,t.t.lg carr:-7 { (0"r. t" tu^ m*,

Transcription

1 ,t.t.lg carr:-7 { (0"r. t" tu^ m*,

2 .l,/- ll \ \U ror'y' i vr,r,

3 7\\.tc f.rr, tl^**b f \c-)\t: /*,,., \.0"'" 'tir\-

4 1t-p CONDTONAL F AGRMNT AND CONDTONS (Pursuant To Th Lgal Sntncing And Punishmnt Of Offndrs Act 2012 And Th Conditional F Agrmnts Ordr 2013) ngland And Wals Agrmnt Dat: W, th solicitor/s Solicitors Ltd You, th clint MrfHrman This agrmnt is a binding lgal contract btwn you and your solicitor/s. Bfor you sign, plas rad vrything carfully. This agrmnt must b rad in conjunction with th Schduls and th Law Socity Conditions attachd. What is cov6rd by th Agrmnt o Your claim against Mr Mick or any othr party who subsqunfly pays damags for prsonal injury to you or is considrd liabl as a rsult of th accidnt suffrd on , or on any othr dat that subsquntly transpirs, from th sam caus of action.. Any application for pr-action or non-party disclosur. Any appal you mak against an intrim ordr or an assssmnt of costs.. Any procdings you tak to nforc a judgmnt, ordr or agrmnt.. Any appal by your opponnt.. Ngotiations about and/or a court assssmnt of th costs of this claim. What is not covrd by this Agrmnt. Any appal you mak against th finaljudgmnt ordr.. Any countrclaim against you. Paying u6 if you win lf you win your claim, you pay our basic chargs, our xpnss and disbursmnts and a succss f togthr with th prmium for any insuranc you tak out. You ar ntitld to sk rcovry from your opponnt of part or all of our basic chargs and our xpnss and disbursmnts, but not th succss f or any insuranc prmium. Th ovrall amount w will charg you for our bastc chargs, succss fs, xpnss and disbursmnts is limitd as st out in Schdul 2 blow. t may b that your opponnt maks a formal offr to sttl your claim which you rjct on our advic, and your claim for damags gos ahad to trial whr you rcovr damags that ar lss than that otfr. lf this happns, w will not add our succss f to th basic chargs for th work don aftr w rcivd notic of th offr or paymnt. ln ths circumstancs, you may b ordrd to pay your opponnt's costs, but only up to th amount of damags and intrst awardd to you. You can insur against having to pay ths costs. xpnss and Disbulmnts lf you rciv intrim damags, w may rquir you to pay our xpnss and disbursmnts at that point and a rasonabl amount for our futur xpnss and disbursmnts. lf you rciv provisional damags, w ar ntitld to paymnt of our basic chargs, our xpnss and disbursmnts and succss f at that point. lf you win ovrall but on th way los an intrim haring, you may b rquird to pay your opponnt's chargs of that haring, but usually only up to th amount of damags awardd to you. a Srnl\^, $r'" rrp; *lr t^clll V YN 'Y"

5 1v lf on th way to winning or losing you ar awardd any costs, by agrmnt or court ordr, thn w ar ntitld to paymnt of thos costs, togthr with a succss f on thos chargs if you win ovrall. What do pay if los? lf you los you will normally hav th bnfit of Qualifid On-Way Cost Shifting so th court will not usually nforc an ordr for costs against you, unlss:. th procdings hav bn struck out; or. th claim is fundamntally dishonst; or. th claim includs a claim for th financial bnfit of somon ls. lf you los, you do not pay our chargs but w may rquir you to pay our xpnss and disbursmnts. You can insur against having to pay ths costs. Th Succss F Th succss f is st out in Schdul 1. Basic Chargs Dtails of our basic chargs ar st out in Schdul 2. nding this agrmnt lf you hav a right to cancl this agrmnt undr Schdul 3 (s blow) and do so within th 7 day tim limit, you will pay nothing, OthMis if you nd this agrmnt bfor you win or los, you pay our basic chargs and xpnss and disbursmnts. lf you go on to win, you also pay a succss f. W may nd this agrmnt bfor you win or los, with th consquncs st out in th Law Socity Conditions. Othr points Dfinitions of words usd in this CFA ar xplaind in th Law Socity Conditions. You hav th right to cancl this agrmnt in th circumstancs st out in Schdul 3. W add VAT, at th rat that applis whn th work is don, to th total of th basic chargs and succss f. Our VAT Rgistration Numbr is You ar allowd to tak out an insuranc policy against th risk of paying xpnss and disbursmnts (but not our chargs) if you los, or som or all of your opponnt's costs vn if you win. You will b rsponsibl for paying th insuranc prmium for this if you win. lf you los th prmium is not payabl. Full dtails ar containd in th insuranc policy documnts and also Schdul 4. Th partis acknowldg and agr that this agrmnt is not a Contntious Businss Agrmnt within th trms of th Solicitors Act SGNATURS Rf: 17544lCBlCB

