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RE: 07/1935809

From:s_shiels@das.co.uk
on behalf of customerrelations@das.co.uk Sent:14 March 2008 11:54:45
To: t0mcahill@hotmail.com
Dear Mr Cahill
Further to your email dated the 7th March I have received a reply from
Lyons Davidson regarding the concerns you have raised.
Re: Forms sent
I understand the following has been sent out to you by Lyons Davidson:
Case report and case plan
Letter of Engagement and Service Standards
Terms and Conditions of Business
As you are Lyons Davidsons client the agreement needs to be between you and
them although Lyons Davidson are only instructed under the terms of the DAS
policy and therefore can only act in respect of matters which are covered
under the policy and under the terms of the policy.
Should you wish Lyons Davidson to act in respect of matters outside of the
policy then you may be able to instruct them to do so subject to you
agreeing the terms of a private retainer and providing there is no
conflict.
If you feel the terms and conditions sent by Lyons Davidson contradict the
terms and conditions of the Endsleigh Legal Expenses Insurance policy and
you would like this looked into further, please let me know the
contradiction.
Re: The merits of your claim
I asked Lyons Davidson for clarification and they have advised that they
are not able to assess prospects on any claim against the Bulgarian
solicitors as this would be under Bulgarian Law and they have said they
think prospects against them would be 'very slim, expensive and ultimately
futile.'
As to the possible claim against Obelisk they advised that they need to
review all the papers before being able to advise on the possible claim and
its prospects.
Re: Auto Generated Email referring to the case fees and cost of the case
Lyons Davidson were and are aware that your case had been referred to them
by DAS and is a Legal Expenses Insurance claim. It is a requirement of the
Solicitors code of Conduct that you are advised of the potential cost of
the case. The engagement letter advises that you are primarily responsible
for payment of fees subject obviously to the proviso that the fees are
covered under the indemnity provided by the DAS policy. As previously
stated in the letter from DAS as long as there are no breaches of the
policy terms and the total costs do not exceed the maximum we will pay for
any one claim as detailed in your policy, then DAS will be responsible for
all costs incurred.
I hope this information is of help to you and that I have clarified the
issues you have raised.
Yours sincerely
Sue Shiels
Customer Relations Executive
Customer Relations Department

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