Transcript of Breaches 1.x see table "Summary ot facts of the dispute") Phone call date and time: 16t01t

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1 Transcript of Breaches 1.x see table "Summary ot facts of the dispute") Phone call date and time: 16t01t Hello Hello, Yes, Good evening, am I speaking with Mr Herman Yes My name is Hassan Abbas and I am calling from claims management company. How are you today. Good to hear, good to hear, courtesy call. Did you receive your legal expenses from the other company with regard to your car accident No That is the reason that I am calling you as you qualify for money, minimum 3000 one person, and the good thing is Mr Herman that for this money you don't have to go anywhere and you don't have to pay a penny by law. Everything that we are recovering from the other driver insurance company.?,got it. So I need to compulsory letter from you so that I can send statement from your address you can read the papers carefully and find them and send them back. So it is door number 8 Darby Crescent, Sunbury on Thames Middlesex TW16 SLB, Yep And by the way Mr Herman where were you going when this accident happened. Haven't you got that on your file. I am afraid that we just have a short brief from the survey department, we cannot accept all of the details without your permission. Have I already spoken with your survey department? You have already spoken to the survey department? I don't know, I don't know how this works, I am not, anylvay, I was coming home from Kingston. You were coming home from Kingston. The incident happened you were driving the car or like what happened. So I was in the right hand lane and the car behind me was in the left hand lane and misjudged it and hit my back quarter. Like hit your car from the back side. I got it. And do you remember the road name, on which road did the accident 7 happen to you. ) It was outside Hampton Court, Hampton court way I think it is called., and do you remember the exact date when this accident happened. It was last October, it was a Thursday, um, um, it was the 1oth of October I think. It was 1oth of October last year. Yeah You started turning, I got it. And what sort of car you was driving at the time of accident? I was driving my Toyota Aygo. Toyota Aygo, I got this a nice player. And can I have your car registration number Sir, so that I can get this mafter to the assessment. I- HVM H for Hotel, V for Victor, M for Mother, I got this car, let me check this car in my database stay with me on line. I got it, it is Toyota Aygo Blue, her car, yes? Yes Transcript of phone calls 16th Jan 2014 to 20th Jan 2014

2 And you are the main policy holder And you were alone in the car or for this car? Yeah were there witnesses with you at the time of accident? I was with my wife. Direct Line, I got it. And who repaired your car after the accident, it was your insurance company of the other driver insurance company? Your wife, I got it. So think thing is I don't know, I just dealt with my, and I got you as name FRAF like that, your wife is also qualifies insurance company, I don't know Herman. Can I have your full name for this compensation money. what happened. with the correct spelling? Did you pay any money to your R-R- Herman insurance? You guys were innocent, can I It is R- -C-H-A-R-D yes? have yourwife's full name with the There was a hundred pound correct spelling? excess or something I think. Yes,so um, er, That is your full name Herman? Can you please spell it for me for her name No A hundred pounds excess. Did you got your excess back? Yeah Rivka Herman No, nothing like that, so the liability was like 50/50, or like what Any middle name for your happened. Like the other driver did? Can you please spell it for me? he driver apologise to you? Not that luse. R- -V-K-A Yeah, yeah, yeah [6.001 No need to worry but I need to R- -V-K-A, Rivka Herman, yeah mention your full name on the So he apologised to you like you was in the right lane, he was like papemork so I need your middle name. Yeah you can say like totally roughly like er totally like upset so he hits your car from the back side. Frederick Alexander An name for her? Yeah, yeah F-R-E-D-R-I-C-K, Yes No Like he changed the line oryou Yeah Nothing, just Rivka Herman lgot it, changed the line and for me insurance company, you insure this car like for which It is Frederick Alexander Herman insurance company you insure this He changed the line, I was car? stationary. Yeah Direct Line the Kingston, and on the Transcript of phone calls 'l6th Jan 20141o 20lh Jan You was stationary on the like on

