SAR Paperwork Received

ScaredWitless

I've received today a very lengthy pile of paperwork from MBNA in relation to the SAR.

I have some concerns and would like some advice.

The following documents are missing:-

a) Notice of Assignment
b) Deed of Assignment
c) Copy of original default notice - they are claiming they don't keep them

I can see from the Notes when the default notice was created and sent, however I would not have received this as I was under an IVA at the time and creditors are barred from contacting you when your on an IVA.

I under that "Lord Denning states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract."

When I spoke to MBNA they told me on the phone yesterday that any Notice or Deed would be included but it is not.

How do I proceed with this matter please as I feel the SAR is incomplete!?

sourcrates

Hi,

It would appear we have already had this dance once, but to answer your questions, again :

(A) Notice of assignment - yes i would of thought that should of been included.

(B) Deed of assignment - No, the deed of assignment is a document put before a court which contains other debtors details, as well as your own, you have no entitlement to see this document, as it would breach data protection rules.

(C) Copy of default notice - this in itself is not a serious breach of the regulations, and can easily be remedied by the sending of another notice.

Only A would be worthy of a complaint.

PixelPound

What are you wanting from doing the SAR, as it can be quite a blunt tool. People think "just give me everything" and end up with lots of correspondence. You also have to remember they probably use templates to send default letters etc, so may well not keep copies of the original. There must be something you are hoping to prove or show?

Or is it to simply try every single avenue to avoid paying, which is an option. After all either they can prove to your satisfaction where you may pay, or they cannot in which case is can they prove it to a courts satisfaction, should they wish to go that far.

The reason why some people are annoyed is because there is a difference between helping someone defend a debt which isn't theirs, or a debt which is theirs but they cannot pay, and someone who can pay but simply trying every route to avoid it. I don't know which one you are, but maybe people have made up their minds which they think it is.

Remember this is a public forum and opinions vary, other people may have opinions which differ from yours, they have as much right in expressing them as you do posting, so if people are sick of the threads they don't have to read or comment, but similarly if they do, so long as they don't break forum guidelines, you can't stop them, it isn't "your thread". Maybe everyone just needs to take minute before posting.

ScaredWitless

nic_c wrote: »

What are you wanting from doing the SAR, as it can be quite a blunt tool. People think "just give me everything" and end up with lots of correspondence. You also have to remember they probably use templates to send default letters etc, so may well not keep copies of the original. There must be something you are hoping to prove or show?

Or is it to simply try every single avenue to avoid paying, which is an option. After all either they can prove to your satisfaction where you may pay, or they cannot in which case is can they prove it to a courts satisfaction, should they wish to go that far.

The reason why some people are annoyed is because there is a difference between helping someone defend a debt which isn't theirs, or a debt which is theirs but they cannot pay, and someone who can pay but simply trying every route to avoid it. I don't know which one you are, but maybe people have made up their minds which they think it is.

Remember this is a public forum and opinions vary, other people may have opinions which differ from yours, they have as much right in expressing them as you do posting, so if people are sick of the threads they don't have to read or comment, but similarly if they do, so long as they don't break forum guidelines, you can't stop them, it isn't "your thread". Maybe everyone just needs to take minute before posting.

Thank you for your kind reply.

There was a number of reasons I wanted the information.

I wanted to establish when the default notice was sent because Max Recovery was giving a different date on the credit file.

The Notice of Assignment was NOT provided with the SAR I would have thought this would have bee included.

I need the information in order to defend against when I receive a blue form through.

It has made interesting reading when the account was sold to Max Recover, there is only notes, nothing concrete proof though.

I understand when you get a blue claim form through you can do whats called a CRP31 request for documentation, how can I request paperwork if its not there!?

PixelPound

ScaredWitless wrote: »

Thank you for your kind reply.

There was a number of reasons I wanted the information.

I wanted to establish when the default notice was sent because Max Recovery was giving a different date on the credit file.

The Notice of Assignment was NOT provided with the SAR I would have thought this would have bee included.

I need the information in order to defend against when I receive a blue form through.

It has made interesting reading when the account was sold to Max Recover, there is only notes, nothing concrete proof though.

I understand when you get a blue claim form through you can do whats called a CRP31 request for documentation, how can I request paperwork if its not there!?

As I said SAR can be a blunt instrument and often just notes will be given, unless you request what you are wanting.

They probably could reconstitute a default notice, and whilst this can then be used to get MaxRecovery to change the date they used, it won't stop the debt been owed. Are you looking for a technicality in the NoA - I guess because it has been done previously (getting out of the debt because of an incorrect NoA, e.g. name) .

If you were under an IVA, then the default and NoA could have been sent to the third party that you had agreed to negotiate on your behalf. Are you thinking that if it was sent to them and not you, you are any less liable?

StopIt

So, if this went to court, A&B would be needed.


A should be provided to you, B will not be, and C has been waved through at court enough times to be a non factor.


I've said this before and I'll say it again. Until a court claim is issued, you're literally wasting your time. The only arbiters that matter in this case will be the courts, and if it gets to that stage, you'll need to seek legal advice about your specific circumstances with regards to potential defences.


Until then, you're fighting nothing, and I do mean literally.


If and when you receive a Letter of Claim, deal with it accordingly. You never know they may even correct a few errors along the way, but if not, it leaves room for a defence.