Bank gave out details to someonelse

*Sparkle*_3

what bank was it?

Dora_the_Explorer_5

A) She's not a child
All banks operating in the uk are governed by uk banking laws which include compliance with the data protection act
c) The bank's actions have interfered with the person's family life - human rights law, can't remember the exact phrase, as sit has damaged the relationship with mother
D) When haggling start at the top
E) Banks are making billions from their customers when their customers aren't compliant with T & C, it shouldn't be a one way street

stugib

Dora_the_Explorer wrote:

A) She's not a child
All banks operating in the uk are governed by uk banking laws which include compliance with the data protection act
c) The bank's actions have interfered with the person's family life - human rights law, can't remember the exact phrase, as sit has damaged the relationship with mother
D) When haggling start at the top
E) Banks are making billions from their customers when their customers aren't compliant with T & C, it shouldn't be a one way street

Law about compensation for breaches is defined as: "You are entitled to seek compensation through the Courts if damage (not just distress) has been caused by the loss, or unauthorised destruction or disclosure of your personal data. If damage is proved, the Court may also order compensation for any associated distress." So you have to have suffered damage to claim compensation, and I'm pretty sure this will mean quantifiable financial damage rather than damage to feelings or relationships.

C) Article 8-"the right to respect for private and family life, home and correspondence". I don't claim to know anything about the human rights act but from the example I've seen this would need a more active and malicious intent on the bank's behalf - i.e. they would have to have approached her mother and told her about her debts rather than let it slip.

D) Yes, but you have to be careful not to push it too far because they could go down the 'well we've made our best offer, you're being unrealistic, so now we withdraw all offers and you can sue us' route. Then you'll probably be into the realms of proving a real financial loss (rather than emotional compensation - see which in this case seems minimal - I don't think losing her mother's gifts is a loss - and proving the bank wasn't a victim of deception on the mother's part.

E) Won't get any argument from me on that one


All in all, worth some compensation IMHO but it has to be proportionate to the consequences.

surfcat

Dora_the_Explorer wrote:

A) She's not a child
All banks operating in the uk are governed by uk banking laws which include compliance with the data protection act
c) The bank's actions have interfered with the person's family life - human rights law, can't remember the exact phrase, as sit has damaged the relationship with mother
D) When haggling start at the top
E) Banks are making billions from their customers when their customers aren't compliant with T & C, it shouldn't be a one way street

a) how do you know this, she could be 16. We haven't been told.
b) We don't know the bank is operating in the uk, we haven't been told.
c) Yes the bank's actions have interfered with the family - for the better! The mother is no longer being ripped off by her own money-gorws-on-trees daughter.
d, e) Every frivolous heap of sh!te compensation claim like this takes away from savings interest and customer service time etc from other customers like me.

Mark7799

Being curious, if the Bank admitted liability in this case, could they have a claim against the mother for deception if she asked for the information? I could probably answer all questions my OH gave as her security details (or my parents come to that) and it may be difficult for the Bank to disprove things?

kar

Don't know about anyone else but in my bank you have to sign something to get any information like that. If that was the case the her mother has committed fraud.

The fact that the bank are OFFERING compensation indicates that they realise that they have breached there own rules. Other posters may want to re-read the first post as they seem to be going on about things which would mean the bank weren't doing anything wrong. I think we've got past that bit when they have offered compensation they are ADMITTING WRONGDOING.

I would certainly start with freezing interest on debts so she can sort out herself. And then i would move banks. I would certainly not stay with a bank if they had given my mother financial information about me. No matter what sort of compensation they are willing to give me.

kingkano

a) how do you know this, she could be 16. We haven't been told.

Simple really - the OP said a credit card was being sent out and there was an overdraft that the Mother was not aware of. Gotta be over 18 for these conditions to be true by my reckoning....

Searcher

hjb123 wrote:

I agree on this. The mother has probably pretended to be the daughter - or as I said in earlier post as she was paying into account it has been assumed that she was the daughter!

What I dont understand is why should the daugher get loads of compensation for this?

Anyone can pay money into anyone elses account, the bank shouldn't automatically assume they are the account holder and should obtain ID before giving out personal information.

She should get compensation because the bank have breached the data protection act and from the banks point of view that's probably a better option than the alternative.

Unless of course (as previously stated) that the mother did deceive the bank which open up a whole different can of worms

Sofa_Sogood

Zebedy wrote:

About 2 weeks ago, her mom was depositing more money into the account and decided to check on how her daughters account was doing. THE BANK ACTUALLY GAVE HER A PRINT OUT and then also informed her that her daughter had an overdraft and had applied for a credit card.

Maybe the bank thought it was money-laundering? It's not that hard to work out why is it?

Or is that me being simplistic?

Sofa_Sogood

Mark7799 wrote:

I could probably answer all questions my OH gave as her security details (or my parents come to that) and it may be difficult for the Bank to disprove things?

So could my husband, as he deposits money, and used to withdraw it, but with my signature. It's probably changed now with chip and pin, but would power of attorney have to be given if it changed for the worse?