How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Dear Sirs, We have been behind mortgage payment; about 4monthly

Resolved Question:

Dear Sirs,
We have been behind mortgage payment; about 4monthly payments and the lender appointed a company to serve calling-up notice to us; me and my wife.
The company delivery-recorded the correspondence to our address and also sent two Sheriff Officers to our door, handed another copy to my son.
Later on we discovered from one of the neighbours two guys went to the door and spoke to them. Also another copy was recorded delivered to their door.
We are now concerned if more copies has been distributed in the neighbourhood or elsewhere willingly/unwillingly opening our financial state, etc by this company and would like to take legal action against the company and the lender.
Please advise.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

No I won't I see that this is Scottish law question. I will have to opt out I am afraid.

Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out. I am an English Solicitor but the Data Protection Act applies to the UK generally - are you happy with me to advise?

Customer: replied 3 years ago.


Yes, Carry on please.

Expert:  Ash replied 3 years ago.
Did the Sheriffs discuss with the neighbours the details? Or just spoke to them about the address etc?

Did the bailiffs say you were in arrears?

Customer: replied 3 years ago.


I do not expect the neighbour tells me even if they had. But they surely said that was about the mortgage from bank.


I have already asked the company who employed Sheriff Officer to let me know if they sent any more copies elsewhere.

Expert:  Ash replied 3 years ago.
If they have disclosed or discuss your personal details then you could take action. But you need to be sure that they have. If not then you can not do anything.

Section 13 of the Data Protection Act states:

13 Compensation for failure to comply with certain requirements.

(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a)the individual also suffers damage by reason of the contravention, or

(b)the contravention relates to the processing of personal data for the special purposes.

(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

So you could issue proceedings but only if they have disclosed your details or the reason for the visit.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.


That neighbour is surely aware as they sent a recorded-delivery pack to them similar to them which was open.

Expert:  Ash replied 3 years ago.
If it was not address to them, they should not have opened it.

But you need to be satisfied that they did open it and that the Sheriffs were wrong to send it there.

Does that help?

Alex

Customer: replied 3 years ago.


Not actually.


 


a) The envelop was addressed to them and delivered by postman.


b) The Sheriff Officers came referred to their door perhaps in the same day; \I could ask.


c) The Sherriff Officers handed the envelop to my door to my son too.


 

Expert:  Ash replied 3 years ago.
Ok - if it was addressed to them then this is odd.

Although you can take action I would suggest in the first instance complaining to the Information Commissioner.

If they make a finding of fault then I would sue.

That saves you the cost.

Information Commissioner XXXXX
Edinburgh
EH3 7HL

Alex

Customer: replied 3 years ago.


I was lining at that address for eight months before coming to the current one. But that move happened 6 years ago; 2008.

Expert:  Ash replied 3 years ago.
I see - you may be able to take action but go via the ICO first.

Alex

Customer: replied 3 years ago.


So, any advice in putting the case before ICO and how I could make you aware of output for further action/s.

Expert:  Ash replied 3 years ago.
Yes I would do this first.

If you need help in future just put it for my attention!

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/


Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
For Alex W

Following long process- from raising the issue with bank, their agent and ICO- RBS now accepted that has done wrong and ICO confirmed RBS likely breached the ACT.

Furthermore I sent a correspondence to RBS about 2 months ago asking for compensation.- nothing heard yet.- All above actioned by myself. I now would like to take legal action against them for compensation and am referring to you.

Please let me know in reply if you are interested and we can take it from there.