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    Quick question for the legal experts

    Some of you may already know i'm currently involved in a bit of a legal scuffle with some(allegedly) dodgy builders

    anyway we think they may or may not have given a firm of solicitors copies of some letters we sent to them(the builders).
    Now comes the twist, we did receive one letter from their solicitors but our response seemed to scare them off, so this practice may not be the builders current solicitor.
    Is there anyway we can found out what letters(if any) of ours were given to those solicitors?
    is/are advance disclosure rules any use? as this is an ongoing case

    6 Comments

    Banned

    Mate, Send magicjay a pm.. he will advise you and always happy to help. hes abit of a legal buff.

    Original Poster

    thanks guys,
    dg i don't think he likes me, didn't respond to a pm or two i sent him ages ago, at his request iirc.

    dcx, did cross my mind but not sure if a letter to a builder constitutes "personal data" and really don't want to bluff it against a firm of solicitors...

    Original Poster

    from what i've turned up there doesn't appear to be any guaranteed way to use the DPA, the data held is not personal, if indeed they have any which is what i doubt...

    As far as I know they can show/give copies of your letters to as many solicitors as they like - as they might do if they were trying to explain the case to a new solicitor and get someone to take it on. In most cases there is no way you would know about it and nothing you can do about it.
    Any disclosure rules would only apply in the run up to an actual hearing date, and would be concerned with contracts and communication between you and the builder - that sort of thing rather than private communications between the builder and their solicitor.

    op do you have your own solicitor? if you do, they can write to your builders solicitors and request any/all information given to them by the builder, including any letters you may have written to the builder/or his solicitor
    they will then have to send copies over to your solicitor or if it goes to court any paper work not shared with your solicitor will be disregarded.

    we recently sued and won a case against our dodgy builder, full payout of the value of the house, including partial costs and interest.
    if i can help pm me

    Original Poster

    thanks guys, no no solicitor, trying to do it ourselves, don't think we will ever see any money back even when we win so trying to keep costs down so we can pay for the repairs needed.
    Actually what we are trying to show is the pattern of them failing to provide relevant material to their own aides.
    The initial letter from their solicitors was all bluff so i am assuming they had not handed in my offers of mediation etc
    Then they sent a surveyor round and his report also implies he had no knowledge of stuff i had already informed them of.
    The judge has already ordered, at a case management hearing, that he wants full disclosure which i took as a warning to them because they hi-jacked us with an "expert witness" report.
    We can deal with this folly but these guys are so crafty the detail of what is not being said or acknowledged may turn out to be important later.
    We are going to just contact the solicitors firm on mon in a friendly attempts at finding out what is on file, but hoped for a bit of leverage in case they won't play ball.
    if all fails i shall make an application to the court to obtain the file, got a hearing booked for March 1st.
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