direct commercial & dwf law llp counter fraud success …...sylver v kilnbridge dwf:...
TRANSCRIPT
66784228-3
Direct
Commercial &
DWF Law LLP
Counter Fraud
Success StoriesQ1 2019
66784228-3 2
Executive Summary Q1 2019 3
Contacts 4
Counter Fraud Successes Q1 2019 5
Contents
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Executive Summary Q1 2019
These cases can be discussed by contacting DWF's dedicated Fraud and Financial Crime Team
– £348,548.56 total fraud savings against presented claims
– £42,500 hire charges saved against presented claims
– 25 case successes
– 54 suspected fraudulent claimant denied
– 5 claims utilised dash cam
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Contacts
Meet DWF's dedicated Fraud and Financial Crime Team for Direct Commercial Ltd
Lorraine Carolan
Partner
T +44 121 200 0485
M +44 7734 778215
Mathew Lynch
Director - Manager
T +44 20 7645 9558
M +44 7795 527778
Lucy Bevan
Senior Associate
T +44 161 603 5115
Sue Potts
Associate
T +44 151 907 3088
Craig Budworth
Senior Associate
T +44 151 907 3198
Ben Harper
Specialist Manager
T +44 161 838 0087
Linda Avan
Senior Intelligence Investigator
T +44 151 907 3106
M +44 7712 402164
Emma Parker
Data Analyst
T +44 151 907 3441
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Counter Fraud Successes Q1
2019
Case Summary
Mr Izzat Joyan v Bywaters (Leyton) Ltd
DWF: 2019226-2, Lucy Bevan
DCL: A2015/001925
Fraud Type: Liability, causation & exaggerated damage dispute
Outcome: Repudiated Pre Litigation
Headline: Claim for significant hire, recovery & storage yet
evidence that the vehicle was roadworthy.
Overview: The Claimant was inconsistent in his reporting of the
accident circumstances & was not medically examined until 13
months post-accident. The special damages claim was repudiated
as the vehicle was roadworthy yet he claimed storage and credit
hire and significant specific disclosure was requested.
Following the repudiation the claim was withdrawn prior to the issue
of proceedings and no payments were made.
Technical Interest: Evidences the importance of early repudiations
and pressure with disclosure to avoid litigation.
Savings against presented claims:
Details Amount
PI £2,500.00
Hire £6,923.50
S&R £1,325.00
Claimant's costs £3,125.73
Total £14,092.43
Sylver v Kilnbridge
DWF: 2019226-124, Craig Budworth
DCL: A2017/009202
Fraud Type: Liability & LVI
Outcome: Repudiated Pre Litigation
Headline: Claimant caught out by CCTV footage.
Overview:
This was a changing lanes dispute with causation concerns. CCTV
footage supported the named driver on both liability and minimal
contact. The footage was disclosed at an early stage and the
Claimant withdrew his claim pre issue demonstrating the
importance of CCTV footage in fighting fraudulent claims.
Technical:
Disclosure of CCTV / dash cam footage must be considered
carefully and tactically. In this case given that the footage
supported both liability and causation it was right to disclose at an
early stage with a repudiation.
Savings against presented claims:
Details Amount
PI £2,500.00
PAV £2,000.00
Claimant's costs £1,516.00
Total £6,016.00
Oms Chopra v PDS Holdings Ltd
DWF: 2019226-29, Lucy Bevan
DCL: A2016/006334
Fraud Type: No impact & Phantom
Outcome: Discontinued Pre Trial
Headline: 5 claims discontinued following dash cam footage which
undermined any collision
Overview: The named driver denied any impact and further denied
any third party passengers whereas 4 claims were presented. The
named driver was proofed in conference where he confirmed he
had reason to physically look inside the vehicle as he was
concerned the third party was involved in lorry jacking which. Dash
cam footage assisted as it did not show any visible impact and
whilst the footage was of low quality DWF internal accident
reconstruction expert slowed the footage down by frame which
assisted in supporting there being no passengers. Tactically the
footage was not disclosed until witness exchange, to pin the
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Claimants evidence, and DWF successfully applied to rely on an
Amended Defence pleading fundamental dishonesty. The litigated
Claimant offered to drop hands and following review of recovery
prospects we negotiated the discontinuance on the basis that the 4
passenger claims were withdrawn.