6 FORM OF AUTHORTY FOR TH RLAS OF MDCAL RCORDS Vcs^ta. -t t )b Hospital Rcords To: Th Mdical Rcords Dpartmnt Hospital: Addrss: Gnral Practitionr To: Doctor: Addrss: GP Tlphon No: Patint Dtails Nam of patint: Hrman Addrss Dat of Birth: National lnsuranc No: Addrss to whr rcords should b snt: Solicitors Ltd l, Mr Frdrick Alxandr Hrman, hrby authoris you to rlas to th abov copis of all nots, rcords and x-rays hld by you in rlation to tratmnt of m following an accidnt on th:- Dat of Accidnt: 1Oth Octobr 2013 and all my pr-accidnt mdical documntation also. confirm that no action is intndd against th Practic or Hospital, its Srvants or Agnts. SGND: DATD: THS RCORDS AR RQUSTD PURSUANT TO TH ACCSS TO HALTH RCORDS ACT 1990 Any invoics in rlation to th production of ths rcords should b snt to Solicitors Ltd

7 T Schdul { Succss f Th succss f is st at 100% of our basic chargs Th succss f prcntag rflcts th following: (a) th fact that if you los, w will not arn anything; (b) our assssmnt of th risks of your cas; (c) any othr appropriat mattrs; (d) th fact that if you win w will not b paid our basic chargs until th nd of th claim; () our arrangmnts with you about paying xpnss and disbursmnts, namly that w w,ll fund ths during th claim. (f) th arrangmnts about paymnt of our costs if your opponnt maks a Part 36 offr or paymnt which you rjct on our advic, and your claim for damags gos ahad to trial whr you rcovr damags that ar lss than that offr or paymnt. Th Succss F cannot b mor than 100% of th basic chargs in total. Cap on th amount of Succss F which you will pay us in th vnt of Succss in procdings at fir5t instanc Thr is a maximum limit on th amount of th succss f which w can rcovr from you. That maximum limit is 25% of th total amount of any: (i) gnral damags for pain suffring and loss of amnity; and (ii) damags for pcuniary loss, othr than futur pcuniary loss; which ar awardd to you in th procdings covrd by this agrmnt. Th maximum limit is applicabl to ths damags nt of any sums rcovrabl by th Compnsation Rcovry Unit of th Dpartmnt of Work and Pnsions. Th maximum limit is inclusiv of any VAT which is chargabl. Th maximum limit includs any succss f payabl to a barristr who has a CFA with us. Howvr, this maximum limit applis only to a succss f for procdings at first instanc and not to a succss f on othr procdings (such as, for xampl, an appal against a final judgmnt or ordr). W will provid you with a copy of any rlvant judgmnt or of our calculation of any sttlmnt showing how much of your damags should b attributd to Gnral Damags and Past Pcuniary Loss, nt of any sums rcovrabl by th Compnsation Rcovry Unit. You also hav th right to apply to th court for assssmnt of our costs, including our succss f.