3 outside of Hampton Court Yeah and you was like in the right lane or right lane, in which lane was you stationary. The right lane You was standing in the right lane yeah Yeah And from which lane he came, from which line he came? From behind me backside yeah Yeah, year And you must exchange the detalls with the other driver as well? you can.. I can hold the line. Hold on. Just look through the files here. Take your time, take your time. [9.001 I think that I have got it here. lt is an um MA M for Mother, A for Alpha MAsTTWE 57TWE. Let me repeat, it is M for Well, I don't know about sports, but Jaguar silver M- -C-K, ok his name was Mike,S got it. And do you have his insurance name or insurance company and contact number or anything insurance? I will haveto look through the files again, hold on Check the forms Do you want me to have a look, hold on. I think AA or Royal Sun Alliance. It was AA or Alliance yeah? Or Royal Sun Alliance. I have got both written down here. Mother, A for Alpha, 5-7, 57,'l fot And you were just two persons in he hits your car from the Tango, W for whisky, E for echo. the car when the accident Yeah, well otherwise I would not have been able to um, um, well I suppose I might have been able to as it was comprehensive wasn't it. Do you remember the registration It's a Jaguar silver sports car year?h I have got it. lt was a man or a lady who was driving the car? Man no. for his car, do you remember the details? Um, I think he said his name was Mike I would have to go to look it up. lt was a silver Jaguar. It was a silver Jaguar. I can hold the line if you can go to get the registration no. lt is very helpful if Do you have his name or any contact number for this person? His name was Mike Mike something Transcript of phone calls 16th Jan 2014 to 20th Jan happened, you and yourwife? Yeah You and your wife. I got it. And Mr like Bender like Patrick like Bender and how old were you what is your date of birth? th of January 59 yeah? Yeah I got it. And what is the date of birth of your wife, Rivka Herman Um, um 15th of 5,'65, 15th og 5, '65, I got it, and the

4 most important thing Mr Patrick when the other driver hits your car your car was stationary due to the sudden jerk he hits your car smash your car what sorts of pain you suffer in the accident? Um Like when he hits your car did you go move fomard and backward it was short you suffer from any stiffness in your neck back pain shoulder pain lower back pain what sorts of pains you suffered from I was surprised as much as anything, and then it is dangerous getting out in the middle of the road. Um, I do go to visit osteopaths kind of generally, I have done it, um, I go to see osteopaths about my back you know all my life, since I was a teenager. all my gosh I am very sorry to hear that, that is why you are qualifying for the money by law section 17. You were innocent at the time of accident and it smash your car and you suffer from very like injury like back pain and are you still suffering from this kind of thing? I went to an osteopath last week, but I wouldn't know if it was connected to the um accident or not, I would not have thought so. And like you visit GP osteopath like it was your GP or like what? Osteopath Osteopath Osteopath for your back., osteopath for your back I got it. And do you have paper in handy I need to leave my complete details with you? yeah, go on. First right down the reference number, this is a most important thing this reference number is submitted by the system, it is J for Julia, W for Whisky, t , yeah And in the end its F for Freddie and K for Kilo ok, J-W F-K Yes, this is most important as a case reference number, do not talk with anybody until unless he provides you the same case reference number. This is a password between you and our company? What is your company, I missed it when you said it at the beginning. The company is swift claims,s-wl-f-t, swift claim Sorry, sorry, what is, swift S-W-l-F- T Yes, swift claims Swift like quick, swift claims And write down my number 4 contact number O DK not give these details to anybody, this is a password between You and your company like you tell them you cannot approach for Your back and for us to yeah and we can recover each and every legal expense don't you worry we are handling each and everything we are acting on your behalf. And do you have any alternate number so that I we can keep updating you do you have any mobile number? I don't normally give that out, I don't normally give that out. You don't normally give that out No, I am normally on this number, I work at home so I am here all the time like you normally on the same number Oh yeah I work at home. I am just looking at the internet here swift claims management, is that yourselves? Yes, it is swift claims, S-W]-F-T Swift claims management [13.54] It's er yeah we are based in south west London swift claims I am in south west London so it is not far away No need to worry so the thing is like that Mr Frederick your case has been accepted in the portal, the portal mean like the panel of solicitors so the thing is like that I Transcript of phone calls 16th Jan 2014 to 20th Jan 2014

