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MSE News: Massive Equifax data breach - what you need to know

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  • BucksLady
    BucksLady Posts: 567 Forumite
    Doc_N wrote: »

    This isn't just a TalkTalk-style breach (though that was bad enough). It's in an altogether different league.

    Absolutely and that's my concern :)
  • RG2015
    RG2015 Posts: 6,051 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Doc_N wrote: »
    Hundreds of thousands of these letters going out - obviously a load more today too.

    I'd certainly be interested to hear from Martin Lewis (who's presumably aware of theads like this even if he has little to do with MSE now) too.

    This requires some form of concerted action, and Lewis is the man to do it.

    Some clear advice on the best course of action (bearing in mind the options offered by Equifax) would also be helpful to those affected, bearing in mind that they've leaked all of these:

    Names
    Addresses
    Dates of birth,
    Usernames and passwords,
    Secret questions and answers
    Eight digits of all credit card numbers


    What more could a fraudster want? It must be like Christmas for them.
    My letter only states Name, Date of birth and Telephone number.

    Has anyone else, other than Doc N been told in their letter that any of the following have been leaked?
    Usernames and passwords,
    Secret questions and answers
    Eight digits of all credit card numbers
  • Castle
    Castle Posts: 4,793 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    So, to be technically correct, you do have the right to risk £100K+ for a small chance of gaining £2K compensation.
    Why not the small claims court, if you're only asking for £2,000?
  • Castle wrote: »
    Why not the small claims court, if you're only asking for £2,000?
    You cannot use the small claims court because it is not a money claim. Hence, "moneyclaimonline".

    If you are claiming something other than money such as distress, then it will be done using a more expensive and risky court process.

    A contingency fee agreement means you do not have to pay your own lawyers fees if you lose. But, you still have to pay the other side's costs which could be £100K+ in the high court.

    Insurance polices are available to cover those costs but you will have to pay a premium of many £1000s win or lose. Also, you are unlikely to be insured for a reasonable cost unless the case has a better than 70% chance of success. The case would have a much lower chance of success than that because the data protection act was designed with very many excuses and get outs in the event of an alleged breach.

    Trust me, this is a hiding to nothing.
  • Doc_N wrote: »
    Likewise. I'm still considering the options, and there isn't an obvious route to take.

    I'm still rather hoping that Martin Lewis will involve himself in this now that it's becoming clear how big an issue it is. An awful lot of people still think it's just a matter of a few unwanted phone calls, and Equifax are more than happy to allow people to carry on thinking that way.

    This isn't just a TalkTalk-style breach (though that was bad enough). It's in an altogether different league.

    Exactly, we need advice on this matter, please can Martin Lewis advise us all?
  • BucksLady wrote: »
    You have hit the nail on the head - but how best to proceed - that's the question because I just don't know what to do :)

    Me too, we need advice!
  • Castle
    Castle Posts: 4,793 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You cannot use the small claims court because it is not a money claim. Hence, "moneyclaimonline".

    If you are claiming something other than money such as distress, then it will be done using a more expensive and risky court process.
    If you're claiming a specific sum of money then Data Protection claims can be heard in the small claims court; here's a motorist claimed £250, (plus costs), for selling his details without permission:
    http://parking-prankster.blogspot.co.uk/2017/07/parking-awareness-services-to-pay-400.html
  • Castle wrote: »
    If you're claiming a specific sum of money then Data Protection claims can be heard in the small claims court; here's a motorist claimed £250, (plus costs), for selling his details without permission:
    http://parking-prankster.blogspot.co.uk/2017/07/parking-awareness-services-to-pay-400.html

    Are you sure? It does not actually say in the article it was on the small claims track but the costs awarded were only £100, so it may be true? Does anyone have a reference to the rules?
    I always thought it had to be a simple claim for money owed by someone.
  • Doc_N
    Doc_N Posts: 8,546 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Are you sure? It does not actually say in the article it was on the small claims track but the costs awarded were only £100, so it may be true? Does anyone have a reference to the rules?
    I always thought it had to be a simple claim for money owed by someone.

    Perfectly possible - and here's just one of many firms who'll handle it for you:

    https://www.hayesconnor.co.uk/data-protection-compensation/

    There's also this:

    https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/compensation/

    I can see this costing Equifax a great deal of money - as well it should.
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