Bank given out personal details - help please

alanq

Do you share a first name, or initial, with the ex? e.g. two Mrs Jane Bloggs or a Jane and a Joan?

If not, then there is even less excuse for any confusion arising.

YorkshireBoy

Herbalus wrote: »

You said earlier that the £25 was compensation just for the phone call

I didn't read it that way. OP said they...

"offered me £25 compensation and to refund the cost of the phone call"

OP, my only experience of a (minor) DPA breach resulted in a 'standard' (for my bank) £150 compensation payment being made. In my case they simply told someone else in writing that I had a sole account (in addition to the joint account held with the other person), but made no mention of the balance, or other account activity.

matttye

cazthecouponchick wrote: »

Thanks for your comments. It definately happened... I have spent two hours on the phone this morning to the bank who said 'its a bit of a balls up'. The acknowledged that it happened and offered me £25 compensation and to refund the cost of the phone call. My husband & his ex-wife are amicable, we have been together for 12yrs so its not a recent split and there is no reason for her to be cause ructions. Quite pleased she called to tell us. So yes the bank called the ex-wife, did not go through any security questions just started discussing my banking details!

You can hold out for more compensation if you like but has the breach caused you any damage or just distress?

http://ico.org.uk/for_organisations/data_protection/the_guide/principle_6/compensation

The Information Commissioner's Office says that compensation is not normally paid out for distress alone; only damage.

The example it gives is that if your name was added to an employee fraud database but was then removed before you applied for a job, you would not have been caused any damage and would therefore not be entitled to compensation.

Clearly companies may decide to pay compensation simply as a good will gesture/apology for their mistake.

alanq

Ombudsman considered £50 adequate for a bank setting someone up with an incorrect address. The circumstances were somewhat different but unless there has been an actual financial loss I don't foresee a large pay out.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/45/45_bankers_duty.htm

Making a formal complaint and making clear that unless there is a satisfactory response the Ombudsman will be involved may improve on £25 as it will cost the bank more to deal with the Ombudsman than improve on its offer.

dalesrider

cazthecouponchick wrote: »

The question is do i accept £25 or do I follow up with a formal complaint letter as it seems they have made several mistakes. thanks for your comments by the way.

I take it you have alreaady mentioned the word COMPLAINT to them....
You do not need to write to them to complain. A complaint can be raised by phone.
To be honest this will/should have already been raised as a complaint.

If it has not been the their "Business information risk officer" will be down on someone like a ton of bricks as this could cost them big time in fines as this will have to be reported higher up.

Refuse the £25 and advise them that you will wait till they have finished their investigation into how and why this happened. Before you make any comment on compensation on this matter. Remind them that this COMPLAINT will stay open till it is resolved (they have 8 weeks)

Could it be that your partner has never updated his contact details with them?
Which could be why they called the Ex in error?
I hope it was a joint account that was discussed as well..

Some staff member is going to be facing a serious disciplinary action here. And with good reason.

matttye

dalesrider wrote: »

I take it you have alreaady mentioned the word COMPLAINT to them....
You do not need to write to them to complain. A complaint can be raised by phone.
To be honest this will/should have already been raised as a complaint.

If it has not been the their "Business information risk officer" will be down on someone like a ton of bricks as this could cost them big time in fines as this will have to be reported higher up.

Refuse the £25 and advise them that you will wait till they have finished their investigation into how and why this happened. Before you make any comment on compensation on this matter. Remind them that this COMPLAINT will stay open till it is resolved (they have 8 weeks)

Could it be that your partner has never updated his contact details with them?
Which could be why they called the Ex in error?
I hope it was a joint account that was discussed as well..

Some staff member is going to be facing a serious disciplinary action here. And with good reason.

Will the ombudsman even deal with a data protection matter? (Something not at all limited to the finance industry)

Seems the information commissioners office would be more appropriate.

innovate

dalesrider wrote: »

Some staff member is going to be facing a serious disciplinary action here. And with good reason.

Well, may be or may be not.

We do not have enough information to judge whether the bank employee was at fault. (Not that we are here to judge, lol)

corbyboy

Can you put this in some context? I can see how information might get mixed up, but why on earth would a bank call somebody and just start giving out random bits of information?

When was the last time your bank phoned you up out of the blue and started telling you your own account numbers?

dalesrider

matttye wrote: »

Will the ombudsman even deal with a data protection matter? (Something not at all limited to the finance industry)

Seems the information commissioners office would be more appropriate.

It would go to both.
As it is a major failure of internal procedure, as well as a customer complaint (fos) and a data breech (ico).

innovate

corbyboy wrote: »

When was the last time your bank phoned you up out of the blue and started telling you your own account numbers?

Precisely. That's where the reported story just doesn't make any sense. There must be a lot more to it.