5 am going to pass through your call to one of the most senior representatives he is our legal advisor what his work is going to double check not take too much time, after that he is going to post some papers on your address, just stay with me on line just hold on a second. {new voice} Thank you for holding this is Mohammed Ali, is this Mr Herman Your name is not Mohammed Ali is it, is that what you said? Yes Just the same as the boxer. Yeah, do you know he was a famous boxer, I am not a boxer. [15.00] Oh, wow, I have never come across anybody called the same name. Right, but you know my spelling also the same, spelling the same name as Mohammed Ali, but I am not a boxer, not that kind of, what you say, a legend person, but still I am an investigator, so regarding your accident, I want to make sure one thing that I believe you never signed any document before No, no, because the car was just dealt with and nothing else happened Right and you never made a claim for your personal sutfering? No, no, life carried on as normal, you know, I was surprised when I was hit, but not, nothing more than that. I am sorry to hear about this accident. But you know, the same thing happened to me as well, you know I stopped driving, very conscious as well, and er, can I know the reason why you did not pursue the claim for the injuries sir? Well, I had the car fixed, and that was it. I go, all my life I have gone to an osteopath about my back to have my back treated, but I wasn't, I wasn't, I did not connect that to the accident. Right, right, right. We got the report that after the accident you got a back injury and by UK law you are entitled for the compensation money, you and your passenger, so now let me tell you Mr Herman do you, were there separate compensations cheques in you and your wife's name, Mrs Rivka Herman. She has also got a bad back actually. Ooh, I am sorry to hear, the minimum compensation is because it was about 6 months, for more than 6 months you were sutfering, not 6 months, about 4 months you are suffering these pains so the quantum of compensation money will be most Oh, good, I went to the osteopath last week actually. Oh, right, went to the hospital as well 5 No, went to the osteopath about my back Yeah, and date of incident was 1oth of october Last year, yeah Yeah, got it, so you mind telling me what was the purpose of your journey, where were you going? 5 I was coming home from Kingston. Right, you were coming back to home from Kingston, and then what happened on the way, like, can you tell me? On the way back from Kingston outside Hampton Court the road goes into two lines going up to a roundabout, so the right lane goes right and the left lane goes straight on. But often there is more of a queue to go right, but I needed to go right to go home, so I was in the lane to go home and it was just stop start traffic going up to the roundabout, and the guy behind me, so the lane on the left was free, but that goes straight on, and the lane that I was with goes right, that was the guy behind me was in the same lane as that, and he wanted to, I don't know if he was in the wrong lane, or if he wanted to overtake or try to go around the roundabout more quickly or something, but he, instead of staying behind me, he pulled to the left, like to go into the left hand lane, to drive along the left hand lane, but he was too close to me, so his front right hand side hit my back left hand side. Got it, so we also got a report that you got hit from the back side and it was not your fault at all. Transcript of phone calls 16th Jan 2014 lo 20th Jan 2014

