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Claim Has Been Stayed!!!!


Azazal23
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Early this month i recieved a rather alarmig letter from nationwide to tell me a laptop had been stolen from an employees home. Letter went on to say whilst this contained customer information, in no way had our account and online account been compromised. The information was being used for marketing purposes.

 

I wrote a letter back asking specifically what information had been stolen and what exactly the informationwas being used for at the time because i have not given my consent for my personal details to be used in such a way.

 

They have wrote a letter back saying its good that i am so vigilant and concerned etc... but and i quote.

 

"We realise you have other questions and we're not trying to be obstructive by not giving additional information. We are following the advice of the police and out security experts, which is not to release further details"

 

W.T.F!!! If its my information how can i not be entitled to know exactly what has and has not been disclosed. I have been a victim of fraud about 2 years ago with another bank, whilst it was a minor amount it took nearly 2 years to sort out, and they nearly defaulted me in the process.

 

Does anyone know any contract or DPA law that i can quote in order to make them disclose this information.

 

Also has anyone else recieved any letters like this

 

 

Barry

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To answer your question yes I recieved the same letter. I work for Nationwide and have all of my accounts with them. I have PM'd you with some info. If there was something to worry about I would be worried but I'm not...

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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indebtstudent: Many thanks for the PM. I understand your coments, i was actually unaware this had been in the media recently. As far as i am aware not everyone has received these letters, i can understand why the information stolen has not been made public, but i am furious that i am being denied the right i know what information was stolen of mine.

 

I have been the victim of fraud not so long ago and whilst it was on a very small scale but it took over 12 months to get sorted out and i was nealr y defaulted in the process. This was done with only the smallest amount of my information. