Breach of Data protection WHAT CAN I DO?

[Golden Dragon]

HSBC bank has this week sent a letter to my previous address, when I wrote on 23/4/07 giving my current address and personal circumstances asking them to consider writing off a debt that was defaulted in 2002 and passed to DCA in 2003. A CCJ went through in Jan 07 for £3,303.

 

Problem is the person at my old address is my brother and he opened the mail. To add insult to injury the letter that I now have in my possesion is also addressed to my late partner who died in Dec 06. I had held a joint account with him back in 2002. So you can imagine I was extremely upset, annoyed and embarresed by this. Does anyone have any idea on what I should do or how I should start making a complaint about the situation.

[Guest littlesally]

Hi,

I have no idea about the rest of it, but your brother performed an illegal act by opening the letter.

Truely sorry about your partner, this must be a traumatic time for you which is not being helped by either the bank or your brother.

 

I hope someone will read what has happened and be able to help.

 

Sally x

[diskmandave]

Trading Standards have been fantastic to me in the past! Well worth having a chat with your local officer IMHO.

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

littlesally is correct about your brother opening your mail, it comes under the Postal Services Act 2000. But I guess your brothers little indiscretion is the least of your worries at the moment.

 

Regards & good luck, Dave.

[lookinforinfo]

Breaches of the DPA are handled by the ICO.

If the letter that went to your brother was addressed to you in your maiden

name, then it would be understandable that your brother assumed it was

meant for him.

The bank are guilty of the breach of failing to keep records accurate and up to date.-Principle 4. What punishments and compensation they may make

I couldn't say, but it would have been distressing for you at the time.

They have a section on their website to log complaints-it can be found on the

drop down menu, though it may take a couple of weeks for them to respond.

[Golden Dragon]

Hi

Thanks I have taken a look at the ICO site and have completed a complaints form, I am sending a letter back to HSBC Centre Manager who sent out the offending letter, and then will advise them of making a formal complaint when I find out who I should write to.

[Belaflat]

Just a thought and not trying to hi-jack the thread but a couple of questions here.

 

1, I assume that original summons and subsequent correspondance were sent to your old address. Did your brother return them as R.T.S?

If so, (question to the more knowledgable) would the court, if it received the summons back in such a manner, still go ahead and issue judgement anyway bearing in mind this is a valid reason for a set aside at a later date.

 

 

2,

Hi,

I have no idea about the rest of it, but your brother performed an illegal act by opening the letter.

I have had letters before with no return address on the back and no way of knowing who they are from. For the purpose of returning the mail, what is the positon on opening such letters and if it is illegal, what are you supposed to do with the mail if you cannot return it.?

[Golden Dragon]

No The matter was being dealt with by the DCA Intrum Justitia & Legal GPB Geoffrey Parker & Bourne Solicitors took the court action they wrote to me at my last address for 2006, which is not the same as the address from 2003. I am looking to have the CCJ set aside I was not able to defend my side as the case was heard on 10th Jan a matter of weeks after the death of my partner I could not face going to the court at that stage.

[Guest littlesally]

 

 

2,

I have had letters before with no return address on the back and no way of knowing who they are from. For the purpose of returning the mail, what is the positon on opening such letters and if it is illegal, what are you supposed to do with the mail if you cannot return it.?

 

The unopened letter should be handed back to the post office, or the address crossed out and RTS (Return to sender) written on and put in a letter box.

Royal mail would then open and return it.

 

Sally x

[LAN01]

2,

I have had letters before with no return address on the back and no way of knowing who they are from. For the purpose of returning the mail, what is the positon on opening such letters and if it is illegal, what are you supposed to do with the mail if you cannot return it.?

 

 

 

 

It is a criminal offence to open or tamper with mail that is not addressed to you and any such mail received should be marked as either "not known at this address" or "return to sender" and handed in to the post office.

 

Staff in the post office and have been told that they are to report anyone to the police if they have opened mail not addressed to them and then handed it in. You will be supprised at the number of people who do this!!

[Golden Dragon]

Thanks for the responses

 

I have checked out various bits of advice and have found out that complaints should or can be made to

 

The organisation who caused the breach

 

The Information Commissioners Office - ICO – Information Commissioner's Office helpline 01625 545745

 

If not satisfied with outcome of your dispute / complaint you can take the matter to county court. The ICO provide a leaflet explaining the process this can be obtained from the web site. The leaflet also provides a letter template to write to the organisation involved, to let them know that you intend to issue proceedings if the matter is not setttled.

 

copy of letter :-

 

Your full address

The date

FAO Data Controller

Dear Sir or Madam

Complaint RE Breach of Data Protection Act 1998

I refer to our previous correspondence with regard to [ insert details of dispute together with reference to the provisions of the DPA alleged to have been breached]

Please take note that unless I hear from you within the next 14 days with your proposals to settle this matter, I shall be issuing proceedings against you in the county court for breach of section(s) [ ] of the data Protection Act 1998 (together with a claim for damages and distress under section 13 of the Data Protection act 1998 plus costs.)

I would appreciate a prompt reply to the correct address as given at the top of this letter.

Yours faithfully

signature

 

Golden Dragon

DPA letter before action.doc

[sequenci]

have you got proof that you wrote and asked to change your address?

[Golden Dragon]

I was not a customer at the bank my accounts were closed in 2003. I did not think I would need to inform the bank of a change of address. Would anyone send notification to all places where you previousely held accounts to let them you had moved - I don't think so.

 

A managed loan was written off by the bank and passed to DCA who wrote to me at my current address. I have spoken to ICO & they advise to make a complaint if I have no satisfactory reply from the complaint to the HSBC

[sequenci]

Sorry, your post wasn't very clear.