Is this feasible?

[Soldier1357]

First of all hi everyone, thank you for letting me join your forum.*

I have recently submitted a claim with one of those no win no fee places, this one is called irvings law.*

Now I'm wondering if the claim is even worth going through with or if I'm wasting my time.*

About 2 years ago now a payday loan company added MY loan onto my dad's credit file, they didn't believe me and I had to send screenshot and all sorts to prove it, they still didn't help me and told me its up to the credit file provider and nothing to do with them.

It led to a lot of bad blood between me and my dad and I eventually moved out, I really feel like I wasn't given the resolution at the time they just fobbed me off and blamed the credit file provider and told me to deal with it. Eventually they took it off about 6 months later I believe but they never confirmed it to me.

Irvings law seem to think I have a viable case against them for causing distress and also due to data protection as my dad knew I was taking out high cost loans, what do you guys think? I'm not asking for moral judgement as in "shouldn't be taking out pay day loans" this was a good couple of years ago now and I'm debt free.

Thanks you to all who respond

[redstar]

Sorry was your dad a garuntee why would he be on your credit file? If so why pay a third party raise dispute resolution your dad could not support loan payments etc or is this an additional for solicitors sorry but need clarity

[redstar]

Sorry an advertisment not additional*

[Soldier1357]

Hi Redstar, no not all, he had nothing to do with the Loan, I lived at the same address and his name is XXX Brown and mine is XXXX Brown. I assume they just made a mistake. It is not a guarantor loan at all

[Celestine]

Ouch, that's a dreadful data breach, sorry to hear that happened.*
I can do some research on Irvings Law - how far down the line with them are you? It can be difficult to cancel these contracts if you're suffering buyers regret!*

[Celestine]

Irvings are a SRA regulated law firm which gives you protection. Looks like they offer no win no fee in these cases which means they will recover their legal costs from the opponent and you get to keep all your compensation if successful, if unsuccessful it doesn't cost you anything. I don't know them as a firm but if they have offered you a NWNF agreement for a case like this, it means they believe you have a strong case for claiming compensation. I can check the SRA complaint registers but overall things look pretty normal.
https://www.irvingslaw.com/gdpr-data-breach/

[Soldier1357]

Thanks celestine I appreciate your response, I was just a little worried due to the whole "you pay our fees of you win thing" because its all claimed back from the opponent. Also they said I get insurance in case I lose.*

[Celestine]

Thanks celestine I appreciate your response, I was just a little worried due to the whole "you pay our fees of you win thing" because its all claimed back from the opponent. Also they said I get insurance in case I lose.

It's well worth studying the Conditional Fee Agreement and client care letter very carefully. Technically 'you' do pay the fees, it is technically your bill and you cannot ask an opponent to pay imaginary costs, so the wording can be confusing. The opponent will be notified that a CFA is in place and will be aware that they would be liable to pay your legal costs if they lose the case. Cases like this would most likely be settled through pre-action discussions. If I recall correctly damages of between 6-11k are in the right area, possibly higher now. Your case is aggravated by the involvement of your father. Is the pay day loan company still operating btw?*

[Celestine]

If they have ATE insurance in place for your case, that is further reassurance that their insurer believes your case is solid.*

[Soldier1357]

Ah okay i see, I spoke to the solicitor on the phone also just confirming the charges and he stated that it is very rare that I would have pay anything more than the 25% fee they charge anyway.

the pay day loan is still active because I had confirmation on the phone from an employee that I don't have to pay anything until it is sorted. I only realised a few weeks ago that it was taken off his account a few months after it happened.*

im currently paying back the loan but its doubled in value as well *

to be honest I'm not really expecting much from it, I would say what you mentioned seems quite a lot. I've never done anything like this before, is that really what would be expected?*

[Soldier1357]

Sorry I didn't see your last message, yes it wasn't very nice and it caused a lot of bad blood between myself and my father, it's not buyer's regret as I feel i deserve something from this and they seem like a good company the payday loan company is still active at the moment.*

[Celestine]

25% sounds more like a DBA (Damages Based Agreement)- Not quite as good as CFA but still reasonable enough in that the law firm do not get paid unless they win the claim. (You will pay them 25% of whatever you receive) Please feel free to share progress with us as this sounds like an interesting case.
Did you speak with the ICO at all when this happened?*

[Soldier1357]

No I didn't speak to anyone at the time, I didn't really know what to do about it, I made it very clear in emails that this was their fault and they should sort it out but they just didn't take me seriously. I was in a lot of debt at the time and the matter lead to me moving out of my dad's house so I had a lot going on. I didn't really think to do anything about it because they made it seem like it wasn't their fault. I certainly will keep you up updated.*

[Soldier1357]

Also the agreement states it is a Conditional Fee Agreement so I assume this is a CFA, my dad was also bankrupt a few years prior to the mistake so his credit was really and it made it worse temporarily.

[Soldier1357]

Hi all, just an update on the case. Turns out the loan was never removed and its been on my dad's credit file for over 2 years since I requested it to be removed.*