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SAR Help


Redlittle1000
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A few years back I was taken to county court for a default on my loan and the lender used their solicitors to do deal with all of the legal side of the process. I went to court where by a charging order was put on my home until the debt is paid in full.

Ever since the court hearing I have been paying a certain amount each month to the solicitors in question. About 5 or 6 months the lender notified me that I should (from a certain date) stop paying the solicitors but pay a debt management company; this was done with out any fuss.

After the change over I requested an SAR from both the lender and the solicitors in question.

The solicitors banked my cheque and then after the expiry date for which they had to reply, they wrote to me saying that as they were no longer dealing with the account I should in fact get in touch with the new company and sent me a cheque for my refund, this I have never banked

Now surely the solicitors in question are bound by the law society and I am guessing like accountants should hold records of all their dealing for a set amount of time?

I have written a letter of complaint to ICO, and followed this up with a reminder this was back in July and late August. The ICO have confirmed that they have received my letter but I heard nothing back from them on this.

What other option do I have?

Should I pursue the ICO to take up this matter or should I pursue the solicitors on my own?

Maybe the solicitors are telling the truth and my files have been passed to the new debt agency and they hold no information on me, or are they talking rubbish?

Please can someone advise me of my next move?

Thank you.

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Red

What are you trying to discover?

A SAR on the solicitors will not get you anywhere I'm afraid. As your lender must have instructed them originally, you are not their client and most of the papers (if not all) are ones created in litigation proceedings and thus subject to legal professional privilege. The privilege belongs to the client (i.e. the lender) not the solicitors but if the documents are subject to privilege, the solicitor can claim they are exempted from the Data Protection Act.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Red

 

What are you trying to discover?

 

A SAR on the solicitors will not get you anywhere I'm afraid. As your lender must have instructed them originally, you are not their client and most of the papers (if not all) are ones created in litigation proceedings and thus subject to legal professional privilege. The privilege belongs to the client (i.e. the lender) not the solicitors but if the documents are subject to privilege, the solicitor can claim they are exempted from the Data Protection Act.

 

I am trying to obtain a signed copy of my loan agreement, the lender can't supply one and they have said so. I am now trying to get all documents held on me by their solicitors, if they can't provide one then I was thinking of send an SAR to the court and land registry.

 

If none of the 4 parties above can provide me with a signed copy then do I have a case to remove the charging order on my home?

 

Before any one casts judgement on me "I will pay back every penny that owe" I just hate having this dark cloud hanging over my house and if there is a glimmer of hope of getting it removed, then I will try my best to do so.

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If none of the 4 parties above can provide me with a signed copy then do I have a case to remove the charging order on my home?

 

 

Highly unlikely. The original CCJ will stand - and whatever followed it. IMO your only hope would be to get the original CCJ set aside and there's little hope of that based on what you've said above.

 

Hope this helps.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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