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Page 1: “Making your claim easy!” - Claim Back Plevin PPI ... · when the Court ordered the lenders to repay the full amount of the PPI premiums back to the claimants, this was called

Your Claims Made Easyfrom the Claims Experts

Authorised and regulated by the

“Making your claim

easy!”

Page 2: “Making your claim easy!” - Claim Back Plevin PPI ... · when the Court ordered the lenders to repay the full amount of the PPI premiums back to the claimants, this was called

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Your Claims Experts

Who we are........................................

Our team..............................................

What is an unfairrelationship?........................................

Can I make a claim?...........................

FAQ’s....................................................

The Claims’ Process...........................

Terms & conditions...........................

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Contents

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Who we are

Your Claims Experts

Williams & Dunne is a well established firm of solicitors with prestigious offices in Altrincham. The firm specialises in the field of mis-sold financial products.

We are regulated by the Solicitors Regulation Authority. We pride ourselves in giving our clients the best possible outcome with their claims against financial institutions and strive to provide a high quality service.

How can Williams & Dunne help you?

We have a great team consisting of Solicitors and Legal Executives with many years of experience. The firm receives instructions from individual clients, many by recommendation. The majority of the work we undertake for our clients is on a NO WIN - NO FEE basis, meaning that you only pay us a fee if your case is successful.

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We are in your corner!

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Our Team

Your Claims Experts

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Our financial litigation team is highly specialised. Our years of experience have taught us many things and the keys to our continued success are as follows:

• Experienced and dedicated staff.The department is made up of qualified solicitors and legal executives who only work on financial litigation claims. We have been working in this area for many years and provide our teams with regular training to keep them up to date with all legal developments.

• Low caseloads.Unlike other law firms, we strongly believe our staff should have low caseloads to allow them to complete cases as quickly and efficiently as possible, whilst providing our clients with a high quality service. We review all staff case loads on a weekly basis.

• Proactive attitude to negotiation and starting court proceedings.We actively encourage our staff to be very proactive, but at the same time to start court proceedings promptly if negotiations break down.

• A state of the art computerised case management system. This allows us to streamline how we manage your claim.

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What is an unfair relationship claim?Your Claims Experts

Many consumers who were persuaded to take payment protection insurance (PPI) with their finance were misled about the true nature of the insurance premium. Consumers were not told that a large proportion of the insurance premium was, in fact, commission paid to the brokers and lenders for their profits. This meant consumers not only paid for the secretcommission but also paid interest on the finance relating to those sums.

This was scandalous and the largest breach of consumer trust by financial institutions in recent memory.

Think this was unfair? So did the highest court in the land, the Supreme Court, in its much-celebrated judgment in the case of Plevin v. Paragon.

Susan Plevin is a retired college lecturer who took legal action against her lender, Paragon Personal Finance (“Paragon”), after she had PPI added to a loan she took in the sum of £34,000.

During her claim for mis-sold PPI, she also discovered that 71.8% of the PPI premium added to her loan with Paragon was, in fact, secret commission. It had nothing to do with the actual cost of the insurance. This was profiteering at the highest level. Susan Plevin argued that Paragon’s failure to disclose this remarkable commission meant she had been treated “unfairly” by Paragon and therefore it was appropriate for the Court to intervene on her behalf.

The Supreme Court ruled in Susan Plevin’s favour and ordered Paragon to pay compensation to her.

“Tipping Point” compensationFollowing the Plevin case, the offending lenders still refused to properly compensate victims and instead of returning the correct amount of secret commission, paid back only a proportion of the sums rightly owed to the victims. We at Williams & Dunne believe firmly that the lenders’ conduct in relation to Plevin claims is wrong.

Indeed, another case involving Paragon came before the Court when Mr & Mrs Doran recovered the full PPI premium together with loan interest and additional compensation. Paragon was ordered to pay the Doran’s the sum of £17,345.37.

How can we help you?We are in no doubt that our team can help you recover what is rightly yours, whether you never had any PPI refund or received some compensation.

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What is the Plevin Case?

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The average amount our team can help

you secure incompensation.

