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Thank you for explaining the circumstances.
For there to be a claim there needs to be:
1. a duty of care (there is)
2. the duty of care needs to be breached
3. as a result of the breach you need to have suffered loss.
Obviously, the organisation has a duty of care to keep their policyholders details safe. It appears that this was a deliberate attempt by someone to take lots of people’s details although we don’t know at this stage whether whatever checks and balances the organisation put in place were sufficient. If it was one of the members of staff who actually had access to this information on a day-to-day basis, then apart from ensuring, (during an interview and selection process and on an ongoing basis) that the culprit was not prone to this kind of thing, there is probably very little else they could have done and hence there is no breach of the duty of care. The person that took the data may simply have woken up one day and decided to take it. That doesn’t mean that the organisation has breached the duty of care.
If they had breached the duty of care, you have to have suffered loss from what you have said, you haven’t actually suffered any loss. The idea of any compensation is to put you back in the position that you would have been had any breach not occurred or compensate you for the breach.
I think it unlikely in these circumstances that any claim against them is going to be worth very much at all. I cannot see that you would get a solicitor to take it no win no fee.
By all means make a complaint about the actions and if that’s not forthcoming with some money, then make a further complaint to the Financial Ombudsman Service. If it is going to be worth any money, it’s going to be worth hundreds of pounds at best, ***** ***** of pounds.
I’m sorry, I wish I could give you a more positive reply but that’s my opinion. Sorry.
.Can I clarify anything for you?
I’m happy to answer any specific points arising from this.
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