Lender Refusing Disclosure

[Incipience]

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.

[Curlyben]

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

[Incipience]

Re: Lender Refusing Disclosure

used CPR 31:16 (3)

[pt2537]

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