Your Claims Experts

• Your lender confirmed that you had PPI associated with your borrowing, but the lender said the policy was not mis-sold.

• Your lender made a partial payment of the ‘secret’ commission taken from you.

• You have never made a claim regarding your mis-sold PPI.

Can I make a claim?You maybe eligible to make an ‘unfair relationship’ claim if:

You cannot make an ‘unfair relationship’ claim if:• You have received a full PPI refund

previously.

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Get back what’srightfully yours!

£1,000+67%

The averagecommission paid by insurers to lenders

and brokers.

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Frequently asked questionsWhat are Plevin and Doran? They are two of the significant legal cases. In 2006, Susan Plevin was sold a PPI policy to cover her secured loan from Paragon Personal Finance Ltd. She took a claim to the Supreme Court in November 2014, alleging that the contract and her relationship with Paragon was unfair due to: · The non-disclosure of the commission · The percentage of the PPI premium that was commission

The Supreme Court ruled that the failure by the lender to disclose to Susan Plevin the large commission paid out of her PPI premiums created an unfair relationship between her and the lender, and redress was awarded to Susan Plevin. Since then a second case has been won when the Court ordered the lenders to repay the full amount of the PPI premiums back to the claimants, this was called Doran v. Paragon.

What is the basis of a Plevin PPI Claim?Whilst a Plevin PPI claim is made in respect of the sale of a PPI policy, the basis of the claim and claims process are different to a mis-sold PPI Claim. Even if your PPI policy was not mis-sold, your Plevin PPI claim could be successful!

Historically, when lenders sold PPI they failed to disclose the commission they received. So, whilst consumers may have thought the premiums were for their cover, more than 50% of it was actually commission paid to the Lenders for the sale of the PPI policies.

A lender’s failure to disclose commission may have created an unfair relationship with the consumer, this is where Williams & Dunne can help.

Your Claims Experts

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I have already received my PPI refund; can I claim based on Plevin?If you have previously claimed for mis-selling and your lender accepted your claim, they would have offered you full redress. Lenders were required to put you in the position you would have been in if the PPI had not been sold to you. This means the commission has already been refunded and you cannot claim again based on Plevin.

If you have received an offer of compensation from your lender that does not amount to a full refund of the PPI premiums you have paid, you may be able to make a Plevin PPI claim.

My Lender has already said my PPI policy was not mis-sold, can I claim based on Plevin?Yes you can. If your lender did not tell you about the commission payments you can make a claim.

Why didn’t I get a full refund previously?Your lender did not accept that PPI was mis-sold to you but accepted you were not told that commission payments were being made. That so, the lender returned some of the commission to you but not the full amount. There is generally NO justification for such behaviour. You should have got back at least all of the commission and we will seek to recover 100% of the PPI premium, plus any loan/credit card interest on the premium and some compensatory interest in addition.

I thought the time for making a PPI claim ended in August 2019? A Plevin type claim is based on a statutory right under the Consumer Credit Act 1974. It is a claim before the Court. The rules published by the FCA for complaints do not apply. You are entitled to make the claim to the Court past the above deadline.

Can I make a Plevin or Doran PPI Claim directly to my Lender?Making a Plevin type PPI claim involves proceedings before the Court. You can act for yourself in the legal process particularly if your claim is of a small value. However, in our experience these claims are not straightforward and involve highly technical legal arguments. It seems clear to us that you should have support from qualified litigators (whether ours or others). You are free to seek advice as you see appropriate and instructing a solicitor is always your choice.

Your Claims Experts

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Your Claims Experts

Who are Williams & Dunne?Williams & Dunne Ltd are a firm of solicitors specialising in financial mis-selling. We are

registered in England and Wales under registration number 10321776. Registered Office: 1 Ashley Road, Altrincham WA14 2DT,. VAT Registration number 268753752. Authorised and regulated by the Solicitors Regulation Authority (Number 636696) and subject to the

Solicitors Code of Conduct at www.sra.org.uk/solicitors/code-of-conduct.

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Start Your Claim.

We Will Investigate Litigate.

Get Back Whatis Rightfully Yours!