6 [18.40] Absolutely not, I was stationary, and he was changing lanes. I was looking in the mirror, I saw him do it. Right, and so by now you know that car who was behind you must have to get distance of one and half cars, so about you know you can say about like 10 to 12 foot, yards, must be the distance between the car that is behind. So they didn't like take that much distance, this is how he couldn't stop the car so in the end hit you from the back, this is why you end up with the compensation money, and I iust go through the details so like I need to confirm your address right. That's right so we are based in southwest -London, we are one of the best solicitors, we are experts in personal injury claims,and er I can assure you that you know within workings days, after once you have done the medical, now like you know once you sign the documents, let me the tell you the procedure Sir, how it works. -, Once you sign the documents we will start working on the case after getting the authority from your side, then we will arrange the medical for you, you don't have to pay for the phsyio right, the doctor will be on your own, you just have to mention about your injuries, once we got the medical report we will send this report to the third party insurance company, the other driver insurance and they will release the compensation cheque under your name to your address. [20.30] This is how it works. So after once you have done the medical it will take hardly working days. You will be compensated So how much money will I get for the accident. The minimum compensation starts from e2,000, because you know for a neck pain back pain you know, for the whiplash, the minimum compensation by law is about f2,000. As you are still suffering the compensation money will be more. There will be!2,500 or something like that. Let me assure you. My name is Mohammed Ali, make sure, that no need to talk with anybody no need to give details to anybody, swift claims is the one who is dealing with your claim so what we do, are you free tomorrow as I can arrange a home visit, the person can visit you along with the documents. 6 Yeah, I am here in the morning, not, um, lwill be here up until 10, and then here from about 11 until about 1. And what about the evening Sir, if you are available after 7 tomorrow. I might be out, I might be out. So what I will do Sir like You are what time you are available tomorrow. We are here in the morning, I might, I am at home all morning, somebody, I work at home, I am at home all morning, um, er, somebody is going to come around to pick something up from me about 10, so, um, but if you, but, well, you know, roughly speaking I will be in from 8.30 in the morning, well, I am at home but I get up about 8.30 through till about l, so somebody could come round anytime during that time. Between 11 to to 1 is perfect- That is. The person wll visit you between 11 and 1 tomorow and he will bring the paperwork. Like eh, asoms solicitors, asoms A-S-O-M.S A-S-O-M-S, asoms solicitors No no no no, sorry Sir, not that, so, Transcript of phone calls 16th Jan 2014 to 20th Jan 2014

7 sorry for the inconvenience, just let me check that flong pause], er, let me get the appointments here. And after the accident sir did you call the police as well? No, I didn't because we sorted it out ourselves, and I always had it in my head that the police don't come if there is nobody hurt, that the police are not interested is what I thought. Was I supposed to call the police?. Asoms solicitors are the one who is going to deal with, and make sure Sir that once you sign the documents the name will be mentioned on the top of the letters will be Asoms solicitors. A.S.O-M.S Asoms, A-S-O-M-S The guy who called before, whose name I have forgoften, said that he was from swift claims, so are they not the same thing, are they different, how does that work? Let me tell you Sir, you know, we got because personally what I want is because your case is a really straight forward case right, so what I can like you know think what I suggest that Asoms Solicitors are one of the best solicitors right, this is why I am addressing your case to Asoms solicitors, and I can assure you that they will do a better deal on your case and they will settle your claim within working days after once you have done the medical. So it is not something that you do yourselves We are doing it by ourselves. You are all together, you work all together Yes Sir, we are our panel solicitors, they are working in our panel., you are all part of the same system. Yes, let me tell you Sir. Swift Claims, this is a law firm, and Asons solicitors are one of the panel solicitors. We are a solicitors firm, right, a law firm, and Asons solicitors are one of our solicitors. Swift Claims, it is a law firm which deals with personal injury claims, RTA claims, you know, road traffic accident, and work related incidents you know and ditferent claims and you know slip and trip, you know, medical negligence, different types of claims. Your claim is RTA claim so it is going to be referred Asons solicitors, another firm of solicitors. So somebody from Asons solicistors will come around in the morning. Yes, they will come tomorrow to visit you, you just need to sign the documents, and after that they will start working on the case. You can sign the documents on your passenger's behalf, your wife as well, if she is not available you can sign the documents, if she is 7-7 available then it is good that shl signs the documents that will be you know, great The person will visit you and er do expect the call Sir and you know before coming before like you know going to visit to you they will triple check, they will give you a call to make sure that you are available, that it is to visit. Have you got an alternate number or so that I can write it down as well. I work at home so I am on this number the whole time. And won't you mind if you give me your mobile number. I don't normally give it out, I am home all the time, I don't Ijke using I Yeah, yeah, I can understand but sometimes like the landline doesn't work or like your know registration or technical problems out there, so like you know to be very honest we are not here to like bother you, but like for you know if the person is on the way and he could not get to you on the land line so you know it could be at a nightmare to reach of you. I am here all morning, I iust sit here at my computer at home, so I am sure it will be all right. Yeah, yeah, but I am saying that if there is any technical problem in the land line, something like that., the thing is, what is the other Transcript of phone calls 16th Jan 2014 lo 20lh Jan 2014

