I frequently embark upon information gathering procedures to reconstruct records.
A recent matter has led to my filing a complaint after a game of ‘cat and mouse’ broadly as follows:
I write in my capacity as XXX.
On XXX I emailed XXX to seek confirmation of the engagements in which it was instructed by the Company and for it to produce to me the files it had.
It appears that correspondence was overlooked and or ignored for around XXX months with subsequently unanswered follow up correspondence resulting. Please see attached the email conversations applicable.
Until XXX no response was forthcoming from XXX in any form. Instead of addressing the questions that it was obliged to answer, it appears to have started a game of ‘cat and mouse’ by asking questions instead of answering them. The questions XXX asked were otiose and not germane.
The situation then dragged on another couple of months with more follow up emails from me, when a further email sprouted on XXX from XXX, supposedly as a response. Again XXX went ‘off-piste’ and avoided answering the questions.
The correspondence appears to demonstrate XXX failure to properly engage with the enquiry that I made in XXX. The obligation on XXX was to engage with the issue that related to its instructions by the Company (a legal entity that I control as XXX) and not to conflate the matter with its separate involvement with other clients
The point of this referral to you is this – if XXX wanted to raise a dispute about entitlement as XXX to the files and records that it has, it was and is perfectly entitled to do that. However, the right way to approach the matter is to engage, not avoid. There is nothing stopping XXX asking other questions on behalf of other clients but that does not mean that they are a) entitled to answers and b) there is no entitlement to conflate separate matters to perpetuate the ‘avoidance’ referred to aforesaid.
I would be obliged if you could consider this matter from the vantage point of your conduct regulations pertaining to dealings with third parties, fairness and being straightforward.