The Claims Process in 3 Easy Steps

&

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Terms & Conditions

1. Value Added Tax (VAT)1. We add VAT, at the rate (now 20%) that applies when the work is done, to the total of the Basic Charges and Success Fee.

2. Our Responsibilities2.1 We must always act in your best interests,subject to our duty to the court;2.2 We must explain to you the risks and benefits of taking legal action;2.3 We must give you our best advice about whether to accept any offer of settlement; 2.4 We must give you the best information possible about the likely costs of your Claim.

3. Your Responsibilities3.1 You must give us instructions that allow us to do our work properly;3.2 You must not ask us to work in an improper orunreasonable way;3.3 You must not deliberately mislead us;3.4 You must co-operate with us;3.5 You must attend any medical or expertexamination or court hearings and meetings which we reasonably request.

4. Dealing with costs if you win4.1 Subject to the overall cap set out in Clause 9.7 of the CFA, you are liable to pay all our Basic Charges, ourExpenses and Disbursements and Success Fee (up to themaximum limit) together with the premium for any legal expenses insurance you take out. 4.2 Normally, you can claim part or all of our Basic Charges and our Expenses and Disbursements from your opponent. You provide us with your irrevocable agreement to pursue such a claim on your behalf. However, youcannot claim from your opponent the Success Fees or thepremium of any insurance policy you take out. Inaddition, you will not be entitled to recover our Basic Charges from your opponent if the Damages your recover are less than £10,000. This is because claims less than £10,000 fall within the Small Claims Track limit under which (generally) a party’s substantive legal costs cannot be recovered from their opponent.4.3 If we and your opponent cannot agree the amount, the court will decide how much you can recover. If the amount agreed or allowed by the court does not cover all our Basic Charges and our Expenses andDisbursements, then you pay the difference which in respect of Basic Charges and Success Fee is subject the maximum set out in Clause 9.7 of the CFA. 4.4 You, not your opponent, pay our Success Fee and any insurance premium.4.5 You agree that after Winning, the reasons for setting the Success Fee at the amount stated may bedisclosed to the court and any other person required by the court.4.6 We are allowed to keep any interest youropponent pays on the charges.4.7 You agree to pay into our clients deposit account any cheque received by you or by us from your opponent

and made payable to you. Out of the money, you agree to let us take the balance of the Basic Charges; Success Fee; insurance premium; our remaining Expenses andDisbursements; and VAT. You take the rest.4.8 For the avoidance of doubt, in respect ofpre-action and/or interlocutory applications or Interim Hearing, the Success Fee is payable in accordance with the CFA upon such application or hearings being finally decided in your favour.

5. Shortfall in Costs Recovery5.1 We are entitled to charge an amount of costs greater than that which you will recover or could have recovered from the other party to the proceedings and expressly permits payment of such sum.5.2 The provision above is made under section 74(3) of the Solicitors Act 1974 and Civil Procedure Rules 46.9 (2) and (3).5.3 Some costs or disbursements may be of anunusual nature or amount in which case these might not be recovered from the other party but remain payable by you in accordance with the above.

6. If your opponent fails to pay monies due to youIf your opponent does not pay any Damages or charges owed to you, we have the right to take recovery action in your name to enforce a judgment, order or agreement. The charges of this action become part of the BasicCharges.

7. Payment for Advocacy7.1 The cost of Advocacy and any other work by us, or by any solicitor agent on our behalf, forms part of our Basic Charges. We shall discuss with you the identity of any barrister instructed, and the arrangements made for payment. Barristers who have a conditional fee agreement with us 7.2 If you Win, you are normally entitled to recover their fee from your opponent, but not their Success Fee. The barrister’s Success Fee is shown in the separate conditional fee agreement we make with the barrister. You must pay the barrister’s success fee shown in the separate conditional fee agreement we make with the barrister. We will discuss the barrister’s success fee with you before we instruct him or her. If you Lose, you pay the barrister nothing.7.3 The barrister’s success fee is included within the maximum limit to the recoverable success fee in proceedings at first instance as explained in Clause 9 of the CFA. Barristers who do not have a conditional fee agreement with us 7.4 If you Win, then you will normally be entitled to recover all or part of their fee from your opponent. If you Lose, then you must pay their fee. 8. What happens when this CFA ends before your Claim for Damages ends?(a) Paying us if you end this CFA8.1 You can end the CFA at any time. Unless you have a right to cancel this CFA as set out in Clause 10 of the CFA and do so within the 14 day time limit we then have the right to decide whether you must:-

The terms and conditions set out below are part of this CFA. Any amendments or additions to them will apply to you. You should read these conditions carefully and ask us about anything you find unclear. Definitions of words used in the CFA and in this document are explained under Clause 11 below.

