Nationwide Breach of DPA

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Hello All,

was wondering how i would go about getting this fixed and whats sort of Compensation for the undue stress and worry that my personal details and financial information has now been made public. Nation wide have stated they will compensate me £300 which is apparently in line for this breach but i am not sure this is the case and i think it should be more but unsure what a reasonable monetary amount it should be so advice on this will very appreciated.

Case details below (its the same letter i sent Nationwide who have admitted negligence but i am awaiting final response) but just before you read the case details they did state by phone that they had my details of me from my parents accounts which cannot be correct as neither my parents banked with Nation wide and secondly they stated it was dated in 1996 in which i was under the age of 16 and my parents have never opened account for me at that age. all advice greatly appreciated.

On the 20th November 2013 after reading recent reviews and Media acknowledgements regarding Nationwide’s products and services, myself and my family decided we would open 90 day Smart savings account my child. We went to the xxxxx Branch of Nationwide on this date and inquired about this account with one of the employees of Nationwide behind the counter.

This employee then informed us that this account was available and explained the positives of this account and we then decided this was the right account for us. The employee then notified us that I would need to provide documents of my Identity and 2 recent documents with my full address on it and also my child birth certificate.

As I already read up some information on this account online, I went along with all the relevant documents with me. I was then given the application form for this account and was asked to fill this in with all the information of myself as I would be the Adult responsible for this account along with my child’s details. I filled this application form in very carefully in the Branch and then went to the same employee with my Documents. I forwarded the employee the completed application form and also my Passport, 2 recent Utility bills , my child’s birth certificate. After a few mins of the employee typing what I thought was my name address into the computer she returned my passport and birth certificate and utility bills back to my attention and asked I fill in a tax form which I duly obliged. I then inquired if I was able to along with my application provide payable opening balance amount by cheque to which the employee confirmed this would be ok. I re-iterated to the employee to note my address, name, and my child’s name and confirmed that they complied as I wanted to have the passbook there and then but the employee told me that they could not do this and that the passbook would need to be sent with my address. I reluctantly accepted but was quite shocked as my previous banks never had this procedure and they offered me the passbook in the branch. I was informed my Passbook and account details should arrive at my address within 7-10 working days and that this would be processed that day. We were given a receipt with the all information regarding the Cheque paid into the account and the name of the account.

On the 29th November 2013, as I had not received the Passbook nor account details I Phoned the xxxxx Branch to be informed that the employee who dealt with my account named xxxxxx was not able to speak to me but would call me on Monday 2nd December 2013. I was quite anxious as you can imagine with such a large amount paid in and I had no passbook. I then went into the xxxxxx Branch on Saturday Morning 30th November 2013 and spoke to an employee at the help desk named xxxxxx, who after looking on the system stated that my account was opened on the 22nd November 2013 by xxxxxx. I explained that I had not received the passbook nor information regarding my account, She then printed my account details out but an internal copy and asked for a contact number of mine so that xxxxxx could contact me on Monday and inform me of when I am expected to receive my Passbook. I asked xxxxx if she could give me a copy of that document for my proof do which she declined but wrote on the original receipt my account/roll number.
On Monday the 2nd December 2013 at 12.30pm as I had not been yet contacted, I contacted xxxxxx at the xxxxx Branch by telephone to be told by her colleague she was with another customer but she would phone me back. She contacted me at 13.30pm and informed my account was open and my passbook was sent out on the 27th November 2013 by first class royal mail. I inquired further as I told her if it was sent first class I should of received it by now as I lived in London, to which she replied that I should receive very soon she then double checked on the system and asked my address to which I stated my address as I thought it was a security procedure. After stating my address she then stated the passbook was sent to a former address I lived in. I was horrified as I never provided that address to Nationwide and I inquired why this was sent to that address and xxxxxx stated that’s the address she had on the system, I stated this could not be the fact as I know I had not provided this address in the application form nor the documents supporting it and re-iterated where she got this address from and she did not reply instead she informed that she could stop the passbook. But I stated the passbook would still contain my and my child’s account details and opening balance to which she confirmed yes. I was gobsmacked and shocked. I hang up the phone in anger and shock. She then phoned me back and asked for my child’s name to which I confirmed but by this time I was so angry and upset that my personal financial information was sent to my former address which I had not lived for coming up to a year now and to which nationwide did not have access to as I had not provided this. I went to my former address and enquired to which I was given the nationwide letter but this was opened. I am so upset and full of anger that my personal financial information was compromised in such a manner. I am unable to express in a letter.

Not only do people now know how much money I have in this account which should of only been between myself, my bank and my family, but my account details, my identity and financial details are now known to other people which is fundamental mistake of the Banking practice of safeguarding people’s financial information.
Nationwide also have now exposed my details to potential identity fraud along with my child’s, my financial information has been exposed and could lead to un-authorised transaction with my account. Nationwide have broken one of the major principles of the Data protection Act and also the Banking code of Practice. I am disgusted and so angry that Nationwide would compromise my financial information in such a manner. For the last 6 years of my child’s birth I have been saving this amount not once have any other banking institutes have compromised my financial information in the manner that nationwide have.

Whilst I understand sometimes Human error occurs, this was more than human error this was a human catastrophe and I want Nationwide not only investigate why this occurred, but how when I as consumer followed all the right application procedures and as I have never banked with Nationwide where did they obtain my former address, and why was this mistake not spotted during the approval process as someone must of spotted that the address on the system that the employee entered and the address on the application form and supporting documents did not match.
I want a full investigation and disciplinary to be taken place by Nationwide and I want to know why my financial information is now not secure and what Nationwide will do to address this and the amount of undue stress and worry that has bestowed me and my family.