8 guy's name, I did not write it down, he gave me the number of so if I have got any problems I will call that from my, um, to let you know. And er, like er not a problem, that's thafs going to be, not a problem, but like any problem with a mobile number. lf I am not here I am definitely going to be here, but I am not here, then I will call that number to let you know, but I am going to be in, I know because I have got some papeuork to do, so I am going to do it. Not a problem, so the person who will visit you will be between 1 1 to 1, Do you know his name? Sorry, I don't know the person name, but I am sure that he will bring the papers for Asoms solicitors, I am sure about that. So have you got any questions, and queries so far? No, that all looks very good. Amazing Thank you, thank you for your cooperation Sir, thank you for your cooperation and I will make sure that things go smoothly, and if you have got any queries you can get back to me sir on 926 Which number? On , this is my direct dial Your direct dial. Yes Sir, and we are working 9-6, 9 in the morning until 6 in the evening.. [2s.30] Your are open I till 6,., when is this guy going to call to set it up, tonight or tomorrow morning? Might be call you tonight, or might be tomorrow, before coming. Thank you, thank you for your time. Thank you. Thank you. Have a good day. Thank you, good bye, Transcript of Breaches 2.x see table "Summary of facts of the dispute") Phone call date and time: 16t01t Hello Hi Good evening Herman, this is Mohammed Ali again, sorry for disturbing you, its like I hoped for legal advisor, right, and you know we got one of the best solicitors 8 who are near to your office as well, so you know the solicitors, they will ring you tomorrow about 10 o'clock, the signing time, between 1 1 to 1. They will call you between 10 to 1 1 the solicitors and the processing team, one of the you know members from the processing team, they will call you and the same procedure Sir, they will just go through the details because to make sure that there is no clerical mistake in the documents, and after that the person will like visit you, home visit the same thing. So he is going to call about '10 o'clock tomorrow from Asons Not from Asons, from yes. They are one of the same panel of solicitors and near to your home place. So it is not Asons anymore No, it will be solicitors will call in the morning So mention about your suffering as well because you know at the end of the day the compensation money matters on your statement. Yep So mention about your suffering and they will double check your details. So I need to talk about my Transcript of phone calls 16th Jan 2014 to 20th Jan 2014

9 suffering,. Yes. So good luck with your case, and have a nice day, I will keep in touch with you, keep in touch. Thank you for your cooperation Sir. Good bye, I can go to bed now. Good bye. Cheers Bye. Good night. Transcript of Breaches 3.x see table "Summary ot facts of the dispute") Phone call date and time: 17t01t Ruth Herman Hello [new voice] Hello, my name is Mathew, I am calling from a company called Response 360 INote that searching the internet, there is no website for such a companyl. I have been passed your details with regard to your personal injury. Ruth Herman Hold on, I will pass you to my husband Thank you Hello Hello Mr Herman, I am Mathew calling from a company called Response 360, I have been passed your wife and your details with regard to a Road Tratfic Accident. I was speaking to, I was speaking to a guy called Mohammed AIi who called me up last night and said that somebody from 360 would be calling. That's right, yeah. Because you are a firm of solicitors that he works for. We are not the solicitors, we are like a middle man, we appoint solicitors. That is the reason for my call really is to make yourself and your wife aware that shortly you will receive a call from solicitors called Solicitors.? Solicitors, yes. So um just to let you know. What I would like to do just to make it nice and clear so when someone calls that you know that you are speaking to the right person, is to set up a password on the system. ls there any particular word that would be of use, Basically if someone calls and you are not sure who to speak to, if they are the right people, because you do get lots of calls you can just say what's my password and they will use this word. Um, I don't know, well, the, I was given a case reference number by, um, Mohammed's colleague. [2.00] Yes, the solicitor's reference no. will be ditferent. Do I hear a piano in the background? I will put it as piano. Just in case, because you might find that somebody says 9 a Chloe, I am calling from Otan Olah I blah, and this is the, and it isn't the right people, and you can just say, what's the password, and they will say piano. Just to clear it up very quickly for you. lt is quite rare that they will actually speak to you on the phone, usually it is by post, but they will give you a call hopefully shortly. I think that Mohammed said yesterday that somebody from 360 would call this morning at 10 am which is what you have just done, near enough, and was going to come around this morning or something, is that right? Come round this morning? That is what he, um, Usually with paperwork to sign, they tell you that somebody would pop out this morning is a bit premature, as sometimes the papemork can take 10 minutes or 2 hours, so it is, yeah, a bit quick, but, er, I will tell you something for sure, the solicitors that I am putting you through, they deal with things quickly, so within a matter of a week or so you should have a letter to your office explaining everything and a doctor's appointment arranged, it usually takes a month or so, but they are very quick. As to somebody popping out to you so soon, I couldn't say., he said I think that somebody would call about 10 just to confirm that they were going to come round Iater this morning, because he wanted to know when I was going to be in today. So you have called, but, but now Solicitors are going to write, write, what Transcript of phone calls 16th Jan2014 to 20th Jan 2014