Technical Interest: The dash cam footage was withheld so as not
to taint the Claimant’s evidence on liability and occupancy (the 4
passenger claims not having issued) and the accident
reconstruction expert was utilised to gain evidence for cross
examination the footage.
Savings against presented claims:
Details Amount
PI £16,550.00
PAV £2,926.52
Physio £570.00
Claimant's costs £8,725.59
Total £29,482.21
Mohammed Ali v ETA Logistics
DWF: 2019226-25, Lucy Bevan
DCL: A2016/002288
Fraud Type: Phantom occupancy & exaggeration.
Outcome: Strike Out post witness exchange
Headline: Claim struck out following evidence that the Claimant
was not in the vehicle at the material time and DWF successful
application for an Unless Order
Overview: The Claimant pleaded that he occupied his stationary
vehicle when it was hit supported by a medical report stating the
same, however, he had served a previous medical report of the
same date in which he reported that he was outside of the vehicle.
This was supported by the named driver who said he was changing
a tyre and was not near the car on impact. Further, DWF obtained
the police report which confirmed the named driver’s evidence &
the Claimant signed a statement stating that he was not injured.
Despite relying on a witness statement where he confirmed he was
changing a tyre and not in the vehicle he failed to amend his
pleadings. His representatives came off record and DWF filed an
application for specific disclosure. The application was granted and
the Claimant failed to comply with an Unless Order for specific
disclosure and written intention to proceed.
Technical Interest: DWF filed an application for specific disclosure
and notice of intention pre-trial in order to obtain a technical
success and QOCS reversal, without the further costs of preparing
for and attending a trial.
Savings against presented claims:
Details Amount
PI £3,000.00
PAV £970.0
Misc £50.00
Claimant's costs £5,116.80
Total £9,136.80
Iancu Tuidea v Ionut Negoita
DWF: 2019226-47, Ben Harper
DCL: A2017/000505
Fraud Type: Staged / Contrived
Outcome: Withdrawn Pre Litigation
Headline: 4 claims withdrawn following Part 18s in case where links
were established between the parties.
Overview: A third party Claimant had obtained a quote in respect
of the insured vehicle pre-accident. DWF intelligence searches
further strengthened links between the parties. Part 18 requests
were issued pre issue on all parties to demonstrate their concealing
the links. The driver provided replies in which he denied any link
and following the same all claims were withdrawn.
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Technical Interest: This claim featured a pop up firm. The Lawyer’s
Firm, and with only relatively minor challenge with Part 18s –
holding the repudiation tactically - the claims were abandoned.
Savings against presented claims:
Details Amount
PI £10,000.00
PAV £1,400.00
Hire £5,000.00
NHS £2,712.00
Claimant's costs £5,868.00
Total £24,980.00
Solomon Osei-Mensah v Polish Village
Bread
DWF: 2019226-113, Sue Potts
DCL: A2018/000007
Fraud Type: Causation and occupancy.
Outcome: Withdrawn Pre Litigation
Headlines: Phantom passenger claims repudiated with support of
third party driver.
Overview: The third party driver denied any passengers yet claims
were presented from 3 alleged passengers. The phantom claims
were fully repudiated.
Savings against presented claims:
Details Amount
PI £9,000.00
Misc £150.00
Claimant's costs £3,258.00
Total £12,408.00
Ismet Can v J O’Doherty Haulage
DWF: 2019226-27, Ben Harper
DCL: A2016/000756
Fraud Type: Induced
Outcome: Withdrawn Pre Litigation
Headline: "Slam on” withdrawn following investigation
Overview: The Claimant alleged that he slowed down to give way
to a bus parked at a bus stop. Images provided did not match the
allegations and the named driver denied there was any bus or
reason for the Claimant to slam on. The named driver felt this was
a "crash for cash” scam. This was supported by an independent
witness. DWF intelligence searches also located credibility
evidence against the Claimant. Further information was requested
of the Claimant to clarify his allegations regarding the bus and
subsequently his claim was withdrawn.
