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Lender Refusing Disclosure

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  • Lender Refusing Disclosure

    Sent our lender a request for Disclosure under CPR Rules, they have wrote back refusing to disclose.

    Which is not a big deal in itself, as I asked for disclosure of commissions recieved and paid.

    Was going to file a pre -action discovery with the court myself, but decided to let the lawyers deal with that now.

    Will be filing in my lawyers town (in england) for obvious reasons, however I have a few issues with some other banks and was wondering, about the equivalent action for such under the scottish legal system.

    Despite my best efforts I can find very little on pre -action discovery rules and process in scotland.

    If anyone can throw me a bone, pardon the pun, or point me in the direction of where to find out, I will be very much Grateful.

  • #2
    Re: Lender Refusing Disclosure

    Which CPR did you use as many OC's are now refusing to comply with CPR18.
    Another approach would be to use CPR 31.14.
    Have a read of this: Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage - Page 6 - The Consumer Forums

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    • #3
      Re: Lender Refusing Disclosure

      used CPR 31:16 (3)

      Comment


      • #4
        Re: Lender Refusing Disclosure

        CPR 31.14 only gives a right to disclosure and / or inspection of documents directly mentioned within pleadings etc, so only once a claim is issued can you rely upon that, of course if the claim is soooo poor like many where they do not plead the exsistence of a document such as a credit agreement then youre stuck as you cannot obtain disclosure

        however CPR 31.16 governs pre action issues and gives a right to disclosure of documents which eitehr damage or support your case
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

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