Hi all

On the advice i got so far from this site i requested a Sarn from Eversheds, and got a reply stating that they cant release any data because there only acting for the Nationwide and therefore not subject to the provisions under the DPA. is this accurate???

I have finally got the breakdown of the sale etc of my Flat, and its different to the first Request i got. they also DEMAND i fill in a Personal Finance Declaration.

Where do i go from here??

i am VERY out of my depth and confused..

Mark

-- Mark (lostin1999) (lostin1999@yahoo.co.uk), December 10, 2001

Answers

I can only comment about the SARN, and these comments are based on my own experiances. These statements & suggestions by me are to the best of my unqualified knowlege and you may wish to verify them elsewhgere.

No they can't say this to you. It does not matter who they are acting for, you can serve a SARN on them and they are required to responsed with your data. But the route to get this corrected is long. You have to send a letter to the Information Commissioner requesting an assessment. (no charge) Attach a copy of your SARN request and their communication in response. It will take the IC anything from one month to six months to respond to you on this, depending on the complexity. You must attach copies of all communications when makng the assessment requesrt to minimise this aspect.

I would suggested to you that you need to state to the Information Commissioner that you have reason & grounds to beleive that criminal acts have been committed, relating to the wrong sale price, and that you require the SARN data to determine the extent of these criminal acts. Otherwise they will then attempt to claim professional privalige and still refuse to provide you with anything anyway.

Good luck.

-- anon (i.hate.abbey.national@another.com), December 10, 2001.

We also experienced problems with SARN to Eversheds - they ignored our request. We then e-mailed the Information Commissioner who responded with a request that we send by post copies of the letters we sent eversheds so they could carry out an assessment. This was dealt with quite quickly - may be due to the fact we used e-mail. I suggest you do the same. Once they had carried out the assessment and had been in touch with eversheds we got the SARN response with an apology and half baked excuse. But in the end we got it. Remember that in addition to computer records you are entitled to get paper records now as well.

Did you get all the documentation ( as outlined on this site) you requested? If not, write back with a repeated request.

There is no need to fill their personal finanace declaration form - this is used to determine you ability to pay. You have not accepted the debt and they have not provided full documentation to enable you to establish your liability. Just keep asking them to provide the info requested. (use recorded delivery)

I've based my advice on my own experiences with Eversheds - months have gone by now and we are still asking them to comply with our requests for info.

Hope this helps in some way.

-- alyson (faydupp@hotmail.com), December 11, 2001.