10 Well, they will write to you but they will probably give you a call as well just to say hello and to introduce themselves. Just to confirm the accident details, you were stationary and a vehicle hit from the rear of your vehicle, is that correct? Yes, from the rear left hand side. One second, just checking through the details making sure that I have everything. Do you know your national insurance number by any chance. I don't know when I have had to quote that. If you don't know it Where would I find it. lf you don't have a national insurance card, you can normally find it on wage slips for instance, things like that, um, not too sure, you would certainly have it in your house on things, financial things. lt is not something that I need, it is something that the solicitors need, but, um, I can still set your case up, and same for your wife as well, I would need her national insurance number, but lcan still set your case up and you can provide it at a later date, that is really not a problem. So they would know it at work would they, they would have to have known it there would they. Yeah, absolutely Like you go along to your doctors, and you just get an appointment, they don't know who you are to treat you, but you don't have to prove that you are resident locally or anything. It is to register it on what they call the portal system is what they need it for. But even your doctor, if you call your doctors, they would have your national insurance number if you have trouble finding it. lt is the way that you are listed on the system and generally that is how they identify you. I do believe that I have all of the details that I need. lf I do need anything I will give you a quick call back. I will let the solicitors know to give you a call straight away. lf they call you straight away, that means once they have spoken to you that they can generate the paperwork straight away and get somebody out to you soon. Hold on, so what happens next, I get posted something or somebody comes out? I have got confused with what Mohammed Ali sa;d yesterday. t6.001 Well, somebody will come out to you, that is for the signing, so for your wife and yourself, there will be papemork for you to sign to allow the sollcitors to do their job, and what happens after that is that you will receive a medical appointment, both your wife and yourself will be at the same time, and you just go to this medical, and you talk to a doctor, that is how it works, and that tells the doctor tells the solicitors what he thinks, and the solicitors know how much to claim for, Personal injury itself, typically is anywhere up to about e3000 for the injuries that I see you've got. Do you work at the moment, are you currently working? Kind of work from home a lot. 10 t- IU lf you find that you have a loss of earnings, if you have to take medications or prescriptions, any financial loss due to the accident, if you can keep some sort of record, and let the solicitors know, it is called uninsured losses. So if You have 3000 personal injury and you suffer!500 losses, then you get 3500 you see. I will let the solicitors explain that, it ls only a quick call, quicker than the call that I have given you myself. They will just confirm that the name and address is correct, that you are happy to make a claim, and will take it from there, it is a couple of minutes and they will send you out a letter and a doctor's appointment.so, all right? lf you do need anything by the way, do feel free to call Mr Mohammed Ali there that you have spoken to, or your solicitors as well. What number? lt says here , is that right for you. I am not sure of this telephone number I am afraid, I don't deal with him on a daily basis, some of the staff do but I don't. Have you got pen and paper with you? I will give you my name and number as well, so if you need anything you can always call me. My name is Mathew, and the company is Response 360. Response 360 That's right, yeah. And the telephone no. is Transcript of phone calls 16th Jan 2014 to 20th Jan 2014

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