you and to resolve the SARN in whatever way ASAP!

Prehaps a way of claiming some of the money back?

-- Geoff Winters (Geoff-winters@supadooper.com), September 25, 2002.


Actually, the DPA 98 is unique in that it is the only UK law that states you are entitled to compensation if your DPA rights have been breached.

But, you have to have suffered stress AND loss to seek that compensation. And, it is best to have an IC Final Assesment confirming that your DPA rights have been violated.

Then you have to fight for compensation in the courts.

Good Luck.

-- Harry (pearson_harry@hotmail.com), September 26, 2002.


Hi,

If they made first contact with you in 2003 and you gave keys back in 1995 then I would suggest you claim that under CML Mortgage Rules they cannot chase you as they are out of time under the 6 year rule. Good luck.

Chris

-- Chris (chris@anon.co.uk), September 26, 2002.


Am I the only person who thinks it's still 2002?

-- Melody (mbc109@york.ac.uk), September 26, 2002.

Harry's right, it's not all plain sailing in relation to the compensation question. So you will need to document it all down, carefully. I would not get your hopes up too much on recieving a great big fat cheque! But it is an ace up the sleeve, to use in your favour (as you probably don't have many).

The IC like you to be transparent, by this I mean that you have re approached HS&E and asked them to deal with your request in a professional manner (whether they forward it onto the relevant party or not). After the 40 days, then you can seek assistance from the IC for a assessment. Their findings could aid you case, if it looks like the other party is being unreasonable and unfair.

-- Geoff Winters (Geoff-winters@supadooper.com), September 26, 2002.



Message For Melody " Look at my next posting and so the answer is No you are not alone its just that i was thinking a year ahead....

Chris i gathered from this site that its the date of the sale of the house thats taken itno consideration in regards to 6 years rule isnt it the case? And i wont know the exact date of sale of the house unless they reply to my sarn

thanks every 1 for replying

-- jobinah simon (jovinah@yahoo.co.uk), September 27, 2002.


Message For Melody " Look at my next posting and so the answer is No you are not alone its just that i was thinking a year ahead....

Chris i gathered from this site that its the date of the sale of the house thats taken itno consideration in regards to 6 years rule isnt it the case? And i wont know the exact date of sale of the house unless they reply to my sarn

thanks every 1 for replying if this is a repeat posting do excuse me

-- jovinah simon (jovinah@yahoo.co.uk), September 27, 2002.


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