Savings against presented claims:
Details Amount
PI £2,500.00
PAV £996.07
Claimant's costs £1,500.00
Total ££4,996.07
Rubina Sameer v Balin Distribution Ltd
DWF: 2019226-26, Lucy Bevan
DCL: A2014/005926
Liability Type: Liability & Phantom Occupancy
Outcome: Discontinued Pre Trial
Headline: Claim discontinued with payment of costs following
successful application to amend Defence to plead fundamental
dishonesty
Overview: The Claimant claimed to be a passenger in the third
party vehicle which the named driver denied. Whilst the named
driver’s evidence alone on liability and occupancy was not as
strong as we would have liked; the concerns as to occupancy were
supported by the Claimant’s medical records which suggested that
the knee and wrist injuries were pre / post index accident and could
not be attributed to the index accident.
Post exchange and disclosure DWF successfully applied to rely on
an Amended Defence pleading fundamental dishonesty and the
Claimant approached with a drop hands offer. This was not
accepted given that the Claimant had the opportunity to drop hands
earlier in the proceedings and DWF placed on notice that if the
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claim was discontinued an application would be made for
fundamental dishonesty. The parties agreed for costs recovery in
the sum of £1,000.00.
Recovery: £1,000.00.
Technical Interest: Agreements on costs can be agreed outside of
QOCS by way of a Tomlin Order and enforced in contract.
Savings against presented claims:
Details Amount
PI £10,000.00
Physio £455.00
Claimant's costs £7,968.20
Total £18,423.20
Masood Ali v Marston Green Logistics
DWF: 2019226-14, Ben Harper
DCL: A2016/000281
Fraud Type: Staged / Contrived
Outcome: Repudiated Pre Litigation
Headline: Claim withdrawn following Part 18 request / concerns the
incident was staged.
Overview: There were concerns that the incident was staged. A
search was carried out on the third party vehicle on the day of the
collision but prior to the time it was alleged to have occurred. A s29
DPA reply from Experian confirmed it was by a company linked to
the engineer. A Part 18 request was issued to pin the Claimant
down to the time of the accident. Following the request the claim
was withdrawn.
Technical Interest: Whilst a Part 18 request cannot be compelled
by application pre litigation it is a useful method of asserting
pressure on Claimants / obtaining early information.
Savings against presented claims:
Details Amount
PI £2,500.00
PAV £6,120.00
Hire - £5,000.00
Claimant's costs £2,500.00
Total £16,120.00
Dale McCall v Nijjar Dairies
DWF: 2019226-13, Lucy Bevan
DCL: A2015/005649
Fraud Type: Causation & occupancy
Outcome: Repudiated Pre Litigation
Headline: Withdrawn claim from own insured employee
Overview: Own insured passenger claim with initial occupancy
concerns. Occupancy was confirmed with the Policyholder but no
report of any injury from their employee. Suspected that this was
a reaction claim from the passenger who left their employ and the
claim was withdrawn following requests for disclosure to support
the alleged claim.
Savings against presented claims:
Details Amount
PI £3,000.00
Claimant's costs £840.00
Total £3,840.00
66784228-3 9
Jessica Denbigh v E P Refigeration Ltd
DWF: 2019226-44, Ben Harper
DCL: A2017/001424
Fraud Type: Causation & occupancy
Outcome: Discontinued Pre Trial
Headline: 5 PI claims withdrawn owing to occupancy concerns
Overview: Engineering evidence was obtained from Acume which
supported causation and the named driver reported that he saw the
head of one small child in the vehicle but could not support there
being 3 other children in the car. Medical records were sought and
the Claimants accepted an offer for payment of vehicle damage on
the condition that the PI claims were withdrawn.
Savings against presented claims:
Details Amount
PI £12,500.00
Claimant's costs £6,129.47
Total £18,629.47
Kamil Miah v Prime Halal Poulty & Meat
DWF: 2019226-84, Ben Harper
DCL: A2017/007911
Fraud Type: Phantom Occupancy
Outcome: Repudiation Pre Issue
Headline: Claim repudiated following CCTV footage which
disputed his occupancy.