1. LAW SOCIETY CONDITIONS

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(i) pay our Basic Charges and our disbursements including barristers’ fees but not the Success Fee when we ask for them; or(ii) pay our Basic Charges, and our disbursements including barristers’ fees and success fees if you go on to Win your Claim for Damages.(b) Paying us if we end this CFA8.2 We can end this CFA if you do not keep to your responsibilities. We then have the right to decide whether you must:(i) pay our Basic Charges and our disbursements including barristers’ fees but not Success Fee when we ask for them; or(ii) pay our Basic Charges and our disbursements including bar-risters’ fees and success fees if you go on to Win your Claim for Damages.8.3 We can end this CFA if we believe you are unlikely to Win. If this happens, you will only have to pay our Expenses and Disbursements. These will include barristers’ fees if the barrister does not have a conditional feeagreement with us.8.4 We can end this CFA if you reject our opinion about making a settlement with your opponent. You must then:(i) pay the Basic Charges and our disbursements, including barristers’ fees;(ii) pay the Success Fee if you go on to Win your Claim for Damages. 8.5 If you ask us to get a second opinion from a specialist solicitor outside our firm, we will do so. You pay the cost of a second opinion.8.6 We can end this agreement if you do not pay your insurance premium when asked to do so.(c) Death8.7 This CFA automatically ends if you die before your Claim for Damages is concluded. We will be entitled to recover our Basic Charges up to the date of your death from your estate.8.8 If your personal representatives wish to continue your Claim for Damages, we may offer them a new conditional fee agreement, as long as they agree to pay the Success Fee on our Basic Charges from the beginning of our CFA with you.

9. What happens after this CFA ends9.1 After this CFA ends, we may apply to have our name removed from the record of any court proceedings in which we are acting unless you have another form of funding and ask us to work for you. 9.2 We have the right to preserve our Lien unless another solicitor working for you undertakes to pay us what we are owed including a Success Fee if you Win.

10. Cessation of Business10. If we stop carrying on business then you must pay us or any successor to our business (or to that part of our business which takes over the conduct of your Claim) our Basic Charges and our Expenses and Disbursements including barristers’ fees and Success Fees if you go on to Win your Claim for Damages.

11. Explanation of Words UsedAdvocacy Appearing for you at court hearings.Basic ChargesOur charges for the legal work we do on your Claim for Damages.Claim Your demand for Damages or compensation and/or other relief whether or not court proceedings are issued.Counterclaim A claim that your opponent makes against you in response to your claim.Damages Any compensation, monetary or financial benefit that you Win whether by a court decision or settlement.Expenses and Disbursements Payment we make on your behalf such as: • court fees; • experts’ fees; • travelling expenses; • the fees of barristers who do not have a Conditional Fee Agreement with us.Interim Damages Money that a court says your opponent must pay or your opponent agrees to pay while waiting for a settlement or the court’s final decision.Interim Hearing A court hearing that is not final.Lien Our right to keep all papers, documents, money or otherproperty held on your behalf until all money due to us is paid. A lien may be applied after this CFA ends.Lose The court has dismissed your Claim or you have stopped the Claim on our advice.Formal Offer to Settle An offer to settle your Claim made in accordance with Part 36 of the Civil Procedure Rules.Success Fee The percentage of Basic Charges that we add to your bill if you Win your Claim.TrialThe final contested hearing or the contested hearing of any issue to be tried separately and a reference to a claimconcluding at trial includes a claim settled after the trial has com-menced or a judgment.Win/Winning Your Claim or any pre-action or interlocutory application or interim hearings are Finally decided in your favour, whether by a court decision or an agreement to pay you Damages or costs or any other relief or in any way that you derive benefit from pursuing the same. ‘Finally’ means that your opponent: • is not allowed to appeal against the court decision; or • has not appealed in time; or • has lost any appeal.