I shall give the appropriate time frame of up to 8 weeks for Nationwide to do an internal investigation into this matter and await a response. Should this response be unsatisfactory I shall take my complaint further to the Banking Governing body’s the FCA and FOS and also the ICO and I will inform the media of such a disgracefully Breach of trust and security Until I am given a satisfactory explanation along with compensation for such a breach.

I attach the copy of the receipt I was given on opening the account; I also attach the covering letter with wrong address which was opened. As I am unable to access the application I ask this be cross referenced with the application and supporting documents which I provided to be used which Nationwide have in their remit and I ask I am given a copy of my application form as should I get an unsatisfactory explanation from Nationwide I am able to give all the information to the relevant Government organisations.

I thank you for taking the time to read this letter and await your reply. Should you need to contact me for further information my contact details along with my correct address is below my signature. As above I await your reply.

le_loup

I think you have received a fair offer.
You may feel entitled to more based on word count alone!

xylophone

As an aside, if you have given a large amount of money to your child (outside a tax privileged account like CTF/JISA), are you aware of the "£100 rule"?
See

http://uk.virginmoney.com/virgin/savings/learn/childrens-accounts/


"There are special rules in place with HMRC if the savings have been given by a parent. If gifts from a parent produce more than £100 gross income a year, the whole of the income from the gift is normally taxed as the parent’s income and a child cannot get back any tax on that income. Nor can interest paying accounts be registered to have interest paid without tax taken off. The £100 rule applies separately to each parent. The £100 rule applies to income arising each year and it does not matter whether the fund is comprised of part capital and part added interest. The £100 rule applies as long as income is over £100 in any one year for any one child from one parent.

For example, if a parent gives a child £2,000, which earns £98 interest, the interest belongs to the child for tax purposes and the account can be registered for gross interest. But if the £98 is added to the account, leading to £101 interest being earned in year 2, the interest has now exceeded the £100 limit. This means it now belongs to the parent for tax purposes and the account cannot remain registered for gross interest."



Is your letter over emotional?

What exactly do you want Nationwide to do to compensate you for the admitted error, bearing in mind that no amount of money can wipe the memories of those who have seen the passbook!

Sedge123

I think £300 is much more than reasonable fit this error. Obviously it should never have happened but I think they are being very generous in this case.

As others have said, what exactly are you expecting?

agrinnall

£300 seems a pretty generous offer considering you have experience no financial loss. I'd say take the offer, and if you're not happy with Nationwide move your money elsewhere.

patanne

Whilst the financial recompense is alright, I would be looking for an explanation as to how it happened. Is it possible that somehow, and without your knowledge, they do hold an old account for you? Must be worth asking the question!

innovate

A human catastrophe? Come off it!

They made an error, they admitted it, they offered you what sounds extremely fair compensation. Nobody was harmed in the process.

If you were indeed as shocked, horrified, disgusted and angry over this matter as you say you are, why do you still have the account at Nationwide?

You are right to ask for an explanation as to how they got hold of your previous address when you didn't give it to them during the application. One possible explanation is that you had, or have, an account at one of the Building Societies Nationwide have acquired.

You would also be right to request written confirmation that your old address has been completely removed from your child's account, and replaced with the address you put on the application form.

As an aside, you might want to have your letter reviewed for correct grammar before you send it to Nationwide. It will appear more credible if it is not riddled with errors. Also, if you can remove the emotion and make it a lot shorter.

pmduk

If you feel that is a catastrophe, then be grateful for the sheltered life you have lived. It's a mistake, end of. Take the money and move on. (Perhaps you should donate it to a charity that deals with real human catastrophes.)

opinions4u

£300 is more than I'd expect the FOS to offer. So take it.

That letter was a tad wordy by the way.

I want a full investigation and disciplinary to be taken place by Nationwide

Two points on this.

1) It doesn't really make sense.

2) If you mean you want disciplinary action to take place against a staff member it is not something you can insist on. It is not something you can expect to be informed about and it may, after investigation, be totally inappropriate.

lippy1923

It sounds like at some point you had an account with NW. Either when you were a child (possibly years ago and you were unaware of it) or you enquired about an account and they created you as a customer on their system, but you didn't go ahead with an account. Either way they don't just make people up on their data base so at some point in time your details were given.

It appears the member of staff who took your new ID inputted you on the system and the two customer ID's have merged, obviously with your old address instead of your new one. Now this is a mistake (human error or system error) and they have been very generous to offer £300. I would accept it and move on.

It was afterall only a passbook, which has now been stopped. You can request a new account number (if they have not already changed it) if it gives you more piece of mind. As for identity fraud I wouldn't worry to much about it. You will only drive yourself mad. Only your name and address were on the book. I'm sure the people who received the book don't actually give a monkeys about the amount of money in the account. Not that they could do anything anyway as they would need proof of ID and the passbook doesn't even have a signature in it. Your money isn't going anywhere so don't worry.

It's really no different than the postman giving your bank statement to the house next door. It's not proof of identity so relax. It's annoying but you have not lost out financially. IMO your letter is a bit emotional. Try not to worry yourself.

You say £300 is not acceptable. How much do you want? What sort of disciplinary are you after? Give us an idea of what you are looking to achieve and we may be able to help you.

If it were me, I would want to know where they had my old details from, are my records now up to date and has the account number been changed. I would also want an apology and accept the £300 and forget about it.

Gromitt

opinions4u wrote: »

£300 is more than I'd expect the FOS to offer. So take it.

That letter was a tad wordy by the way.

Agreed on both counts. I thought "TL;DR", but I actually skim-read it, which is what I would expect the bank to do. They want clear and concise complaints, not long, rambling, emotionally attached run on sentences.

I'd accept the £300 for the 'damage' caused, but still want to know how it happened, and then old details erased from all of the accounts attached to me/my child.