Overview: CCTV footage was obtained from the third party coach
which did not support the Claimant’s occupancy. Proof of a travel
ticket was requested and the Claimant withdrew his claim.
Savings against presented claims:
Details Amount
PI £2,500.00
NHS £675.00
Claimant's costs £1,050.00
Total £4,275.00
Hamidulla Keshtmand v Glasgow Car
Movers Ltd
DWF: 2019226-5, Lucy Bevan
DCL: A2015/004329
Fraud Type: Exaggeration
Outcome: Discontinued Pre Trial
Headline: Entire claim discontinued following disclosure of
Claimant’s medical records which evidenced that he was "not
physically hurt” despite a significant PI claim where he thought he
was going to die.
Overview: The Claimant alleged that the named driver reversed
into collision with his Mercedes. The named driver failed to report
the incident and following a period of unrelated illness absence he
denied any involvement but failed to assist with enquiries having
left the employ of the Policyholder company.
Notwithstanding the named driver’s failure to assist, the claim was
defended on exaggerated injury. The Claimant denied any
accident history which was false and significantly exaggerated his
claim claiming that he thought he was "going to die” in a reversing
collision. DWF pushed for medical records disclosure to evidence
further credibility concerns which revealed that he attended his GP
1 month post-accident where he said he was not physically hurt but
had trouble sleeping. The claim was formally repudiated pre-trial
and the Claimant discontinued his claim including vehicle damage.
Technical Interest:
Without disclosure of the Claimant’s medical records this claim
would likely have settled and this evidences the importance of
obtaining medical records in undermining the claim and utilising this
and a threat of fundamental dishonesty to withdraw an otherwise
potentially genuine vehicle damage claim.
Details Amount
PI £3,450.00
PAV £2,679.07
Misc £40.00
Claimant's costs £5,972.98
Total £10,640.00
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Janaka Kankanmge v Paramore Ltd
DWF: 2019226-102, Sue Potts
DCL: A2017/001289
Fraud Type: Liability dispute & deliberate secondary impact
Outcome: Repudiation Pre Litigation
Headline: Claim repudiated on evidence that the Claimant
deliberately slammed on his brakes.
Overview: The incident involved 2 impacts and dash cam footage
suggested that the second incident was caused deliberately by the
Claimant slamming on. A repudiation was issued and the claim
was withdrawn pre litigation.
Savings against presented claims:
Details Amount
PI £6,000.00
Misc £100.00
NHS £1,770.00
Claimant's costs £2136.00
Total £10,006.00
Joanne Bostock v P B Donoghue Ltd
DWF: 2019226-50, Ben Harper
DCL: A2017/004036
Fraud Type: Fabricated Injury
Outcome: Repudiation Pre Litigation
Headline: 2 claims withdrawn following successful PADA for
medical records.
Overview: The claim was formally repudiated following the
Claimant’s denial on two occasions via telephone and email that
either Claimant was injured and following a successful pre action
disclosure application for medical records which supported the
concerns.
Technical Interest: This case demonstrates how applications for
pre action disclosure can secure the evidence required to fully
repudiate a claim prior to the issue of proceedings.
Details Amount
PI £7,500.00
Claimant's costs £4,500.00
Total £12,000.00
Bishwas Raj v Robsons of Spalding Ltd
DWF: 2019226-125, Craig Budworth
DCL: A2017/006172
Fraud Type: Phantom occupancy
Outcome: Repudiation Pre Litigation
Headline: Claims withdrawn following call recording from driver
denying passengers.
Overview: Claims were intimated by 2 passengers yet there was a
call recording from the third party driver stating that he was the sole
occupancy and no medical attendances from the phantoms. The
named driver however supported 3 occupants, although the
Claimants withdrew their claims.