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12. Ambit of Work12.1 We act on your behalf in pursuing preliminary assessment and conduct of your Claim for Damages, losses and/or other compensation and/or under S140A&B of the Consumer Credit Act 1974 arising out of or in connection with an unfair relationship between you and your lender. The work we will carry out will, briefly, comprise of the following:(i) Considering the papers and documentation provided by you and other relevant parties; (ii) Taking your instructions and attending upon you and/or your opponent or its legal advisors or counsel or hearings as required; (iii) Drafting correspondence, email communications, pleadings, applications and witness statements. 12.2 Our retainer and the duties are limited to handling your compensation Claim as broadly set out under paragraph 12.1 above. For the avoidance of doubt, we are not retained to and will tender no advice as to any tax or state benefits implications arising out of and pertaining to your matter.

13. Timescale13.1 We estimate that the duration of your Claim should take about 6 months if proceedings are not issued and between 12 to 18 months if proceedings are issued. However, this may vary depending on the circumstances of each claim. 13.2 We must make you aware that there is a 6 year limitation period from the date you retained your former solicitors. As such, please ensure that all the relevant documents are signed and returned back to us at least four weeks before the limitation in respect of your Claim. We reserve the right to cease to act in respect of any Claim where we receive the necessary documents under four weeks from the relevant limitation date.

14. Responsibility14.1 Mr Laurence Goldstone, who is a senior solicitor, will have day-to-day responsibility for dealing with your Claim. He is supported by Mr Lee Clarke who is litigation executive. Please feel free to contact Mr Goldstone or Mr Clarke at any time. We shall, of course, advise you of any significant changes which we may need to make to the team which will be at the agreed rates set out below.14.2 Mr Michael Ozon is the client contact director in relation to your matter and as such, you should address any complaints to him insofar as they cannot be satisfactorily resolved in the first instance by Mr Goldstone.

15. Fees15.1 The charge out rate for Mr Goldstone in respect of each hour spent in connection with your matter is currently £320.00 and for Mr Clarke, the rate is £195.00. Please note that this rate is exclusive of VAT which will be added to the bill and will be increased by 5% on 1st January in each year that your dispute continues.15.2 We are unable to give a fixed quotation for the work involved in this matter, because it is impossible to estimate the precise number of hours of work which will be involved. Nevertheless, in the context of collating information from you and thereafter preparing a letter of claim, we envisage our fees will be in the region of £450 to £650 exclusive of VAT and Disbursements. Please note this estimate is an indication only. We shall discuss costs with you at appropriate intervals.

2. CLIENT CARE TERMS16. Funding your Claim16.1 Your matter concerns a financial litigation type claim. There are several ways to fund the legal fees we incur in pursuing your matter. Legal Aid is not available and so you can retain solicitors generally in one of three ways: (a) conventional retainer which means you pay our fees as incurred and irrespective of the outcome in your case; (b) pursuant to a CFA; or (c) damages based agreement also known as “DBA”. Under a CFA and a DBA the idea is that you do not pay the solicitor’s Basic Charges unless you Win your case. The difference is that in a CFA the Success Fee iscalculated by references to the solicitor’s fees and in a DBA by reference to damages. 16.2 We are prepared to act on your behalf under a CFA. It is ultimately a matter for you how you engage your solicitor. You are under no obligation to accept our proposal. It is possible thatother solicitors may offer lower rates or Success Fee. The Law Society maintains a directory of solicitors that may offer a service to you. You may search the directory athttps://solicitors.lawsociety.org.uk/. 16.3 The essence of the arrangement under the CFA we propose may be summarised as follows: (i) You will not be required to pay our fees unless you Win your case. Winning for instance would mean you obtaining Damages from your opponent or some other financial benefit.(ii) If you are successful, we will be entitled to charge you a Success Fee. However, the total amount we will charge for Basic Charges and Success Fee is capped at 20% of your Damages before issuing proceedings and thereafter 35% of your Damages once proceedings have been issued. Example A: Small Claim Settlement Pre-Proceedings (a) Compensation “cash in hand”: £2,500.00(b) Fees: (i) Basic Charges £1,000 (ii) Success Fee £1,000 (c) Total Fees £2,000 (d) Total Deductions out of Compensation cap at 20%: £500(e) VAT at 20% £100(f) NET payment to you: £1,900** This is an example only and not the amount you will receive or an indication of it.

