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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3775
Experience:  Solicitors 2 years plus PQE
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Hi, I recently instructed a company to look into the mis-selling

Resolved Question:

Hi,
I recently instructed a company to look into the mis-selling of a bank account with my current bank. They did the initial work, however my Bank contacted me and said that they can't deal with the company I had instructed as they are not a registered company on their system. I questioned the bank further on this and they stated that they can not pass any information on to this company whatsoever, and they will not be contacting them. I continued with the claim myself. The claim was finalised 1 week ago, but I now find that my bank has in fact passed all the information on to this company including financial details of my account, money paid to me etc. My question is that is this a contravention of the Data Protection Act, and what redress do I have - if any? I have written to my bank and given them 14 days to respond.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you.

Alex J. :

If you have a complaint against someone that has processed your personal data without your consent, you have to make a complaint to the information commissioner.

Alex J. :

http://ico.org.uk/concerns

Alex J. :

This is the ICO. They have the power to fine a information controller that has not processed personal data in accordance with the Data Protection Act.

Alex J. :

You can also make a complaint to the Financial Ombudsman who will have the power to award you compensation -


www.financial-ombudsman.org.uk/


Alex J. :

You will have to first complain directly to the bank and obtain a written response from them of what they intend to do. If their response is not satisfactory then you can complain to the Ombudsman.

Alex J. :

I look forward to hearing from you.

Customer:

Thanks Alex,

Customer:

I have already written to the bank and have given them 14 days to respond. I stated in the letter that I was prepared to take the matter up with the Financial Ombudsman, but your suggestion of the information commissioner is something that I didn't know about and will bear it in mind should the reply from the bank not be acceptable. Regarding the claim company, I was going to send them a letter stating that I am withholding payment at present as there is an investigation taking place into Data Protection irregularities. Plus, I would like to bring into question their involvement for the work done. Would this be an acceptable route ? I'm not quibbling about payment, although the amount seems excessive for the work they did, as I expected to have to pay it anyway. However, to my eyes, it seems they have acted upon information that shouldnt have been available to them.

Alex J. : Hi
Alex J. : thank you.
Alex J. : did the company actually do any work for you?
Alex J. : did you withdraw your instructions to them?
Customer:

As far as I can gather, they just submitted paperwork on this claim, but as the bank couldn't deal with them, everything else was done by me. I didnt withdraw instructions as I never gave it a thought, and due to the bank saying that they couldnt talk to them, I didnt think I had to as they should never have received information

Alex J. : Hi thank you
Alex J. : If the bank refused to deal with them then couldn't provide you with the service so it must be implied it terminated.
Alex J. : How much are they demanding from you?
Customer:

They are asking for £900.84

Alex J. : Hi. Thank you. The data protection breach is not grounds not to pay. What I suggest you do is write to them and say it is obvious your agreement was terminated because the bank refused to deal with them.
Alex J. : say if they do not stop chasing you reserve the right to Trading Standards.
Alex J. : If they commence court proceedings against or threaten to you should consider just trying to negotiate with them and settle. It won't be worth the time and effort of taking the matter to court and they will have some grounds to bring a claim for some work done as they did actually contact the bank.
Customer:

Thanks Alex, You've put a few things straight in my mind, and at least I know I'm on the right track with what I've already done. I will await a reply from the bank and write a letter to the claim company and take things from there.

Alex J. : I wish you the best of luck. Please do not hesitate to contact me if you have any follow up questions.
Alex J. : kind regards AJ
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