Savings against presented claims:
Details Amount
PI £8.000.00
Physio £957.00
Misc £30.00
Claimant's costs £3,164.88
Total £12,151.88
66784228-3 11
Gheorghe Duman v ECM Ltd
DWF: 2019226-28, Ben Harper
DCL: A2015/003651
Fraud Type: Phantom passenger
Outcome: Repudiation Pre Litigation
Headline: Claimants’ caught as phantom occupants thanks to
driver’s photographs of folded down rear seats
Overview: Two claims were submitted for personally injury from
alleged third party occupants whereas the named driver saw that
the vehicle was empty and there were a number of people sat
outside a property when the impact occurred. The claims were
formally repudiated following Part 18 replies from one Claimant
who stated that he was a rear seat passenger whereas
photographs taken at the scene evidenced that the rear seats had
been folded down / taken out.
Technical Interest: Evidence of the use of Part 18 requests pre-
issue to tie down the Claimant’s evidence to issue an early
repudiation.
Savings against presented claims:
Details Amount
PI £11,000.00
S&R £1,618.80
Claimant's costs £4,000.00
Total £15,618.80
Ravinderjit Sangha v S & D Meat &
Poultry
DWF: 2019226-110, Ben Harper
DCL: A2017/005573
Fraud Type: Liability & Late Notification
Outcome: Withdrawn Pre Litigation
Headline: Suspected farmed claim withdrawn.
Overview: This was a potential farmed claim linked to Operation
Orchid involving Q C Law. Disclosure was requested from the
Claimant and the claim was withdrawn pre-issue.
Savings against presented claims:
Details Amount
PI £2,500.00
Claimant's costs £936.00
Total £3,436.00
Waqas Khalid v M Lutt & Sons
DWF: 2019226-97, Sue Potts
DCL: A2017/002580
Fraud Type: Roadworthy vehicle / special damages claimed
Outcome: Repudiation Pre Litigation
Headline: Hire, recovery & storage charges withdrawn following
repudiation.
Overview: DWF secured the withdrawal of the special damages
claimed as the Claimant’s insurer confirmed that the vehicle was
roadworthy and mobile and the mileage had increased during the
period of credit hire.
Savings against presented claims: Total £5,280.00
66784228-3 12
Ahmed Sabbgh-Parry v Speedlight Limited
DWF: 2019226-63, Ben Harper
DCL: A2014/000471
Fraud Type: Staged / Contrived
Outcome: Repudiation Pre Litigation
Headline: Convicted drugs criminal withdrawn claim following
evidence of dishonesty and credibility in a suspected staged claim.
Overview: DWF intelligence identified that the Claimant had been
prosecuted for heroin trafficking and that Allan English, the
engineer who inspected the vehicle was the registered keeper of
the third party vehicle, the vehicle had been MOT’d on the date of
the accident and evidence of financial distress. A formal
repudiation was issued setting out the concerns and the claim was
withdrawn pre issue.
Technical Interest: Whilst no links were established between the
parties early intelligence lead to a successful repudiation on the
basis of the parties credibility evidence.
Savings against presented claims:
Details Amount
PI £2,600.00
PAV £12,500.00
Hire £5,000.00
S&R £2,50.00
Claimant's costs £4,000.00
Total £26,600.00
Zeshan Baig v Metro Foods
DWF: 2019226-20, Ben Harper
DCL: A2016/003835
Fraud Type: Induced
Outcome: Repudiated Pre Litigation
Headline: Claim withdrawn following Part 18s in dash cam "slam
on” case
Overview: The insured vehicle was fitted with a dash cam which
showed the third party vehicle come to a sudden stop when there
was no apparent reason to do so. Tactically the dash cam was
withheld and Part 18s were raised to pin the Claimant to his
allegations. The Claimant failed to respond and abandoned his
claim including a £7,500.00 credit hire claim.
Savings against presented claims:
Details Amount
PI £2,500.00
Hire £7,500.00
S&R £2,000.00
NHS £647.00
Claimant's costs £3,500.00
Total £16,147.00
Barthomiej Ordon v North London Courier
DWF: 2019226-15, Ben Harper
DCL: A2016/001856
Fraud Type: Phantom Occupancy
Outcome: Repudiated Pre Litigation
Headline: 4 claims withdrawn following admissions that 2 were not
in the vehicle and evidence from an engineer that the vehicle could
only hold 3 occupants.