Example B: Small Claim Settlement Post-Proceedings Pre-Trial(a) Compensation “cash in hand”: £2,500.00(b) Fees: (i) Basic Charges £1,500 (ii) Success Fee £1,500 (c) Total Fees £3,000 (d) Legal costs recovered from Lender: £90 (e) Total Deductions out of Compensation cap at 35%: £875(f) VAT at 20% £175(g) NET payment to you: £1,450.00** This is an example only and not the amount you will receive or an indication of it.

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Example C: Fast Track Settlement Post-Proceedings Pre-Trial(a) Compensation “cash in hand” plus loan and future instalment reduction. £12,000.00 (i) Cash in hand £9,000 (ii) Loan debt reduction £3,000 (b) Fees: (iii) Basic Charges £6,500 (iv) Success Fee £6,500 (c) Total Fees £13,000 (d) Legal costs recovered from Lender: £6,000 (e) Total Deductions out of Compensation cap at 35%: £4,200(f) VAT at 20%: £840(g) NET cash in hand paid to you: £3,960.00*(h) PLUS reduction in loan: £3,000.00(iii) You will be required to pay any Expenses and Disbursements that we incur on your behalf irrespective of the outcome in your case. If you Win, you will be entitled to recover the Expenses and Disbursements from your opponent.(iv) If you Lose, you will not be required to pay our fees but will be required to pay our disbursements. Inaddition, you may be required to pay your opponent’s legal fees. 16.4 The risks referenced in Clause 16.3(iv) above can be mitigated by obtaining legal expenses insurance. In our experience, you are not likely to have the benefit of ancillary ‘legal expenses insurance’ that may cover the risks in your matter. It is necessary for us to conduct further enquiries in order to ascertain whether you have suitable pre-existing cover. We will then be in a position to give you further advice as to whether you should acquire a stand-alone insurance policy. The information we require in this regard is contained in the Fact Find part of the Engagement Form. We must point out there is no guarantee that we can source legal expenses insurance for you. However, please note there is no risk of liability to pay your opponent’s legal costs until you actually issue proceedings. 17. General Insurance – Legal Expenses17.1 General insurance, such as legal expenses, is regulated by the Financial Conduct Authority (“FCA”). We are not authorised by the FCA. However, we are included on the register maintained by the FCA (EPF No. LS 636696) so that we can carry on insurance mediation activity, which is broadly the advising on, selling andadministration of insurance contracts. This part of our business, including arrangements for complaints orredress if something goes wrong, is regulated by The Law Society. The register can be accessed via the FCA website at www.fca.gov.uk/register. 17.2 Please note that we can only provide certainlimited services if these are an incidental part of our professional services. The Law Society of England and Wales is a designated professional body for the purposesof the Financial Services and Markets Act 2000. The Solicitors Regulation Authority is the independentregulatory arm of the Law Society. The Legal Ombudsman is the independent complaints-handling arm of the Law Society. If you are unhappy with any insurance advice you receive from us, you should raise your concerns with either of those bodies.

18. Interest & Lien18.1 Bills are expected to be settled in full as soon as possible and in any event within 14 days of receipt and should be settled in the currency in which they are denominated. We reserve the right to charge interest on the amount of any bills unpaid within 14 days of receipt, on a daily basis from the date of the bill to payment, at a rate equal to 4.5% per annum above the base lending rate of the NatWest Bank Plc applicable from time to time.18.2 We shall have a Lien over any money or other property of the client in its possession for any unpaid account of the client. We may apply any amount outstanding to the credit of a client in or towards payment of any account for costs or Expenses and Disbursements incurred by the client with us.

