I have SARN'D the Abbey, Dibb Lupton, Solicitors and everyone else involved im case. The Abbey did reply within the 40 days but DLA and several others haven't.

Anyway, after getting info from the Abbey I asked the undernoted questions as I know they undersold my house (I've just got to try and prove it in case I have to go to court).

Q Name and address of Estate Agent handling the Sale of my house?

A.They gave me the name of the solicitor only.

The other questions/information I asked for was:- Copies of every original valuation document, details of how and where the house was marketed. Copies of all the advertising details. Copies of the photos they took of the property. How many people viewed the property and dates of views. Full detials of all offers made and not accepted. Copy of the actual formal offers. Name of Purchaser. Name and address of solicitor actinf for the purchaser. Copy of the formal offer made by the buyer.

To be honest I wasnt sure what info I was entitled to receive. In their reply they have told me the name of the Estate Agent. But the name they give is the Solicitor who did they conveyancing. In the SARN info it details an Estate Agent in another town. They told me that there was 2 adverts which generated 2 viewings and then at 14 weeks they prepared the house for auction. But an offer was accepted prior to this happening! They say there was no reported offer prior to this. They say copies of adverts, photos and actual dates of views no longer exist and that all other info I have requested is not available as part of subject access.

In the Sarn, a page from the Abbey Property Sales stated that there were no viewing and no adverts. I had wondered how could they have marketed it then? But now they say there was two adverts and two viewings. Can anyone advise what I should do next?

Should I ask the Abbey if they have a Money Judgement Order and should this be in the Sarn?

Any advice is appreciated.

M

Too scared to say

-- too scared to say (Anderston828 @aol.com), August 24, 2002

Answers

Abbey have a habbit of changing their story. They will state one thing, and then later on they state another.

You have two ways to go with this. If you eventually intend to go to court then it's useful to have conflicting statements.

If however you want to argue the point now, and maybe get them to drop their claim, or reduce it. Then you need to tread carefully.

I personally would complaint to the FOS and the IC about the conflicting sttaements. State that you believe that they are making it up as they go along.

The FOS should/might assist if you can prove that Abbey have lied. The IC can only issue a final assessment, which you have to use in court. But, you could take the IC final assessment, assuming it agrees with you, and make a strengthend complaint to the FOS.

Take note that at one time the FOS were trying to reject complaints if you had requested an IC assessment. My mate put them right on this, but the FOS appear very supportive of Abbey in many ways. So take care.

Your complaint to the FOS must first be made to the Abbey secretariat. Long name for a department which will offer you £250 after two months if they think they are in the wrong.

Good Luck.

-- Harry (pearson_harry@hotmail.com), August 24, 2002.