Overview: 4 claims for PI were submitted yet the named driver
claimed that there was the sole driver in the vehicle at the material
time. DWF intelligence located that a passenger featured in an
Operation as to bogus psych reports and there was evidence that
the passenger would have been aware it was bogus. Further the
vehicle had a refrigerated rear and could only fit 3 occupants.
Following repudiation 2 occupants confirmed they were not in the
vehicle and all claims were abandoned.
Savings against presented claims:
Details Amount
PI £10,000.00
Claimant's costs £6,000.00
Total £16,000.00
Lewis Seldon v Andrew Dickens
DWF: 2019226-4, Ben Harper
DCL: A2016/000072
Fraud Type: Causation / Exaggeration
Outcome: Repudiated Pre Litigation
Headline: DWF intelligence undermined PI claim where Claimant
played in amateur football matches in prognosis period.
66784228-3 13
Overview: The Policyholder rolled into the rear of third party
vehicle. He denied that injury could have been caused. Whilst the
damage to the third party vehicle was significant and undermined
an LVI defence, DWF intelligence identified that the Claimant
featured in another DWF fraud public liability claim and further that
he featured in a line up for a number of Sunday League matches
for Cardiff Eagles amateur football team during the prognosis,
including one where he was reported to have scored a goal.
The Claimant denied his involvement and claimed another player
played under his name. Following DWF’s request for sight of his
medical records, his player records and a statement from the team
manager, the claim was withdrawn pre-litigation resulting in a fraud
saving for PI, loss of earnings, physiotherapy and two passenger
claims.
Technical Interest: Showcases the importance of early intelligence
and credibility evidence against the Claimant to secure a success
even where other aspects of the claim fall support settlement.
Savings against presented claims:
Details Amount
PI £8,600.00
LOE £622.46
Physio £402.60
Claimant's costs £3,900.00
Total £13,525.06
Ashley Smith v TKG Limited
DWF: 2019226-8, Ben Harper
DCL: A2016/000629
Fraud Type: Staged / Contrived
Outcome: Repudiated Pre Litigation
Headline: 7 claims withdrawn following repudiation on staged
concerns / accident history
Overview: The insured driver disappeared post-accident and your
Policyholder was unable to establish contact with him. DWF
intelligence identified that 3 of the parties across both vehicles had
prior claims repudiated due to fraud concerns and there was
criminal activity. The staged concerns were supported by a
request from the third party for footage from the insured vehicle,
the existence of which was never disclosed, and which caused
suspicions as to the named driving waiting to pull out at a junction.
Technical Interest: Liability was admitted and offers were made
and accepted, however, no payments were made and all claims
abandoned after a strong repudiation on the basis of the above
concerns highlighting the importance of intelligence.
Savings against presented claims:
Details Amount
PI £18,000.00
Hire £6,385.44
S&R £1,887.60
Claimant's costs £7,150.00
Total £33,422.84
Mr Lawrence Etim v Heverin Haulage Ltd
DWF: 2019226-6, Ben Harper
DCL: A2015/003495
Fraud Type: Induced
Outcome: Repudiated Pre Litigation
Headline: DWF intelligence uncovers Operational links and DWF
cases linking the Claimant to induced accidents.
Overview: The Claimant alleged that the named driver hit the side
of his vehicle when turning a corner. The named driver alleged that
the Claimant undertook him in a bus lane and tried to move ahead,
hitting his vehicle. The circumstances did not fit a typical induced
incident but could have been a botched attempt. These concerns
were further supported by DWF intelligence which identified that
the Claimant featured in 2 prior DWF claims including a suspected
induced claim which was discontinued and formed part of various
Operations concerned with induced accidents. The claims were
repudiated on liability and were withdrawn pre litigation.
66784228-3 14
Technical Interest: Whilst the incident circumstances alone would
not wholly support inducement, DWF intelligence was key in
supporting the continued investigation of the claims due to
identified accident history and Operations.
Savings against presented claims:
Details Amount
PI £2,500.00
PAV £4,332.00
Hire £1,500.00
S&R £1,000.00
Claimant's costs £2,000.00
Total £11,322.00
Total fraud savings are £348,548.76
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66784228-3
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