19. Payment of Interest19.1 Any money received on your behalf will be held in our client account. Interest will be calculated and paid to you at the rate set by NatWest Bank Plc from time to time. That of course may change. 19.2 The period for which interest will be paid normally runs from the date(s) when funds are received by us until the date(s) on the cheque(s) issued to you. The payment of interest is subject to certain minimum amounts and periods of time set out in the SRA Accounts Rules.

20. Limitation of Liability20.1 Our aggregate liability to you or any third party for loss and damage (including interest and costs) damages in respect of all claims, demands, causes of action or otherwise in connection with or arising from our engagement by you or the services that we provide to you in respect of any one particular matter or a series of related matters or ongoing instructions in all circumstances shall be limited to our indemnity insurance cover being £3,000,000.20.2 In any event, our liability is limited to the proportion of loss and damage (including interest and costs) suffered by you which is ascribed to us by a court of competent jurisdiction after allocating proportionate responsibility to us having regard to any contribution to loss and damage by any other person or entity responsible and/or liable to you for the loss and damage. In assessing the contribution as aforesaid, no account shall be taken of the amount of any limit on liability imposed by the contributor. 20.3 For the purpose of the foregoing, the phrase “loss and damage” shall have the same meaning as ascribed under the Civil Liability (Contribution) Act 1978 and shall also include interest and costs.

21. Professional Indemnity InsurancePlease note that we have obtained professional indemnity insurance from International General Insurance (UK) Limited. Under the policy cover is provided worldwide save that awards of punitive or exemplary or like damages under the laws of the United States of America or Canada are excluded. For claims or further information contact “Claims Department, 15-18 Lime Street, London, EC3M 7AN, United Kingdom”. Tel: 0207 2200 100. The limit of indemnity is £3,000,000.

22. Information & Statement of Truth22.1 It is inevitable that, in order to fulfil our task, it will be necessary to obtain a significant amount of information from you. To assist us in carrying out our work as efficiently as possible, please could you ensure that all

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that all information provided is complete, accurate, up to date and true to the best of your knowledge and belief. Please note it is your duty to provide information to us on that basis. You are also asked to notify us in writing of any changes or variations to that information which may arise after the date upon which it was passed to us, as well as of any new circumstances which might be relevant to the work we are undertaking.22.2 Any information you provide may be used to substantiate your case. The court rules require that some documents to be verified by a statement of truth. We are obliged therefore to inform you that proceedings for contempt of court may be brought against a person if that person makes or causes to be made a false statement in a document verified by such a statement without an honest belief in its truth.22.3 In the event that you do not comply with your obligations as set out above, we may terminate this CFA in accordance with Clause 10.2 of the CFA.

23. Communication23.1 It is important that you notify us immediately of any changes to your personal contact detail such as address, email, telephone and mobile numbers. This is so that we can obtain your instructions as may be necessary to progress your Claim. If you fail to do so and we are unable to contact you this may be detrimental to the prospects of your Claim and you could be liable to pay your opponent’s costs. 23.2 We may choose to communicate with you electronically (unless you expressly request otherwise in writing) and may also use elec-tronic means of communication to correspond with third parties in carrying out your instructions. Please note, however, that electronic transmission of information may not be as secure as other means and may be vulnerable to unauthorised access, technical errors and viruses. We accept no responsibility or liability to you in respect of any loss arising from or incidental to electronic communications.

24. Confidentiality 24.1 The normal duties owed by a solicitor to his client will apply in relation to your instructions. This will include the duty of confidentiality. Where any information is received by us which is confidential to you, we will treat that information in confidence unless instructed otherwise. We may need to disclose your information to third parties such as legal expenses insurance companies and brokers, professional funders and other professional advisors (such as Counsel or engineers etc). We may also need to disclose your information to third parties who are authorised by you for that purpose. 24.2 By agreeing to instruct us and/or signing the CFA you: (a) authorise us to disclose your information as set out above; and (b) accept that the provision of legal services to you does not place us under any obligation to disclose to you, or use for your benefit, any confidential information or data that we currently have, or may obtain, in relation to any other client of our practice.

