Sending Statements to Multiple Addresses
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Cotta
Posts: 3,667 Forumite
Hi,
I was recently at my bank to discuss my mortgage. The bank have advised there has been an issue in that my mortgage statements have been correctly sent to my address but at the same time inadvertently sent to a different address. The bank could not advise why this was happening as there was no request from me to do this but they said no breach occurred as the documents have been going to the correct address as well as an incorrect address.
Am I wrong to think that this must be a breach of some description?
I was recently at my bank to discuss my mortgage. The bank have advised there has been an issue in that my mortgage statements have been correctly sent to my address but at the same time inadvertently sent to a different address. The bank could not advise why this was happening as there was no request from me to do this but they said no breach occurred as the documents have been going to the correct address as well as an incorrect address.
Am I wrong to think that this must be a breach of some description?
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Comments
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No, you're not wrong, erroneously sending your personal data to a third party is a clear breach of the Data Protection Act, and isn't mitigated in any way by the fact that they've also been sending them to the right address!0
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Thanks, I only sought to get the issue resolved with the bank (which they have advised they've done) but recognition of an error on their side would have been nice.0
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Given that banks will have been preparing for GDPR for many months their action and their reply to you is not acceptable. Make a formal complaint to the bank plus a complaint to the ICO (and a complaint to the FOS if the banks don't provide an adequate response). You may get a few quid from the bank to keep you quiet.0
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Given that banks will have been preparing for GDPR for many months their action and their reply to you is not acceptable. Make a formal complaint to the bank plus a complaint to the ICO (and a complaint to the FOS if the banks don't provide an adequate response). You may get a few quid from the bank to keep you quiet.
I have asked the bank to look into it further, they still don't believe there is an issue. I'm not really sure they will give a few quid for this although I certainly have not asked for any.0 -
I take your point that there will have been plenty of recent focus on data protection matters and associated processes, but even without GDPR, the issue described by OP would have been a clear breach, not just of DPA 1998 but of DPA 1984 before it too, so (on the face of it) they really don't have a leg to stand on!Given that banks will have been preparing for GDPR for many months their action and their reply to you is not acceptable.0 -
It's probably unfortunate timing for them that it happened close to the GDPR implementation date, however knowing my bank as I do I think at best there will be an apology and explanation as to what went wrong. I am not expecting them to make any financial offers and I don't think they are obliged to.0
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The bank issued a "full and final" response today:
1. The letter issue was simple human error and they do not deem it as a risk and therefore will not be upholding my complaint.
Interestingly they drew attention to the mortgaged property in that it is currently rented out ( I have 7 months left on my term). They have advised that this has not been sanctioned and I am due for a fine and increased monthly premiums. However I contacted the bank months ago to arrange a "consent to let" which was approved by their mortgage advisor via email with the stipulation that I could not purchase an additional property (which I have not done).
Is it safer to refer this to the Ombudsman's office as the bank are unwilling to accept feedback and as they have said their letter is final?0 -
You could indeed escalate to FOS (not sure what you mean by 'safer'?) and, as agrinnall posted previously, also complain to the ICO about the breach of the Data Protection Act.
Probably worth considering what you'd actually wish to achieve by doing so though?
Their response does seem odd - I can understand that unwittingly disclosing mortgage statements to a third party is arguably less risky than doing so for current account or credit card data but that certainly doesn't make it OK. I imagine they're right that it'll ultimately have been human error, but would have expected them to accept the complaint and apologise at least, if not offer some sort of goodwill gesture, and confirm that it won't happen again - was their final response defiant in tone?
On the face of it, consent to let is irrelevant to your complaint so should be addressed separately - it sounds like they're trying to use a faulty 'two wrongs make a right' argument!0 -
You could indeed escalate to FOS (not sure what you mean by 'safer'?) and, as agrinnall posted previously, also complain to the ICO about the breach of the Data Protection Act.
Probably worth considering what you'd actually wish to achieve by doing so though?
Their response does seem odd - I can understand that unwittingly disclosing mortgage statements to a third party is arguably less risky than doing so for current account or credit card data but that certainly doesn't make it OK. I imagine they're right that it'll ultimately have been human error, but would have expected them to accept the complaint and apologise at least, if not offer some sort of goodwill gesture, and confirm that it won't happen again - was their final response defiant in tone?
On the face of it, consent to let is irrelevant to your complaint so should be addressed separately - it sounds like they're trying to use a faulty 'two wrongs make a right' argument!
I think the consent to let part is to counter their error with the documents, I emailed directly to find out more but their not budging and they are not accepting the email I got from the mortgage advisor giving consent to let, they feel this is inadequate.0 -
I think the consent to let part is to counter their error with the documents, I emailed directly to find out more but their not budging and they are not accepting the email I got from the mortgage advisor giving consent to let, they feel this is inadequate.
What does the email actually say?
When my son obtained consent to let, from Halifax, he received several pages of paperwork clearly setting out the T&Cs of their consent, which he had to sign & return.
I'm sceptical that an email from a mortgage advisor would contain the formal consent:cool:0
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