8 ,-1 /1 5D Schdul 2 Basic chargs Ths ar for work don from now until this agrmnt nds. Ths ar subjct to rviw. How w calculat our basic chargs Ths ar calculatd for ach hour ngagd on your mattr. Routin lttrs and tlphon calls will b chargd as units of on tnth of an hour. Othr lttrs and tlphon calls will b chargd on a tim basis. Th hourly rats ar: Hourly Rat 1. Solicitors with ovr ight yars post qualification xprinc including at last ight yars litigation xprinc. Grad of F arnr 2. Solicitors and lgal xcutivs with ovr four yars post qualification L xprinc including at last four yars litigation xprinc. 3. Othr solicitors and lgal xcutivs and f arnrs of quivalnt xprinc 4. Train solicitors, para lgals and othr f arnrs W rviw th hourly rat in Ocmbr ach yar and w will notify you of any chang in th rat in writing. Th abov rats ar st by Guidlin hourly rats by th rcommndation from th Advisory Committ on Costs. Fixd Fs/Costs Th abov hourly rats may not apply if your claim is subjct to a spcific fixd f arrangmnt agrd btwn us. lf a spcific fixd f arrangmnt has bn agrd with you it is st out blow and that f plus xpnss payabl by you will b th amount of lgal costs payabl by you lss any amount rcovrd from your opponnt. Spcific Fixd F Arrangmnts Road Traffic Accidnts, Public Liability Accidnts and mployrs Liability Accidnts whr th valu of your claim is btwn f1, and f25, will b subjct to th Ministry of Justic Fixd Rcovrabl costs rgim.

9 ]q Schdul 4 Th insuranc policy ln all th circumstants and on th information currntly availabl to us, w bliv that a contract of insuranc with Financial & Lgal is appropriat to covr your opponnfs chargs and disbursmnts in cas you los. This is bcaus w fl that such an insuranc policy with Financial & Lgal will atford you adquat covr for th purpos of your prsonal injury claim, as wll as bing on of th most comptitivly pricd in th marktplac. Significant Faturs and Bnfits Lgal Costs and Disbursmnts Covr is providd up to 25,000.00, if you los your claim and hav to pay your opponnfs costs and disbursmnts as wll as your solicitors own disbursmnts. lnsuranc Prmium Covr is providd to pay your insuranc prmium if you do not rcovr any damags or compnsation. Right to Cancl You hav th right to cancl th policy at any tim. Road Traffic Accidnt Policy Cost of Policy C74.20 mployrs Liability Policy Cost of Policy t Public Liability Policy Cost of Policy f ln addition w hav alrady ascrtaind that you do not hav th bnfit of Bfor th vnt insuranc covr. ln th vnt you alrady hold Lgal Covr, plas fomard copis of your policy documnts so that may chck to s if this covrs you for this accidnt. W ar not howvr insuranc brokrs and cannot giv advic on all products which may b availabl. Any corrspondnc to Financial and Lgal should b addrssd to: No. 'l Laksid Chadl Royal Businss Park Chadl SK8 3GW

