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  • FIRST POST
    • Outsider_83
    • By Outsider_83 10th Jan 18, 11:38 AM
    • 163Posts
    • 21Thanks
    Outsider_83
    Is a Verbal Apology Enough
    • #1
    • 10th Jan 18, 11:38 AM
    Is a Verbal Apology Enough 10th Jan 18 at 11:38 AM
    Hi All,

    I had a data protection breach last year with a bank but this is a little more complex and I was hoping for some help.

    I setup and new mortgage with my bank in 2016 and I asked the mortgage advisor if all corresponding documents from the bank could be sent to my new address (the mortgage I was setting up), I was assured by the bank employee that this had been done.

    In 2017 I realised mail of mine was being forwarded onto me from my old address and it was clear it had been opened, some of the documents were very sensitive including mortgage balance items etc. I contacted the bank several times to get this issue resolved and it was around August at which time I lodged a complaint, from then onto now the bank have denied any wrongdoing and have said that I did not follow procedures by asking in branch for my address to be changed when I should have done this by calling a specialist number. I in turn argued that I could not be expected to know of the internal procedures and when I speak to a member of staff and when I am advised something is done I have to trust them.

    After some more toing and froing the bank called me to issue a verbal apology and ask what I am seeking, I suggested some compensation, they said this was unacceptable and that all they would be offering is an apology and if I wasn't happy I would have to go to the ombudsman.

    As the bank were very adamant on this topic, I am wondering if I have a case or is the verbal apology as much as I can expect?

    Thanks in advance.
Page 1
    • BoGoF
    • By BoGoF 10th Jan 18, 11:45 AM
    • 3,216 Posts
    • 2,539 Thanks
    BoGoF
    • #2
    • 10th Jan 18, 11:45 AM
    • #2
    • 10th Jan 18, 11:45 AM
    What do you mean by mail being forwarded on - did you have mail redirection in place (if not you should have)
    • Oakdene
    • By Oakdene 10th Jan 18, 11:49 AM
    • 2,019 Posts
    • 7,473 Thanks
    Oakdene
    • #3
    • 10th Jan 18, 11:49 AM
    • #3
    • 10th Jan 18, 11:49 AM
    Well you haven't suffered financially, I don't think there is any emotional distress & from what you have said you didn't set up a mail forwarding when you moved, so I am not sure what compensation you are wanting.

    They have apologised, accept it & move on.
    Does dim arian 'da fi, ond breuddwydion 'da fi.

    Gwlad yr I‚ & Columbia (no Welsh word for Columbia)
    • Gary_Dexter
    • By Gary_Dexter 10th Jan 18, 11:50 AM
    • 1,329 Posts
    • 773 Thanks
    Gary_Dexter
    • #4
    • 10th Jan 18, 11:50 AM
    • #4
    • 10th Jan 18, 11:50 AM
    Why would you expect compensation?
    • PeacefulWaters
    • By PeacefulWaters 10th Jan 18, 12:26 PM
    • 8,318 Posts
    • 10,656 Thanks
    PeacefulWaters
    • #5
    • 10th Jan 18, 12:26 PM
    • #5
    • 10th Jan 18, 12:26 PM
    What happened to the £200 they offered you?

    http://forums.moneysavingexpert.com/showthread.php?t=5738343
    • badger09
    • By badger09 10th Jan 18, 12:33 PM
    • 6,004 Posts
    • 5,362 Thanks
    badger09
    • #6
    • 10th Jan 18, 12:33 PM
    • #6
    • 10th Jan 18, 12:33 PM
    What happened to the £200 they offered you?

    http://forums.moneysavingexpert.com/showthread.php?t=5738343
    Originally posted by PeacefulWaters
    That was an email data breach.

    OP has been particularly unfortunate in this respect.
    • le loup
    • By le loup 10th Jan 18, 12:37 PM
    • 3,822 Posts
    • 3,788 Thanks
    le loup
    • #7
    • 10th Jan 18, 12:37 PM
    • #7
    • 10th Jan 18, 12:37 PM
    A serial receiver of data breaches.
    Or a very bad bank.
    • Outsider_83
    • By Outsider_83 10th Jan 18, 12:39 PM
    • 163 Posts
    • 21 Thanks
    Outsider_83
    • #8
    • 10th Jan 18, 12:39 PM
    • #8
    • 10th Jan 18, 12:39 PM
    Ok I will let it go, clearly it's fine for organisations to forward my details where they wish.
    • PeacefulWaters
    • By PeacefulWaters 10th Jan 18, 12:49 PM
    • 8,318 Posts
    • 10,656 Thanks
    PeacefulWaters
    • #9
    • 10th Jan 18, 12:49 PM
    • #9
    • 10th Jan 18, 12:49 PM
    Ok I will let it go, clearly it's fine for organisations to forward my details where they wish.
    Originally posted by Outsider_83
    It clearly isn't.

    You complain.

    You ask for a sum by way of compensation.

    If it's not forthcomg you escalate to the FOS.

