DVLA MISUSE OF PERSONAL DATA UNDER GDPR - GROUP ACTION - NO WIN, NO FEE

Umkomaas

tkitwill90 said:

Umkomaas said:

tkitwill90 said:

I don't know.

TBH this is all seeming like it could take a little too much time and effort and I may just pull the plug whilst I still can in the 14 day period.

 Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

Why not ask the solicitors what happens should their case fail and the DVLA come in for (possibly large) costs?  Try to get confirmation in writing. 

If you don't ask now, then discontinue your claim, you'll never know. And if the case succeeds, you might miss out. 

A quick phone call followed up with an email won't cost you a penny. 

I don't know - I'm not very familiar with all the legal jargon and tbh I've not be reassured by anyone on here. Just lots of skepticism. 

The reassurance (or otherwise) can only come from the solicitors who are prosecuting their case. All you're getting here is opinion - on whichever side of the coin. You need it from the horse's mouth. Since you posted here today at midday, you could have put it all to bed - one way or the other. 

tkitwill90

Umkomaas said:

tkitwill90 said:

I don't know.

TBH this is all seeming like it could take a little too much time and effort and I may just pull the plug whilst I still can in the 14 day period.

 Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

Why not ask the solicitors what happens should their case fail and the DVLA come in for (possibly large) costs?  Try to get confirmation in writing. 

If you don't ask now, then discontinue your claim, you'll never know. And if the case succeeds, you might miss out. 

A quick phone call followed up with an email won't cost you a penny. 

 - UPDATE: Rang and asked the above. 

Awaiting an email they said they'd send my before end of the day. Will report back. 

tkitwill90

Me*

tkitwill90 said:

Umkomaas said:

tkitwill90 said:

I don't know.

TBH this is all seeming like it could take a little too much time and effort and I may just pull the plug whilst I still can in the 14 day period.

 Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

Why not ask the solicitors what happens should their case fail and the DVLA come in for (possibly large) costs?  Try to get confirmation in writing. 

If you don't ask now, then discontinue your claim, you'll never know. And if the case succeeds, you might miss out. 

A quick phone call followed up with an email won't cost you a penny. 

 - UPDATE: Rang and asked the above. 

Awaiting an email they said they'd send my before end of the day. Will report back. 

Sandtree

Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

ATE covers the defendants costs. 

tkitwill90 said:

Sandtree said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

Did you ask/read about the consequences if you want to discontinue? ATE doesn't cover this and many conditional funding agreements state that you become liable for their fees and disbursements if you do pull out whilst they still think you have a case to argue.

I'd also be careful with words... with lawyers you normally have fees and disbursements... if they say their fees are covered you cannot automatically assume disbursements are too. Lawyers are very precise with their choice of words for a reason.

I have a right to cancel before the 14 day period ends. And after reading through all the pages on this thread - I think I may be doing that. I'm not up for any nasty surprises if the DVLA manage to get out of this one. 

Certainly its something that people should look into before signing (or at worst the cooling off period running out) as there are many credit hire cases where the claimant decides they've had enough and after 3 years of letters, statements, evidence etc dont want to go to court etc  but if they pull out they suddenly have to pay the fees. 

Jenni_D

Sandtree said:

Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

ATE covers the defendants costs. 

ALL their costs, including what they'd need to pay to the other party? (Sorry but your reply as it stands still leaves things ambiguous).

tkitwill90

Jenni_D said:

Sandtree said:

Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

ATE covers the defendants costs. 

ALL their costs, including what they'd need to pay to the other party? (Sorry but your reply as it stands still leaves things ambiguous).

This is the email I received..there are grammatical errors and spelling mistakes - doesn't exactly instil confidence. 

"Further to our recent telephone conversation in relation to your Data Breach enquiry.

 

Please note that your case will proceed on a on a no win, no fee agreement. If your case is successful, there will be a maximum deduction of the success fee from any damages awarded in your case as detailed in the CFA. If your case is unsuccessful there will be no fee payable by you, as long as you been truthful and have not misled us in any way.

 

Where it is appropriate we also take out an ATE policy on your behalf which will cover you against the other side legal costs, should they claim then back if the case is unsuccessful. The cost of this policy falls within your success fee.  Therefore is at no additional cost to you.   If your case is unsuccessful, you will not be liable for this cost. In some cases the cost of the insurance will not be recoverable. Where that happens the cost of the policy will be paid from your success fee deduction."

Where it is appropriate? So who determines that? 

Not feeling this or the law firm. Think I'll be cancelling.

 

patient_dream

 In some cases the cost of the insurance will not be recoverable. Where that happens the cost of the policy will be paid from your success fee deduction."

What cases and for what reason.  This needs clarification

Cardriver45

I received this email from them yesterday

We write with an update in relation to your Dvla data breach claim. 

 

Following an initial advice from a QC on the merits of the case, which reinforces our belief and confidence in this action, we have been busy liaising with new potential claimants in preparing for the initial steps in our group action.

There is a lot of upfront work in group action in ensuring that the information and data that we have is collated in a standard format and noted accurately. We are now moving to the next phase of evaluating your claim value with the completion of the Impact Form. 

Cardriver45

They just phoned me up and asked if the driver could be identified in the photos on the NTKs. The driver definitely can't on the photos on the NTKs I was sent as their face can't be seen on either. 

Beano456

Cardriver45 said:

I received this email from them yesterday

We write with an update in relation to your Dvla data breach claim. 

 

Following an initial advice from a QC on the merits of the case, which reinforces our belief and confidence in this action, we have been busy liaising with new potential claimants in preparing for the initial steps in our group action.

There is a lot of upfront work in group action in ensuring that the information and data that we have is collated in a standard format and noted accurately. We are now moving to the next phase of evaluating your claim value with the completion of the Impact Form. 

Yes I also received that, I've filled in the impact form and will see what happens.