10 Qo LAW SOCTY CONDTONS Th Law Socity Conditions blow ar part of this agrmnt. Any amndmnts or additions to thm will apply to you. You should rad th conditions carfully and ask us about anything you flnd unclar. 1. Our rsponsibilitis W musti. Always act in your bst intrsts, subjct to our duty to th courtj. xplain to you th risks and bnfits of taking lgal action;. Giv you our bst advic about whthr to accpt any offr of sttlmnt;. Giv you th bst information possibl about th likly costs of your claim for damags. 2. Your rsponsibilitis You must :. Giv us instructions that allow us to do our work proprly;. Not ask us to work in an impropr or unrasonabl way;. Not dlibratly mislad us;. Co-oprat with us;. Go to any mdical or xprt xamination or Court haring. 3. Daling with costs if you win. you ar liabl to pay all our basic chargs, our xpnss and disbursmnts and th succss f (up to th maximum limit) togthr with th prmium of any insuranc policy you tak out. o Normally, you can claim part or all of our basic chargs and our xpnss and disbursmnts from your opponnt,. You provid us with your irrvocabl agrmnt to pursu such a claim on your bhalf. Howvr, you cannot clarm from your opponnt th succss fs or th prmium of any insuranc policy you tak out,. lf w and your opponnt cannot agr th amount, th court will dcid how much you can rcovr. lf th amount agrd or allowd by th court dos not covr all our basic chargs and our xpnss and disbursmnts, thn you pay th diffrnc. o You, not your opponnt, pay our succss f and any insuranc prmium.. You agr that aftr winning, th rasons for sfting th succss f at th amount statd may b disclosd to th court and any othr prson rquird by th court.. lf your opponnt is rciving Community Lgal Srvic funding, w ar unlikly to gt any mony from him or hr. So if this happns, you hav to pay us our basic chargs, xpnss and disbursmnts and succss f. W ar allowd to kp any intrst your opponnt pays on th chargs. You agr to pay into a dsignatd account any chqu rcivd by you or by us from your opponnt and mad payabl to you. Out of th mony, you agr to lt us tak th balanc of th basic chargs; succss f; th insuranc prmium; our rmaining xpnss and disbursmnts; and VAT, You tak th rst. lf your opponnt tails to pay monis du to you lf your opponnt dos not pay any damags or chargs owd to you, w hav th right to tak rcovry action in your nam to nforc a judgmnt, ordr or agrmnt. Th chargs of this action bcom part of th basic chargs. 4, Paymnt for advocacy

11 (1 Th cost of advocacy and any othr work by us, or by any solicitor agnt on our bhalf, forms part of our basic chargs. W shall discuss with you th idntity of any barristr instructd, and th arrangmnts mad for paymnt. Banistrs who hav a conditional f agrmnt with us lf you win, you ar normally ntitld to rcovr thir f from your opponnt, but not thir succss f. Th barristr's succss f is shown in th sparat conditional f agrmnt w mak with th barristr. You must pay th barristr's succss f shown in th sparat conditional f agrmnt w mak with th barristr. W will discuss th barristr's succss f with you bfor w instruct him or hr. lf you los, you pay th barristr nothing. Baristrs who do not hav a conditional f agrmnt with us lf you win, thn you will normally b ntitld to rcovr all or part of thir f from your opponnt. lf you los, thn you must pay thir f. 5. What happns whn this agrmnt nds bfor your claim for damags nds? (a) Paying us if you nd this agrmnt You can nd th agrmnt at any tim. Unlss you hav a right to cancl this agrmnt undr Schdul 3 and do so within th 7 day tim limit w thn hav th right to dcid whthr you must:. pay our basic chargs and our xpnss and disbursmnts including barristrs' fs but not th succss f whn w ask for thm; or o pay our basic chargs, and our xpnss and disbursmnts including barristrs'fs and succss fs if you go on to win your claim for damags. (b) Paying us if w nd this agrmnt (i) W can nd this agrmnt if you do not kp to your rsponsibilitis. W thn hav th right to dcid whthr you must:. pay our basic chargs and our xpnss and disbursmnts including barristrs'fs but not th succss f whn w ask for thm; or. pay our basic chargs and our xpnss and disbursmnts including barristrs' fs and succss fs if you go on to win your claim for damags. (ii) W can nd this agrmnt if w bliv you ar unlikly to win. lf this happns, you will only hav to pay our xpnss and disbursmnts. Ths will includ barristrs' fs if th barristr dos not hav a conditional f agrmnt with us. (iii) W can nd this agrmnt if you rjct our opinion about making a sttlmnt with your opponnt. You must thn: o pay th basic chargs and our xpnss and disbursmnts, including barristrs' fs;. pay th succss f if you go on to win your claim for damags. lf you ask us to gt a scond opinion from a spcialist solicitor outsid our firm, w will do so. You pay th cost of a scond opinion. (iv) W can nd this agrmnt if you do not pay your insuranc prmium whn askd to do so. (c) Dath This agrmnt automatically nds if you di bfor your claim for damags is concludd. W will b ntitld to rcovr our basic chargs up to th dat of your dath from your stat. lf your prsonal rprsntativs wish to continu your claim for damags, w may offr thm a nw conditional f agrmnt, as long as thy agr to pay th succss f on our basic chargs from th bginning of th agrmnt with you. 6. what happns aftr thia agrmnt nds