    It's all in your previous thread as to how to approach it.
    • eskbanker
    • By eskbanker 10th Jan 18, 1:00 PM
    • 7,446 Posts
    • 8,027 Thanks
    eskbanker
    I setup and new mortgage with my bank in 2016 and I asked the mortgage advisor if all corresponding documents from the bank could be sent to my new address (the mortgage I was setting up), I was assured by the bank employee that this had been done.
    Originally posted by Outsider_83
    The way you've phrased that suggests that you perhaps weren't formally advising your bank of a change of address (you presumably wouldn't have moved at this point anyway?) but merely asking a mortgage advisor to forward documents relating specifically to the mortgage formalities to an address other than the one the bank had on record for you. Is it possible that they agreed to send certain documents to the new address but without committing to change the address to be used for all other banking matters, e.g. current account statements, etc?
    • SPalin
    • By SPalin 10th Jan 18, 1:10 PM
    • 171 Posts
    • 41 Thanks
    SPalin
    Presumably, the owners of your former house would already have had some of your personal data to enable the sale.

    Wouldn't the land registry have details of new property including sale price and value of any mortgage secured upon it. This would be a matter of public record.

    This discounts your details and those of your mortgage - what other details do you think might have 'been disclosed'?
    • Outsider_83
    • By Outsider_83 10th Jan 18, 1:30 PM
    • 163 Posts
    • 21 Thanks
    Outsider_83
    Presumably, the owners of your former house would already have had some of your personal data to enable the sale.

    Wouldn't the land registry have details of new property including sale price and value of any mortgage secured upon it. This would be a matter of public record.

    This discounts your details and those of your mortgage - what other details do you think might have 'been disclosed'?
    Originally posted by SPalin

    I didn't own the house I used to live it - it was a temporary residency.


    The bank were able to partially update my details as some documents made it to the correct address, however some went to my old address and the bank also noticed that some may have went to a third address with a slightly different address (this was a clerical error)
    • 18cc
    • By 18cc 10th Jan 18, 1:46 PM
    • 535 Posts
    • 324 Thanks
    18cc
    All banks give verbal apologies - I don't know any that use pictures, or semaphore or anything like that
    • eskbanker
    • By eskbanker 10th Jan 18, 1:49 PM
    • 7,446 Posts
    • 8,027 Thanks
    eskbanker
    All banks give verbal apologies - I don't know any that use pictures, or semaphore or anything like that
    Originally posted by 18cc
    OP is hoping for some pictures of the Queen....
    • Flobberchops
    • By Flobberchops 11th Jan 18, 10:30 PM
    • 747 Posts
    • 535 Thanks
    Flobberchops
    Well, did you give your bank your correct address details as soon as you'd moved? (Not clear from the above). If you hadn't given an explicit instruction or were slow in updating your details then I'm afraid that's your fault.

    If it was a bank error then you'd have more of a claim. However as you clearly haven't been directly financially impacted it would fall to you to demonstrate that a verbal apology isn't sufficient. The way I see it, if you really don't trust this bank to hold your money and personal information, you should be looking to change banks, not angling for compensation.
    I work for a UK bank, but any comments made on this forum are solely my personal opinion. Caveat Emptor!
    • Shakin Steve
    • By Shakin Steve 12th Jan 18, 6:57 AM
    • 1,456 Posts
    • 1,200 Thanks
    Shakin Steve
    I had similar to this with my bank. Our mortgage is with our bank and, when we moved, I went into the banking app and updated our address in the personal details section. The change was accepted. When we received our redirected mail it had our old address on it. I phoned the bank only to be told the same as above, I should have rung them and told them about the change of address.
    The mail in question was this forums old favourite.......a chequebook.
    I came into this world with nothing and I've got most of it left.
    • Malchester
    • By Malchester 12th Jan 18, 6:14 PM
    • 102 Posts
    • 55 Thanks
    Malchester
    The answer is YES
    • callyw
    • By callyw 12th Jan 18, 6:52 PM
    • 7 Posts
    • 13 Thanks
    callyw
    A verbal apology can be enough - but only if you confirm explicitly that you are happy that your complaint has been resolved. This is in line with the informal resolution business day + 3 process introduced by the FCA in recent years.

    If you are not happy with the verbal resolution offered then you should ask for your complaint to be investigated in full. You can do this by telephone or in writing. The business has 8 weeks to resolve your complaint and send you a final response detailing the outcome of their investigation. If you are not happy with the final response or if they do not respond in time, you will then have the right to refer your complaint to the financial ombudsman service.

    In terms of compensation that should be offered in the event that an error is identified, it really does vary based on the impact that the error had on you. You may find it helpful to look at the following link: financial-ombudsman.org.uk/publications/technical_notes/non-financial-loss-compensation.html (sorry couldn't actually make it a link as I apparently don't have enough posts)

    There are some case studies relating to using an incorrect correspondence address, showing how the same error can affect consumers differently. You will also see a breakdown of their suggestions of compensation for mild, moderate, severe levels of impact.

    Hope this helps.
    • stclair
    • By stclair 13th Jan 18, 6:28 PM
    • 6,459 Posts
    • 3,419 Thanks
    stclair
    Sometimes you have to notify different parts of the bank.

    Example if you change your address for your current and savings account with RBS it wonít update your credit card as itís on a different system.
    Im an ex employee RBS Group
    However Any Opinion Given On MSE Is Strictly My Own
    • PeacefulWaters
    • By PeacefulWaters 14th Jan 18, 7:29 AM
    • 8,318 Posts
    • 10,656 Thanks
    PeacefulWaters
    Sometimes you have to notify different parts of the bank.

    Example if you change your address for your current and savings account with RBS it wonít update your credit card as itís on a different system.
    Originally posted by stclair
    That, in this age of technological achievement, is pathetic from RBS.
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