Page 147 - Bundle for MF Final
P. 147

Bates no   146






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                                                              APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
                                                                    PART 5:CHRONOLOGY OF INSURANCE CLAIMS
                    5.27  JOINT SETTLEMENT MEETING: 9 MARCH 2018
                                                 TH
                    123.  The Joint Settlement Meeting was held 105   on 9 March 2018.  LPJS sent the Claimant an
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                        SMS message while the meeting was in progress to remind him to disclose all the
                        compensation he had received and from his response she believed that he had.  However,
                        it appears that the Claimant may not have told Kingsley Napley that he had qualified as a
                        ground training instructor and the negotiation was  more likely on the understanding that
                        his residual earnings - as a low-grade office-personnel worker-would be limited to
                        £30,000 per annum.

                    124.  Damages of £460,000.00  [or £325,159.94 after offsetting interim payments of
                        £40.000 and a success fee of £95,000 payable by the C/aimant 06Jwere agreed. The
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                        Claimant was disappointed.  However,  LP JS hoped and believed that the reduction of the
                        Claimant's expectation of a million pounds plus settlement to £460,000 was attributable
                        to an adjustment for the AIG and Cirencester  Friendly policies.

                    5.28  HISTORY OF INTERIM PAYMENTS
                     125.  The Claimant had continuously pressurised Kingsley Napley to obtain interim payments
                        from Diamond Insurance, pleading penury to the point of bankruptcy, when he had
                        £900,000 in his bank account.

                        For example:

                            •  On 20 January 2017 he told  Kingsley Napley that he had paid f250k10 into the
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                               mortgage account, was struggling financially and  "that's why I need the interim
                               payments....  This money is not holiday or party money.  lt"s in our' � Barclays
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                               mortgage account;
                            •  On 13 June 2017, he said  had it not been for the Cirencester Friendly income
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                               replacement policy he would have been  "homeless and no one would have
                               looked after him";

                            •  On 17 June 2017, he told Kingsley Napley that the Cirencester policy had saved
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                               him from going bankrupt;

                            •  In his February 2018 witness statement, he said that he had only survived because
                               of the Cirencester policy and that it  "saved him from ruin".
                         All of the above - and other tales of a like kind - were deliberate lies to extract interim
                         payments and other compensation from Diamond Insurance.                    �     WU,l   �
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                     5
                    10 Kingsley Napley
                    106  And which were recoverable under the AIG policy,  but not claimed
                    107  He could not admit the truth that the payment was for £500,000
                    108  It was not his account
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