Is a Verbal Apology Enough

Outsider_83 · 10 January 2018 at 12:43PM

Hi All,

I posted this within the bank section but as it's mortgage related it maybe more appropriate here.

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.

[Deleted User] · 10 January 2018 at 12:54PM

An apology sounds good.

Mortgage_Adviser · 10 January 2018 at 12:55PM

Has the bank admitted their wrongdoing formally?

What do you want to be compensated for here? Have you suffered any financial loss as a resuklt of the breach?
Compensation is normally to cover the costs and losses.

They could offer you a gesture of good if they want to. But they are not oblidged to do so.

Do you have any evidence saying that the mortgage adviser accepted your instruction to change the address?
Or is it your word against his?

If so, how would the bank know you are not lying about asking to change the address in order to get some easy money for nothing?

dunstonh · 10 January 2018 at 1:18PM

In reality, this is a minor breach. Mail forwarding should not involve the mail being opened. That is not the fault of the bank. Last time we used mail forwarding, it turned up in a bag and it was clear it had been forwarded. So, it was clear early on that the sender had the old address and allowed us to correct those we wanted correcting.

Looking at compensation, you have to consider what you have lost? Have you lost out financially, have you lost an arm or a leg or been off work? You cant expect compensation for something unless you have lost something. Sometimes they will allow for time spent resolving an issue. However, it's not clear you have lost out on anything because of this error.

Did the mortgage adviser send his/her documentation to the new address? how you have worded it, it could be interpreted that you only wanted their stuff to go the new address. It is a strange request to have mail sent on to the new address before the mortgage is completed. Especially if the property is not owned by you at that stage (its unclear what the chain was from your post). The point here is that there could be credible reasons why your address wasn't changed for everything or at all and that the error was understanding and miscommunication.

This is the sort of error that sometimes gets you £10 or £25 if the bank is feeling generous (and they have an internal way of looking at the profitability of you and your standing within the bank). If they are offering you nothing it either means they don't really want you and/or you haven't made your case well enough.

The FOS is an independent arbiter of complaints. It is not a consumer champion. If you were to refer it to them. what evidence do you think they would look at and decide to change the decision and award you £10-£25?

Outsider_83 · 10 January 2018 at 1:42PM

Mortgage_Adviser wrote: »

Has the bank admitted their wrongdoing formally?

What do you want to be compensated for here? Have you suffered any financial loss as a resuklt of the breach?
Compensation is normally to cover the costs and losses.

They could offer you a gesture of good if they want to. But they are not oblidged to do so.

Do you have any evidence saying that the mortgage adviser accepted your instruction to change the address?
Or is it your word against his?

If so, how would the bank know you are not lying about asking to change the address in order to get some easy money for nothing?

The only thing is that half my documents went to the wrong address and half to the correct. The bank have advised in this instance that a change was made but not done correctly, the bank are also unable to advise how much mail went to the wrong address.

dunstonh · 10 January 2018 at 2:17PM

The only thing is that half my documents went to the wrong address and half to the correct. The bank have advised in this instance that a change was made but not done correctly, the bank are also unable to advise how much mail went to the wrong address.

What documents went to the new address? was it the new mortgage-related stuff only?

Banks often have to change the address in multiple places. So, if the mortage clerk did only change the area related to the mortgage then this would make sense with the mail being split.

bigstevex · 10 January 2018 at 3:17PM

The person receiving your mail and opening it committed the fraud as most envelopes say 'to be opened by addressee' or private on them.

Bank owe you £0 for the £0 loss of time or money you've had

ytfcmad · 10 January 2018 at 3:35PM

The same/similar thing happened to me twice (over 5 years) each time i complained i was compensated via a cheque for £250 each time.

This was with HSBC, the only way they learn is to hit them financially even in a small way as they will have to audit each case where they payed out.

I never incurred any financial loss on either occasion.

ValiantSon · 10 January 2018 at 6:55PM

ytfcmad wrote: »

The same/similar thing happened to me twice (over 5 years) each time i complained i was compensated via a cheque for £250 each time.

This was with HSBC, the only way they learn is to hit them financially even in a small way as they will have to audit each case where they payed out.

I never incurred any financial loss on either occasion.

In which case you were not compensated, but rather were given a goodwill payment. You cannot be compensated if you have suffered no loss.

-taff · 10 January 2018 at 7:01PM

bigstevex wrote: »

The person receiving your mail and opening it committed the fraud

No they didn't. They would only have acted illegally if they were going to use the contents to the detriment of the adressee.

davidmcn · 10 January 2018 at 7:07PM

-taff wrote: »

No they didn't. They would only have acted illegally if they were going to use the contents to the detriment of the adressee.

Not even that - they're only acting illegally if they actually commit fraud (or, say, steal the contents). It's not illegal merely to open mail after the postie has put it through the correct letterbox.

Is a Verbal Apology Enough

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