12 Aftr this agromnt nds, w may apply to hav our nam rmovd from th rcord of any court procdings in which w ar acting unlss you hav anothr fom offunding and ask us to work br you. W hav $ right to prcsrv our lin unlss anothr solicitor working for you undrtak* b pay us what w ar o d including a succ ss f if you win.

13 b1l xplanation of worda usd lal Advocacy: Apparing for you at court harings. (b) Basic chargs: Our chargs for th lgal work w do on your claim for damags as st out in Schdul 2. lcl Claim: Your dmand for damags for prsonal injury whthr or not court procdings ar issud. (d) Countrclaim.'A claim that your opponnt maks against you in rspons to your claim. () Damags: Mony that you win whthr by a court dcision or sttlmnt. (f) Our xpnss and disbursmnts,' Paymnts w mak on your bhalf such as:. court fsi. xprts'fs;. accidnt rport fs;. travlling xpnss. lgl lntrlm damags: Mony that a court says your opponnt must pay or your opponnt agrs to pay whil waiting for a sttlmnt or th court's final dcision. lhl lntim hfing.'a court haring that is not final. (i) Lin: Our right to kp all paprs, documnts, mony or othr proprty hld on your bhalf until all mony du to us is paid. A lin may b applid aftr this agrmnt nds. 0) Los.' Th court has dismissd your claim or you hav stoppd it on our advic. (kl Formal Offr fo Stt ; An offr to sttl your claim mad in accordanc with Part 36 of th Civil Procdur Ruls. lll Provisional damags: Mony ihat a court says your opponnt must pay or your opponnt agrs to pay, on th basis that you will b abl to go back to court at a futur dat for furthr damags if: o you dvlop a srious disas; or o your condition dtriorats; in a way that has bn provd or admiftd to b linkd to your prsonal injury claim. (ml Qualifid On*Way Cost Shfting: Th ruls in rspct of costs payabl if you los a prsonal injury claim st out in [Part 44 Sction ll of th Civil Procdur Ruls. (n) Succss f; Th prcntag of basic chargs that w add to your bill if you win your claim for damags (o) Trial: Th final contstd haring or th contstd haring of any issu to b trid sparatly and a rfrnc to a claim concluding at trial includs a claim sttld aftr th trial has commncd or a judgmnt. (p) Win: Your claim for damags is finally dcidd in your favour, whthr by a court dcision or an agrmnt to pay you damags or in any way that you driv bnfit from pursuing th claim. 'Finally' mans that your opponnt:. is not allowd to appal against th court dcision; or. has not appald in tim; or. has lost any appal.

14 Notic of Right to cancl this Agrmnt Schdul 3 This only applis if you sign th Conditional F Agrmnt: (i) At your hom, workplac or at somon ls's hom; or (ii) At our offics but following a visit by us (or by somon acting on our bhalf) to your hom, workplac or somon ls's hom; or (iii) At our offics but following a mting btwn us away from our offics. You hav th right to cancl this contract if you wish and can do so by dlivring, snding (including lctronic mail) a cancllation notic to th prson mntiond blow at any tim within 7 days starting with th day of rcipt of this Notic. (Complt, dtach and rturn this form ONLY lf YOU WSH TO CANCL TH CONTRACT) To: Mr Barri Solicitors Grov Hous Wilmslow Road Wilmslow Road Manchstr M2O 2DR hrby giv notic that wish to cancl this Agrmnt covring my claim against Mr Mick for an accidnt suffrd on th '10/10/20'1 3, or on any othr dat that subsquntly transpirs, from th sam caus of action. Rf: 17544lCBlCB

