Hi I have previously posted my posting regarding being chased by Hammonds Suddards and edge solicitors for Mortgage Express and as per advice from this site served a SARN notice to them, the solicitors refused to respond to it and i got some documents from Mortgage Express.. From the documents supplied to me it showed that the house was sold in September 1994 and i got first letter from them in May 2002, so the question is I have checked CML list and Mortgage Express are a member , I was wondering is someone could help me out here with how to go forward now because its really stressing.Any advice will be greatly appreciated and is urgently needed.

Thanking you all in advance

-- jovinah simon (jovinah@yahoo.co.uk), March 25, 2003

Answers

Jovinah,

Reference the SARN did the solicitors give a reason for not responding? I would give the Information Commissioner a ring and see what they say about this.

I would also write and ask Mortgage Express why they are pursuing you, as being a member of the CML, they have agreed voluntarily that they will begin all recovery action for the shortfall within the first six years following the sale of a property in possession. First though read the exclusions on their web page: http://www.cml.org.uk/servlet/dycon/zt- cml/cml/live/en/cml/pub_info_dept

If Mortgage Express are not complying with the code then contact:

Mortgage Code Compliance Board University Court Stafford ST18 0GN Phone: 01785 218200 Website: www.mortgagecode.org.uk

Make sure you have received all the necessary documentation from the SARN, see Do's and Dont's - The lender will not co-operate.

I would take these steps first and then see what the situation is.

Post up again if you get stuck, and don't get stressed out it'll give you hiccups :)

Mark.

-- M Amos (idgroms@hotmail.com), March 25, 2003.

Jovinah,

I forgot to ask, when did you start missing your monthly mortgage payments? Have you contacted your local MP?

Mark.

-- M Amos (idgroms@hotmail.com), March 25, 2003.

Jovinah,

And make sure you state that you (or anyone acting on your behalf) dispute the claim and deny liability in any communication with the lender/solicitor, or you may restart the limitation period.

Mark.

-- M Amos (idgroms@hotmail.com), March 25, 2003.

Mark once agin thanx for your advice and support without even knowing you i can say you are indeed a friend. When i served a SARN to Hammonds they replied that they are just DATA processor and not data collectors and gave me the address for Mortgage Express to contact.. well i contacted Mortgage Express and got SARN info back I am going through it I really dont know what i am looking for but i have read all the relevent advice on this site and trying my best.

few days after i got the SARN letter i again got letter from Hammonds asking me to fill I and E form and offer repayment.. i replied to them that" i have recived SARN info from mortgage express which they refused to supply and i need further information which is missing and whom do i contact as they have refused to supply sarn and have now started writing letters or should i contact mortgage express"

thier reply was that mortgage express have infor,ed them that they have replied to SARN and to go ahead with the demand so any further corrospondence i should have with Hammonds

Mark just a qucik question you think as of first step i should ask Mortgage Express why they are chasing me after 7 years should i attach a copy of that to hammonds as well or first i should just gather all the information of tthe sarn response

thanks for ypue help and look forward to your help and support

-- jovinah simon (jovinah@yahoo.co.uk), March 25, 2003.

Jovinah,

I would list out the missing SARN items and politely request them again, asking them how they can expect you to evaluate their claim regarding the alleged mortgage shortfall if they won't provide the necessary documents. Send the letter by recorded/registered letter. Make sure you keep copies of all communications and even keep the envelopes of the letters you receive.

In the information you have from the SARN so far, is there any reference to any communication to you or letter about contacting you after the sale of your property? I think I would be inclined to wait for all the SARN info before asking them about not following the voluntary six year code. Have you checked the exclusions on their web page as I suggested earlier?

Best wishes, Mark.

-- M Amos (idgroms@hotmail.com), March 25, 2003.

Hi Jovinah,

We are dealing with H,S&E too. The reply they gave my fiance was they were covered by 'legal privilege' which when I checked with our Data Protection Officer is allowable.

We discovered when we sarned Bradford & Bingley who H,S&E are acting for that although H,S&E advised they were not passing certain information to B&B this was indeed untrue and that all H,S&E are are solicitors acting on behalf of the building society, they don't make any decisions it is all down to Bradford & Bingley to decide.

As Mark advises, and if you haven't already done so, write to H,S&E as they are the ones communicating with you, who will then pass the letter to Mortgage Express asking why they are not adhering to the CML Code as they are members.

You are not alone, Mark and many others on this site have offered excellent and invaluable advice and you seem to have many positive things on your side, i.e. time limit etc.

All the best and good luck. Let us know what their reply is.

-- Chris (chris@anon.co.uk), March 26, 2003.