data protection act breached?

blackcat2010

Hi, not sure if this is in the right place, be grateful for any advice.

I wrote to my bank with whom ive banked with for at least 16 years to ask for the data they hold on me, i was intending to try to reclaim bank charges as im in a financial difficult situation at the moment.I paid the fee and a couple of weeks later i only received about 30 pages back and most of that was in relation to a debt collection agency connected to the credit card i had with the bank.

I wrote back to my bank to ask why i havent received the full information and by this point it had gone over the standard timescales for a dsar which i think is about 40 days?

Anyway last week i received a big parcel which looked like all the information i needed. Then the next day i received a letter apologizing for the delay but they also admitted that all the information had been sent to my previous address, which i havent lived at for nearly 18 months and which i told them about the change of address straight away.I didnt even know this had happened!

Now in the letter they have offered £300 compensation for this which im really surprised at but it must be so much as im sure they realized they have !!!!!!ed up. As said i could do with the money and that is a very tempting offer but the more i think about it and the more i read im quite worried now.
They have said they have written to my previous address to ask for the information to be sent back, but who would bother? its at least 4 packets of printer paper if they received the same as me. My previous address is a council property so i have no idea who now lives there or whether they would use the information or even if they just binned it where it could end up.

Ive only started to check the paperwork ive had but its got my full account and sort code for that account, my full credit card numbers, all my previous address over the years, my parents address where they still live, my telephone numbers etc. The more i think the more worried i am. They havent even said in the letter that my account would need to be closed, as i would have thought that would have been one of the first things to do!Im also going to have to check my credit files to make sure nothing has been applied for as well..

Has this happened to anyone else? ive contacted the ico (information commissioners office) who deal with the data protection act for advice and I am waiting to hear back, But has this happened to anyone here?

I dont want to seem money grabbing but £300 doesnt seem enough if my bank has even by mistake effectively given over my whole financial fingerprint for at least the last 10 years to someone.

grumbler

blackcat2010 wrote: »

... its got my full account and sort code for that account,

Neither is a secret, and both are printed on all your cheques.

my full credit card numbers,

I guess only one is active, if any. Cancel the card and get a replacement one with a new number.

all my previous address over the years, my parents address where they still live, my telephone numbers etc.

Not top secrets again.

They havent even said in the letter that my account would need to be closed,

It doesn't need to.

Im also going to have to check my credit files to make sure nothing has been applied for as well..

Take £300 and subscribe for a year worth of alerts with CRAs.

my bank has even by mistake effectively given over my whole financial fingerprint for at least the last 10 years to someone.

The question is whether this 'fingeprint' is of any value for anyone.

jjlandlord

It is serious because the personal info they sent must not only contain cards and accounts details but indeed personal information such as full name, address, date of birth, etc.
I.e. the full monty of identity theft and fraud.

Assuming that you correctly told them where to send the documents and that they sent them to a wrong address they have indeed seriously f*ck*d up.

I would not cash their cheque at the moment, but seek advice.

If you notify the ICO (in fact I think they should do it themselves) it will cost them much more just to deal with the work it will generate for them.

jonesMUFCforever

Did the bank get the parcel back as non deliverable?

grumbler

Obviously not as "They ...have written to ... previous address to ask for the information to be sent back".

Joe_Bloggs

I think the only fair thing to do is to report the data breach to ICO. Clearly the offending party should have also reported this breach themselves. Perhaps in an ideal world the ICO would award compensation rather than have the offender get involved in an auction with the victim to hide their institutional blunders from the ICO.
J_B.

Aquamania

blackcat2010 wrote: »

Hi, not sure if this is in the right place, be grateful for any advice.

I wrote to my bank with whom ive banked with for at least 16 years to ask for the data they hold on me, i was intending to try to reclaim bank charges as im in a financial difficult situation at the moment.I paid the fee and a couple of weeks later i only received about 30 pages back and most of that was in relation to a debt collection agency connected to the credit card i had with the bank.

I wrote back to my bank to ask why i havent received the full information and by this point it had gone over the standard timescales for a dsar which i think is about 40 days?

Anyway last week i received a big parcel which looked like all the information i needed. Then the next day i received a letter apologizing for the delay but they also admitted that all the information had been sent to my previous address, which i havent lived at for nearly 18 months and which i told them about the change of address straight away.I didnt even know this had happened!

Now in the letter they have offered £300 compensation for this which im really surprised at but it must be so much as im sure they realized they have !!!!!!ed up. As said i could do with the money and that is a very tempting offer but the more i think about it and the more i read im quite worried now.
They have said they have written to my previous address to ask for the information to be sent back, but who would bother? its at least 4 packets of printer paper if they received the same as me. My previous address is a council property so i have no idea who now lives there or whether they would use the information or even if they just binned it where it could end up.

Ive only started to check the paperwork ive had but its got my full account and sort code for that account, my full credit card numbers, all my previous address over the years, my parents address where they still live, my telephone numbers etc. The more i think the more worried i am. They havent even said in the letter that my account would need to be closed, as i would have thought that would have been one of the first things to do!Im also going to have to check my credit files to make sure nothing has been applied for as well..

Has this happened to anyone else? ive contacted the ico (information commissioners office) who deal with the data protection act for advice and I am waiting to hear back, But has this happened to anyone here?

I dont want to seem money grabbing but £300 doesnt seem enough if my bank has even by mistake effectively given over my whole financial fingerprint for at least the last 10 years to someone.

If you can demonstrate actual losses/costs you have incurred are greater than £300, then explain these to the bank.

Otherwise accept the £300 offered with good grace

Stevie_Palimo

As per Aquamania's post above the ICO would look into it but if you took this legal yourself then getting more than the £300- offered above will be difficult.


Now you could try and push the bank for more by saying that this has caused considerable upset and worry but I reckon at a push they may increase by another £100- £200.00 maximum, Banks do expect people to negotiate on offers sent out by them and it is worth while seeing what they say at least.

jjlandlord

Stevie_Palimo wrote: »

As per Aquamania's post above the ICO would look into it but if you took this legal yourself then getting more than the £300- offered above will be difficult.

Clearly, if they offer £300 out of the blue it means that they consider that this is a cheap way out...

Stevie_Palimo

jjlandlord wrote: »

Clearly, if they offer £300 out of the blue it means that they consider that this is a cheap way out...

Yes but they may also stand there ground if it went the legal route and I have seen ICO breaches going to Court where a claimant was seeking a few thousand under the DPA and ended up with just actual costs back of around a few hundred pound.


Best way forward to get more is to go back to the bank and say sorry I feel the offer is low against the stress and upset I have incurred here, They may then offer more but I doubt it will be much higher and probably another £100 - £200.00.

jonesMUFCforever

To get any more IMO OP would have show how this has impacted on him otherwise I think it is a good offer.