Financial Provider Data Breach - Claim Rights

bullishdoji

I have recently been informed that a financial provider I used has recently suffered a data breach, and that I am one of the effected individuals. The breach meant a lot of my personal information was stolen, including; name, address, dob, email, password, and even credit report information.

What are my rights to claim? And is the retailer who insisted I use them as their finance provider, and took the information on my behalf, also responsible in some manner? Is it worth instructing a solicitor specialising in this area?

It doesn't help that I also had a bad experience with this company in the first place, and this adds insult to injury, hence my eagerness to take legal action.

David713

bullishdoji said:

What are my rights to claim? And is the retailer who insisted I use them as their finance provider, and took the information on my behalf, also responsible in some manner? Is it worth instructing a solicitor specialising in this area?

Claim for what?
If you can show that you have suffered any financial loss then yes, you will have a valid claim for those losses but at the moment you have nothing to claim for.

bullishdoji

David713 said:

bullishdoji said:

What are my rights to claim? And is the retailer who insisted I use them as their finance provider, and took the information on my behalf, also responsible in some manner? Is it worth instructing a solicitor specialising in this area?

Claim for what?
If you can show that you have suffered any financial loss then yes, you will have a valid claim for those losses but at the moment you have nothing to claim for.

If I use a company, especially a financial provider who holds very sensitive information, I expect my data to be held as securely as possible. In this respect they have failed, and therefore put me at risk of fraud and identity theft. For that, I should have the ability and/or right to hold them accountable.

MobileSaver

bullishdoji said:

David713 said:

bullishdoji said:

What are my rights to claim?

Claim for what?

 I should have the ability and/or right to hold them accountable.

You do have the right to hold them accountable and presumably they have already contacted you and apologised?

But as David713 said, what has that to do with a "claim" for anything? Assuming you are referring to claiming compensation, have you suffered a financial loss that you wish to claim for?

JamoLew

They will be held accountable - by the relevant governing bodies/laws etc

Aylesbury_Duck

bullishdoji said:

David713 said:

bullishdoji said:

What are my rights to claim? And is the retailer who insisted I use them as their finance provider, and took the information on my behalf, also responsible in some manner? Is it worth instructing a solicitor specialising in this area?

Claim for what?
If you can show that you have suffered any financial loss then yes, you will have a valid claim for those losses but at the moment you have nothing to claim for.

If I use a company, especially a financial provider who holds very sensitive information, I expect my data to be held as securely as possible. In this respect they have failed, and therefore put me at risk of fraud and identity theft. For that, I should have the ability and/or right to hold them accountable.

That didn't answer the question.  Claim for what?  If/when this data breach leads to you incurring a loss or a cost, by all means sue them for that loss or cost.

In the meantime, what are you going to demand?

Ectophile

bullishdoji said:

What are my rights to claim? And is the retailer who insisted I use them as their finance provider, and took the information on my behalf, also responsible in some manner? Is it worth instructing a solicitor specialising in this area?

Not a lot, really.  To make a claim in court, you have to show that you have actually lost money.  These data breaches happen all the time these days, and people rarely end up losing money as a result.

The only real exception I can see to the money bit is for injuries, where the courts will award damages.  But the courts are reluctant to award payments for stress, inconvenience and the like unless you can put an actual monetary value on them.

born_again

bullishdoji said:

I have recently been informed that a financial provider I used has recently suffered a data breach, and that I am one of the effected individuals. The breach meant a lot of my personal information was stolen, including; name, address, dob, email, password, and even credit report information.

What are my rights to claim? And is the retailer who insisted I use them as their finance provider, and took the information on my behalf, also responsible in some manner? Is it worth instructing a solicitor specialising in this area?

It doesn't help that I also had a bad experience with this company in the first place, and this adds insult to injury, hence my eagerness to take legal action.

So are they paying for CIFAS protection?
Which finance provider is this?

mattyprice4004

The above posts sum it up well - compensation is literally as the word implies; to compensate for a loss. 
No loss, nothing to compensate for. If this changes and you do suffer a provable loss then by all means fire away, but as it stands you have two hopes and one of them is Bob. 

Aylesbury_Duck

Can you claim for loss of face?  

Manxman_in_exile

I thought that for personal data breaches you could sue for "distress" without having to prove a financial loss.  Haven't I read on these boards about awards of about £500?

Have I got that wrong?  (It's quite possible I have...     )