15 qy 24lh January 2014 Mndl 1 SOLCTORS LTD Hrman Our Rf: 17544lCBlCB Dar Mr Hrman R: Your accidnt on 1Oth Octobr 2013 Plas not th third party hav rqustd th following information - 1. Nam and addrss of th third party drivr. 2. Vhicl rgistration of th third party vhicl. 3. Mak modl and colour of th third party vhicl. 4. Dscription of th drivr of th third party vhicl. 5. How dtails wr xchangd following th accidnt. would apprciat it if you could rturn this to m as soon as possibl. Yours sincrly Miss Chlo Boon Solicitors Ltd Dirct Dial: mail: c.boon@mndll-solicitors.co. uk ffitffi Wilmslow Road, Grov Hous, Manchstr, M20 2DR t: f: g: nquiris@mndll-solicitors.co.uk www-mndll-solicitors. co.u k SRA ld: Rgistrd Numbr: Rgistrd Addrss: Wilmslow Road, Grov Hous, l\itanchstr, M20 2DR Rgistrd in ngland Dirctor: B Rgulatd by th Solicitors Rgulatory Authority

16 _ Transcript of Brachs 14.x s tabl "Summary ot facts of th disput") Phon call dat and tim: Hllo Hi, good morning, is this Mr Hrman, it is m, Mohammd, how ar you? OK thanjks Good to know, you ar wlcom, just a courtsy call about th car accidnt that happnd to you and Rivka. Did th sign up gnt com ystrday, did h com down? Ys, a guy cam round who gathr workd for 360 Rspons or Rspons 360 whatvr it was. H cam round with th paprwork from Solicitors. Solicitors, ys. Thy had alrady snt m som stuff -n th post actually, which had got, thy did not put on my study dsk at hom, so it was not clar that thy had com, but noticd latr that thy had alrady snt somthing, from thm, and th, um, h happnd; sorry, go on. Sorry, plas carry on. But th guy happnd to com, h had a, a guy was hr for a mting to do with work, so did not hav much tim, and it is quit a lot of papmork that h snt m, so askd him if w, if could rad it latr and post it back, and h chckd from sombody from his mobil, from his offic, and thy said it was OK to post back to that addrss up in Wilmslow for thm. Lt m just chck th addrss hr for thm. lt is on th paprwork thy gav m. hav th addrss t is on th bits of paprwork h gav m. Sur Snd it back to... it is going to b on th last on isn't it. Snd it back to... Snd it back to Solicitors, Grov Hous, Wilmslow Road Manchstr, M20 2DR, is that right? Ys, this is th right on. Plas mak sur that you, if you can do m a fiavour, would b rally obligd, if you could snd it by Rcordd Dlivry, would that b possibl for you. Ys, can do that. All right, bcaus post is gtting lost and all that, so to nsur that w rciv th post ntir, so if you can do m a favour and mak sur that it a Rcordd Dlivry would b obligd. Yp, yp. Ar you snding thm today? don't know, am sitting hr with my wif, for work, am sitting hr 7 Llb with thr contracts up on my scrn and hav a bit of a nightmar with that at th momnt. will gt to it as soon as can, but bcaus of this nightmar of work that hav got, it might b two or thr days, hav got to dal with this nightmar. No worris at all, bcaus, you know, Mr Hrman, vrything is rady at our nd, and th bst thing w can do in your cas as you know, bfor, lik, liabilitis ar in, if any mor, so hopfully within working days you will b compnsatd, bcaus law changs in April 2013, which says liability is not an issu in any cas, thn cas should b issud for iniury within l0-30 working days, so, as soon as you snd th paprwork out to us, obviously th soonr w will b abl to procd th cas, start working on th cas and all. [ OK Can call you on Friday to s if you rturnd th paprwork. Yup, OK, what day ar w today. Wdnsday. Mayb Monday, might b bttr. will giv you a call. No problm. All right. [unclar] What's your numbr just in cas. OK, plas, not it down, thank you, it is And my nam is Mohammd Ali. Transcript of phon calls 22nd Jan 2014 to 1st Fb 2014

