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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 12888
Experience:  Senior Associate Solicitor
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My mum left an abusive marriage (financial and emotional).

Customer Question

My mum left an abusive marriage (financial and emotional). My dad had taken numerous life insurance policies out on her name and was using her account. When my mum left we discovered loads of debt left in my mums name. One of the first things we did was close the account (RBS) he had details of and open a new account. This was done in branch and situation was explained to them. A few days later my mum received an email from an insurance company saying they have new bank details and will be collecting direct debits from it. We live chatted the bank who said 6 other insurance companies had the new details and were requesting direct debits. The insurance company also sent a letter out to my dad detailing the new bank details. My mum has become paranoid he knows her new address and doesn't leave the house. She has become really depressed and was started on anti depressants. The bank have admitted to a data breach and service failure. How much compensation would a case like this get?
JA: Where is this? It matters because laws vary by location.
Customer: Scotland UK
JA: What steps have been taken so far?
Customer: Contacted the bank Complaints manager been in contact They trying to offer compensation but hasn't been enough. They offered £600 and gifts But didn't accept
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 11 days ago.
Category: Scots Law
Customer: replied 11 days ago.
Also how long would a case like this to settle knowing the bank has accepted data breach, accepted service failure and offered monetary compensation.
Customer: replied 11 days ago.
Also with the bank offering £600 and this being refused how much will they offer as a maximum and how much should I hold out for?
Expert:  Virtual-mod replied 11 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
Happy to wait
Expert:  TetyanaP-admin replied 9 days ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Tetyana-moderator
Customer: replied 9 days ago.
Keep looking
Expert:  JimLawyer replied 9 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 9 days ago.

I would not recommend you accept £600.

If your data was abused in this was then this is in breach of the General Data Protection Regulations (GDPR).

GDPR protects data subjects and if you do not consent, anyone who hands out your data can be held in breach of GDPR. What this means is that the Information Commissioner's Office (the "ICO") can fine companies heavily if they find there has been a breach. The fines are either up to £17m or 4% of company turnover, whichever is greater. As such, I would recommend that you inform the ICO on 0303(###) ###-#### Or you can email them: *****@******.***
They will take your details and if they feel there has been a data breach will contact the company and possibly fine them. A lot of companies do not realise the extent of the fines and it is envisaged a lot of businesses will go bust in the event of a breach, not just because of the fines but because the aggrieved party can also claim compensation.

If the ICO tells you there has been a GDPR breach then it makes it much easier to claim compensation (under Article 77 of GDPR) - the amount of which varies and depends on the severity of the breach and the impact it has had upon the aggrieved party. As a rough guide you would be looking at anything between £1,000 and £10,000 (the latter being for a serious breach which has adversely affected you). You should consider claiming the upper level of that sum as it sounds like the data breach has caused a problem with depression and so forth. You should also consider asking a personal injury lawyer if they can make a claim for the psychological injury, which is separate to damages for the data breach.

Expert:  JimLawyer replied 9 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 9 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim