Data protection breach

dellgirl · 7 June 2007 at 1:07PM

Hi all,

Would like a little advice please, I went to my local Natwest branch the other day and took out some money over the counter, I didn’t have a card and the teller asked me to write down my account number on a piece of paper then she asked me if I wanted a new card sent out and I said ok. I left the branch with my money and my new card ordered. After a few moments it hit me that the teller never even asked my name, she never asked me for id or any security questions she just literally handed me fifty quid and asked me to scribble my name down which she never even looked at. She sent the new card to my old address as I had just moved and never told me which address it was going to. I was furious, anyone could have just walked in off the street with my account number and taken money out of my account so I went back in to the branch and spoke to the manager who assured me that this was not the standard practice etc, she filed a complaint on the system to which I never heard anything back from.

What course of action could I take and would I be entitled to any compensation from Natwest for breach of security and data protection?

Any advice would be greatly appreciated

Thanks

Dellgirl

RayWolfe · 7 June 2007 at 1:22PM

dellgirl wrote: »

What course of action could I take and would I be entitled to any compensation from Natwest for breach of security and data protection?

Yes, how terribly inconvenient for you. I would think a large compensation cheque is due to you ... several thousands. Get a solicitor on to it straight away. Oh, and don't forget to charge for the time taken to write your post.

Cobertizo · 7 June 2007 at 1:29PM

I would second the suggestion of following up your complaint with Natwest in the first instance.

I understand your concern over being given cash without anything more than an account number. I feel that the issue about the card could be a bit of a red herring though, depending on the exact situation - it is your responsibility to keep the bank up to date as to your contact details. If however you had told the bank that you were now living in a different place, yet they still sent it to the old address, then I would agree that this could be a data protection issue. With data protection stuff, you can always complain to the Information Commissioner's office (see http://www.ico.gov.uk/ for details), however I doubt you will get very far, as this could be seen as an understandable mistake (especially if you had only just told them about the change in address).

I also wouldn't get too hung up on compensation. At best, I suppose Natwest could be fined for their failings. However you can't really expect compensation for potential rather than actual losses. After all, just spotting an uneven paving slab doesn't get you compensation, but tripping over it and breaking your leg might just qualify you...

tarajayne · 7 June 2007 at 1:48PM

When you signed for your money the system would have asked her to confirm your signature, normaly this is done with your card, without it she would have used the on-screen signature you have given, probably without you even realising at some point on a form. Your signature is clearly recorded and is checked before clicking the box to move the the finished transaction screen. As for your card surely when you move the bank is one of the top priorities for notifying even before moving, that's not the banks mistake!

tom188 · 7 June 2007 at 1:59PM

I definitely think you should be eligible for compensation for the great inconvenience the bank has caused you by allowing you to take money out of your account.

Equally I think you should have been eligible for compensation had the bank said no, they would not allow you to get any money out of your account - just think of the stress and aggrevation that would have caused.

Perhaps you should just demand compensation because the bank is allowing you to have an account with them. Pitch in for 100k and settle for 10.

kissingthepink · 7 June 2007 at 2:17PM

If she had refused to give you your money you would no doubt be complaining that she was unhelpful and officious and that it is your money afterall. Just let it go.

Compound_2 · 7 June 2007 at 3:10PM

dellgirl wrote: »

I went to my local Natwest branch the other day and took out some money over the counter, I didn’t have a card and the teller asked me to write down my account number on a piece of paper

Do you memorize your account number, or did you take in a statement or cheque book? The teller should have looked at the number in the original document, rather than risk letting you make a mistake when copying. This would also confirm ownership of the account. Some banks (not NatWest) do ask you to fill in a blank withdrawal slip, but they will want you to produce something with your signature. It is possible to withdraw small sums at your own branch by signing a cheque to 'cash' in front of them, with no further documentation. It seems it was your own branch and the amount £50 is small: in such cases they sometimes waive formalities if they know you. It's in the bank's interest to be security conscious, because if a fraudster was withdrawing the money you’d have been refunded and NatWest left with the loss.

wills7 · 7 June 2007 at 3:41PM

tom188 wrote: »

I definitely think you should be eligible for compensation for the great inconvenience the bank has caused you by allowing you to take money out of your account.

Equally I think you should have been eligible for compensation had the bank said no, they would not allow you to get any money out of your account - just think of the stress and aggrevation that would have caused.

Perhaps you should just demand compensation because the bank is allowing you to have an account with them. Pitch in for 100k and settle for 10.

dellgirl - Don't worry about this guy he thinks everybody should have access to everyone's details. PM me and i'll let you know how i went about it went something similar happened to me

tom188 · 7 June 2007 at 5:30PM

wills7 and fellow compensation hungry ambulance chasers may feel that other account holders should be forced to subsidise the misguided reparations of people who have experienced no financial loss. I am afraid i do not agree with him.

In the case of the op i do not see how there has been a data protection breach anyway. natwest made you sign for your money and that signature is checked before you are paid. i would imagine most cashiers are well practiced in checking signatures so do not need to give it much more than a glance. the op also provided their account number. if someone else were to do this by forging the ops signature and using their account number the op would not be liable. banks are also covered by cctv, and this type of theft is very rare compared with say card skimming.

As to sending the card to the ops old address, well if natwest were not told of the updated address what should they have done? and would someone who has recently moved and not told their bank that they had moved not think at this stage that it might be a good idea to tell them before the card went in the post?

tom188 · 7 June 2007 at 5:33PM

wills7 wrote: »

dellgirl - Don't worry about this guy he thinks everybody should have access to everyone's details. PM me and i'll let you know how i went about it went something similar happened to me

Who had access to the OPs bank details?
1. The OP
2. The bank

Anyone else ive missed?

I look forward to the weekly indignant post from someone who was not able to get money out from their bank because of their banks procedures.

Bloke_with_a_simple_life · 7 June 2007 at 11:54PM

So what actually is your problem?

1. You didn't have a card, needed cash and your bank were helpful enough to give you cash OTC probably at its risk?

2. What data breach was made by the bank? What data was disclosed to you?

3. SO as another bit of good service, thay asked and you agreed for a card t be sent to an old address which you had not changed previously? So.. if the card had been intercepted and fradulently used, would it be the banks fault or yours?

4. The bank didn't disclose the address to you? I'm sure that if they had, you would have found fault withthis too - if you believe they hadn't properly identified yuo - surely you must gain comfort from the fact they didn't disclose your address, because if you were a "fraudster", you could have been very close to a case of "Identify Theft"

5. If it was "the other day" - and you filed a complaint and "never heard anything back" the timings you quote in the story don't quite tally up. And if it was just the other day, has the card arrived already? If it has - well done the bank for getting it out so quickly.

DOn't think you have much grounds for complaint - be thankful you seem to have a reasonable bank!

Data protection breach

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