25. Money Laundering25.1 We are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to make

a disclosure to the Serious Organised Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing. 25.2 If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why.26. Proof of Identity26.1 We are required by law in to obtain satisfactory evidence of your identity (which can include people who are related to you). This is because criminals who want to launder money may use solicitors who handle and deal with money and property on behalf of clients. To comply with our duties, we must have the evidence of your identity as soon as possible. 26.2 For individuals, in most cases, identification evidence will consist of the following two documents:(i) your current valid passport; and(ii) a document (such as a utility bill or a bank statement) that shows your name and your current residential address and is dated no more than three months before the date on which we ask for the evidence of your identity.26.3 For companies, in most cases identification will involve:(i) us carrying out checks with the Registrar of Companies as to your existence and standing;(ii) other checks with third party organisations in appropriate cases;(iii) our inspection of your statutory registers and minute book;(iv) identifying those persons who we are dealing with on your behalf.26.4 If you are unable to supply the documents listed above, please contact us to discuss alternative ways that you can be identified. In some cases, in order for us to properly identify you, we may need to carry out checks or make searches with third parties. If we do so, then we will make a charge. This will be listed under the expenses section of your bill.26.5 Where you cannot provide satisfactory evidence of identity then we may not be able:(i) to act for you, and/or(ii) to receive any money from you; and/or(iii) to pay any money to you or to a third party on your behalf.

27. Destruction of Records27.1 After completing the work, we will be entitled to keep all your papers and documents while there is still money owed to us for fees and expenses. 27.2 We will keep our file of your papers for up to 6 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 6 years after the date of the final bill.27.3 We will not destroy documents you ask us to deposit in safe custody. If we take papers or documents out of storage in relation to continuing or new instructions to act for you, we will not normally charge for such retrieval. However, we may charge you both for:(i) Time spent producing stored papers that are requested;(ii) Reading, correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.

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1. We may collect and use the following information about you:(i) Your name and contact information, including address, email and telephone number(s);(ii) Information to enable us to check and verify your identity. E.g. your date of birth, as well as identity documents such as passports which may contain biometric data or data revealing racial or ethnic origin;(iii) Your gender information;(iv) Your billing information, transaction and payment card information; (v) Information about your business(es);(vi) Details of your assets and financial position. 2. This personal information is required to provide legal services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing legal services to you.3. We collect most of this personal information directly from you – in person, by telephone, email and/or via our website. However, we may also collect information from: (i) Publicly accessible sources. E.g. companies house, HM Land Registry;(ii) A third party directly. For example, a business such as an estate agency or claims management company assisting you with your matter. (iii) Sanctions screening providers;(iv) Customer due diligence providers;(v) A third party with your consent. E.g. your bank or building society.4. We use the information you provide primarily for the provision of legal services to you, but also for the following reasons: (i) Compliance with our legal and regulatory obligations;(ii) Fraud prevention;(iii) Updating and enhancing client records;(iv) Analysis to help us manage our practice;(v) Statutory returns.5. Where it is practical, we will anonymise your personal information. Where we have your consent, we may send you marketing material by email. We routinely share personal information with: (i) Third parties we use to help deliver our legal services to you. E.g. payment service providers, IT infrastructure providers, barristers, experts and delivery companies; (ii) Other third parties that we use to help run our business. E.g. marketing agencies or website hosts;(iii) Due diligence providers;(iv) Our insurers and brokers;(v) Our bank(s).6. We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information.7. We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

8. We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.9. We will keep your personal information while we are providing legal services to you. Thereafter, we will keep your personal information for as long as is necessary to:(i) Respond to any questions, complaints or claims made by you or on your behalf; (ii) Show that we treated you fairly;(iii) Keep records required by law. 10. We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. Further details on this are available on request.

4. DATA PROTECTION AND PRIVACY NOTICE

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Your Claims Made Easyfrom the Claims experts

1 Ashley Road,Altrincham, WA14 2DT

talk to us now on:0800 083 02649.00am to 5.00pm

www.williamsanddunne.co.uk

Williams & Dunne SRA number: 636696

Address:

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