Obtaining Advisers' Files (update re Costs) – responding if there is reluctance to assist you …

My earlier posting on this subject indicated as a first step the way you might look to obtain files from former (or even current) advisers.

So what happens if for example you find yourself encountering any reluctance on the part of the advisers to provide you with that which you have requested. The below is a suggested template letter in response which may be relevant (subject to the terms of an engagement) when there appears some reluctance on the grounds of costs, such as those connected to retrieval or copying charges in relation to the files:

Dear Sirs

INSTRUCTIONS IN RELATION TO [NAME COMPANY / INDIVIDUAL]

Thank you for your letter dated [INSERT DATE] in response to my letter requesting your files and data for the above matter(s).

I note you have submitted that I am required to pay your charges connected to the retrieval and or copying of the files.

I have requested information and documentation which I appear to own and therefore I understand that I ought to have the right to possession of the same.

I have not requested copies of the files, I have requested that you produce to me the originals. Therefore if you are copying the files for your own purposes you are of course at liberty to do so but at your expense save if indeed you can evidence otherwise to me.

In relation to retrieval costs (if any were to apply) then you may appreciate that my now taking possession of the originals will save you the associated overhead costs and accordingly therefore it does not appear that such costs (unless you can evidence otherwise) would apply to me.

If indeed you now are prepared to recognise my entitlement to the files please forward the same to me at your earliest convenience.

I look forward to hearing from you.

Yours faithfully


[NAME AND CAPACITY IN WHICH SIGNING]

DISCLAIMER

The aforesaid is not legal advice and is not to be relied upon as such. No liability is accepted by the writer for any reliance placed on the same.

The circumstances of your case may not fit the aforesaid generic suggested response which is afforded for information purposes only.

If you have a specific query then you should seek independent legal advice on the same.

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