I have followed the home repo page instructions following a shortfall claim made some 8 years after reposession. I have been replying politely asking for a SARN response since last September.

I have a ream of letters from the collectors in which they state that they do not have any of the documentation that they say thet are not required to produce to prove their claim. They now say that they are going to send someone to spy on me to find out what my assets are. I am fed-up and feel like contacting the police and filing for harassment.

Is this a good idea?

-- Martin Davies (martin@magdalene2222.freeserve.co.uk), August 24, 2003

Answers

Martin,

It sounds like you may well have grounds for a complaint against the debt collectors, see my previous posting entitled " OFT publishes guidance on unfair debt collection practices ", dated July 16th, 2003. Give the OFT a ring and explain the situation. In respect to the SARN issue, you should also make a complaint to the Information Commissioner, see my posting under "How long-SARN?" dated the 28th July, 2003. It would be difficult to see how the lender would be able to prove their claim in a court of law if they cannot provide any of the documentation. However, when shove comes to push, they usually manage to find it as if by magic. Do not be fobbed off by them saying they are not required to produce them, this is untrue. I have guidance from the IC Compliance regarding the docs they ought to provide under the Data Protection Act (can send it to you if you like?), although each case has to be looked at on its own merits. Furthermore, a lender who has failed to act reasonably by not supplying the necessary documentation in order to justify their claim against a mortgage shortfall victim can be forced to do so in court (Civil Procedure Rules, rule 1 (the 'overiding objective' + the Pre- action Protocol Direction). Give the IC a ring, they are very helpful.

Hope you find this useful, let me know how you get on. Good Luck.

Mark.

-- M Amos (idgroms@hotmail.com), August 26, 2003.