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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the defendant in a fast track case about a perceived net

Customer Question

I am the defendant in a fast track case about a perceived net debt relating to a series of banking transactions.
I no longer have possession or access to my bank statements that may have information to refute this case. The claimant, my ex business partner, has admitted taking possession of my bank statements from my desk at work whilst I was working my notice period following my resignation. The claimant is using a single page from his own bank statement to illustrate a single banking transaction which in isolation would support his claim. The claimant has ignored my requests for the return of my bank statements and is now claiming that he disposed of them. Is there anyway I can use disclosure procedures to force the claimant to provide copies of his own bank statement that represent the full history of all transactions between us?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do you know which bank they were with? Can you not ask for a replacement please?

Customer:

I can no longer get access to my own online bank statements which is why I am asking the question. "Is there anyway I can use disclosure procedures to force the claimant to provide copies of his own bank statement that represent the full history of all transactions between us?"

Alex Watts :

Dont you know who the previous bank was? Can you not write and ask for copies under the Data Protection Act please?

Customer:

No disrespect intended but your line of responses is not helping as it is not addressing the question that I placed/I know who that bank is however it is an online bank, the account was closed in early 2013, I no longer have access to it and cannot recall the security information that was set up. Please, I do not require help solving this problem.

Alex Watts :

You need to use form n244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

Apply to the Court for an Order for specific disclosure

Alex Watts :

The Court will list the matter for a hearing and decide whether to grant disclosure

Alex Watts :

Documents that assist or substantially undermine a case are those which are discloseable

Alex Watts :

Therefore if it falls into this and it is not being disclosed you can apply for an Order.

Alex Watts :

If the order is granted you can ask for your costs

Alex Watts :

The rule is contained here:

Alex Watts :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Really good advice thanks.

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Happy to help.