Sending Statements to Multiple Addresses

Cotta

They called today looking for my payment details for the fine but I advised nothing would be paid until after the Ombudsman have reviewed the case.

They stated disappointment with my decision as this could lead to us being close to year end before the issue was resolved and advised that at present as I was not financially out of pocket there would be no compensation/good will due to me regardless of whether I go to the FOS or not.

Cotta

Just had first contact from the Ombudsman today on this case, it could well be a long drawn out case. The data protection breach is clear cut according to the Ombudsman and they expressed surprise that Bank of Ireland offered nothing for a clear breach. In terms of their counter claim regarding the fines the Ombudsman has not came across this as it appears to be a different issue strapped onto the final paragraph of the bank's final response letter. They are checking the validity of the mortgage advisor's email and whether I should have trusted it.

They have said there is likely to be some form of compensation requested of Bank of Ireland but this could be significantly increased if they rule against the bank in relation to the fines they've threated to impose. Bank of Ireland have completely dug their heels in on this one and I really have no idea how it will pan out.

bluffer

assuming the facts you have given so far are 100% , you should have been looking at £150-200 for the data breach, maybe 50 for the mortgage. boi should never have defended the breach.



fos will prob bump that up a bit and "wipe off" any penalty due as well as any increased payment you should have been paying. i dont think they can force them to keep the payments at the current level though if you should have been paying more.

soulsaver

Was the incorrect address actually the house you have the short mortgage on ie your old address?

A previous address? Or nothing to do with you at all?

It probably isn't material to the debate but would make it less irrational.

Cotta

soulsaver wrote: »

Was the incorrect address actually the house you have the short mortgage on ie your old address?

Yes the current tenant inadvertently opened the mortgage statement, realised their error and contacted me.

Cotta

**Update**


Adjudicator is still deliberating but called today with Bank of Ireland's feedback:


- Bank accept they sent the mail to the incorrect address after being instructed and confirming that the address was changed. They do not accept any liability as it went to my old address (the property being rented out) so they feel there was no risk as in their eyes the house should not have been rented out.


- Bank of Ireland accept that their mortgage advisor and the person whom setup my mortgage gave approval by email that I could rent out my property for the remaining juncture of the term provided I did not purchase an additional property. Bank of Ireland have indicated I should have sought more comprehensive approval and "with Mr. Cotta's experience he should have known the response was simply too good to be true". On this basis their fines and additional premium still stand.


The adjudicator is awaiting final feedback from the bank but on the outset he has advised I should be able to get the fine reversed. I asked if any compensation was in order for the address issue but the adjudicator declined to comment at this point. Do I have a case for compensation or should I be satisfied with the full reversal of the fine?

badger09

@cotta

I don't know if its just me, but no update appears until I try to quote your latest post:cool:

Have you forgotten to press 'submit'?

EDIT
It does now appear

System

Unless they specifically listed what is acceptable for their consent, a written acknowledgement from their employee is sufficient.

Their error is sending to an incorrect address, not explicitly a third party - what are you expecting the ombudsman to offer other than a small goodwill (go away) payment?

Cotta

Heng_Leng wrote: »

Their error is sending to an incorrect address, not explicitly a third party - what are you expecting the ombudsman to offer other than a small goodwill (go away) payment?

It still got into the hands of a third party.


Actually compensation wise I am not expecting anything.

Cotta

*Update*

This is a bit of an old one I have with the Ombudsman's office that I forgot about.

Not a lot of progress, BOI for whatever reason refused to release documentation to the adjudicator. The adjudicator now has this for review and called me today. From his initial response to me today her made the following observations:

- Address issue was BOI's fault, they've apologised there is not much more he can do on this one.

- The email from the mortgage advisor has had to be put into a second complaint. The adjudicator here has said that as it's only email approval and could be classified as "casual" BOI have a right not to stand over it.

I have been asked for my initial thoughts on both, I have said I'm unhappy with these initial findings, the adjudicator is going to "consult with a more experienced colleague" and get back to me.

Am I being unreasonable?