17 Of swift claims Ys, that is right. Good. Any qustions? No, thats OK think, goodby. Good by. Transcript of Brachs 15.x s tabl "Summary of facts of th disput") Phon call dat and tim: (answring machin) Hllo [Mohammd Ali's voic] Hllo Good morning (answring machin) Plas lav a mssag Transcript of Brachs 16.x s tabl "Summary of facts of th disput") Phon call dat and tim: Ruth Hrman Hllo Hllo, hi thr, it is m, Mohammd Ali, how ar you. Ruth Hrman OK You rmmbr th car accidnt. Ruth Hrman My husband is busy at th momnt as you can har. xactly. Would you mind lik if ask you a qustion. Did h post th paprwork back? Ruth Hrman rally don't know as hav noting to do with it, h is daling with it. Can you call back in half and hour. By Transcript of Brachs 17.x s tabl "Summary of facts of th disput") Phon call dat and tim: no far party Transcript of Brachs 18.x s tabl "Summary of facts of th disput") Phon call dat and tim: (can har Mohammd Ali's voic spaking to answring machin) Hllo, hllo 2 qi Transcript of Brachs 19.x s tabl "Summary of facts of th disput") Phon call dat and tim: 29/ Hllo Good vning Mr Hrman, how ar you? OK, OK Good to know, tt is m, Mohammd Ati Hllo thr. Funnily nough hav just, you ar calling up about th paprs and things. Yah, xactly, about th car accidnt. So hav just got thm all out on my dsk at th momnt, am looking at thm now. So lhopto, um, Post thm back tomorrow. Tomorrow, first class. hop to do it tomorrow, latr tomorrow, hav thm all out in front of m. OK, Mr Hrman, if you hav any concrns you can contact m back on this numbr. Right and hopfully will b thr for you. And scondly would it b fin if can Phon tomorrow? lf you do m a favour, Transcript of phon calls 22nd Jan 2014 to '1st Fb 2014

18 snd it via Rcordd Dlivry, plas th paprwork. did try a fw tims. Hllo \t OK So can s thn that lik if rciv th papmork on tim and all that. Alight. So what tim should call you tomorrow to confirm that you hav snt th paprwork. Um, hav somthing on in th morning, mayb in th aftrnoon. Mayb in th aftrnoon. All right, no worris. And what is your mobil no. Mr Hrman. don't normally us that. us this no. if am availabl, am on this no.. Sorry to tak your tim, but altrnat numbr always bcoms handy to hlp a bit if somthing gos wrong. am too old, too old fashiond to b using a mobil ik all th tnagrs, OK, will carry on with it now, hav all of th paprs hr and vrything linkd from you through to Solicitors and lik to rcord vrwhing. Good. Anyway, hop to gt it all in th post tomorrow. Mr Hrman, in cas if you hav any concrns plas contact us, hopfully w will b thr for you right. OK All right Did you call arlir today, saw lots of missd calls, was that from you or from sombody ls. OK am not sur about th othrs. OK Yah axcatly, Thanks by by Good by. Hav a good vning. Transcript of phon call aftr cut off dat for starting to compos lttr of 1st Fb 2014 Phon call dat and tim: 30/ Hllo, good morning. (you can har Mohammd Ali's voic talking bfor h raliss that h has rachd an answring machin). Transcript of phon call aftr cut off dat for starting to compos lttr of 1st Fb 2014 Phon call dat and tim: 30/ Good vning Mr Hrman, it is m, Mohammd Ali, how ar you? Hllo thr. Hi thr. OK, OK That's it Go on, did not gt th stuff otf today, but workd on it, so am hoping to gt it off tomorrow to thm. You did not snd it today. No, but workd on it, it is going to tak just a littl bit longr, so hop to gt it off to thm tomorrow. So whn is th bst tim that can call you back to s if you hav rturnd it. Um, to b saf think, not sur if thr is any nd, but probably bttr on Monday should think. Monday, chas you on Monday again? All right, bbcaus it has alrady bn a wk. You know how important this cas is. And nd of th day, rgarding liability admission and all that, w ar just waiting for your papmork to st this up and gt this on sttld. can tll that you hav bn rally busy, but obviously this thing is rally important and gtting your mony as wll. Ys, no, it is an important mattr. am awar of that. W want to gt it Transcript of phon calls 22nd Jan 2014 to 1st Fb 2014

19 right and gt it don proprly and stuff. But dfinitly going to b writing to thm. hav startd it, but it is going to b a bit, um, a bit... Wll if you want Mr Hrman, what can do, can always arrang for sombody to visit you tomorrow and hlp you out, compiling it up, what do you say. lf you hav any concrns obviously th prson will b abl to hlp you out thr and thn. Hlp you out in filling out all th papr\/vork. No asy for you. No, th right thing to do at this stag, givn th situation, is for m to writ to. narly got it down today, but to b ralistic, it is not going to b tonight now obviously, but it will b tomorrow that writ to thm so am sur that will gt it don tomorrow. Ya Mr Hrman. rally apprciat your tim that you hav takn and so hop that you will rturn. OK Thanks. Hav a good vning. Transcript of phon call aftr cut off dat for starting to compos lttr of 1st Fb 2014 Phon call dat and tim: 01/ Outgoing call to (tlphon numbr givn in call of frcm ) to s if this was a propr businss numbr: Th prson at xtnsion at xtnsion is unavailabl, plas lav a mssag aftr th ton. [Dos not sound alik a businss tlphon numbrl 4 t1 Transcript of phon calls 22nd Jan 2014 to 1st Fb 2014

20 Hrman 5o Solicitors Ltd Grov Hous Wilmslow Road Manchstr M2O 2DR st Fbruary 20 4 Dar Sir Ovrviw am writing to you as hav bn cold calld on my hom tlphon numbr f by you, whn my numbr has bn on th Tlphon Prfrnc Srvic "do not call" list. am claiming for damags for this from you as among othr laws this cold calling was in contravntion ofth Privacy and lctronic Communications (C Dirctiv) Rgulations 2003 as amndd by th Privacy and lctronic Communications (C Dirctiv)(Amndmnt) Rgulations 201 l. My nam and addrss ar as th lttrhad abov. Your dtails, as th potntial dfndant, ar Solicitors Ltd, Grov Hous, Wilmslow Road, Manchstr M20 2DR Summary of facts of th disput (dtaits of th cold calls) My tlphon numbrf is on th Tlphon Prfrnc Srvic (TPS) rgistr and has bn for many yars. Many yars is much longr than th 28 day grac priod undr Th Privacy and lctronic Communications (C Dirctiv) Rgulations 2003 to comply with th "do not call" rquirmnt. t is illgal to cold call numbrs on th Tlphon Prfrnc Srvic rgistr. Du to th quantity ofcalls th Summary of facts ofth disput information is listd in th tabular form nclosd. To sav spac in th tabl lt m summaris hr in rlation to ach cold call that it was ithr from you, furthr and altmativly th cold call was instigatd by you, furthr and altmativly th cold call was instigatd by sombody working on your bhalf. Howvr, th law is clar that th bnficiary or instigator is th rsponsibl party, in this cas it provd to b Solicitors Ltd. could not objct to th call as had bn lid to, illgally th callr had not idntifid a ral organisation, and so had no countr-party to say that objcl to bing calld and to say not to call m back. Thr was no positiv link until, aftr som l3 cold tlphon calls, was to har from Solicitors Ltd thmslvs. Tlphon Prfrnc Srvic Lgal points Th Tlphon Prfrnc Srvic (TPS) stats that "Th Tlphon Prfrnc Srvic is a cntral opt out rgistr whrby individuals can rgistr thir wish not to rciv unsolicitd sals and markting tlphon calls. t is a lgal rquirmnt that companis do not mak such calls to numbrs rgistrd on th TpS.,' Th original lgislation was introducd in May t has subsquntly bn updatd and now th rlvant lgislation is th Privacy and lctronic (C Dirctiv) Rgulations htto:// uk/tps/whatistos.html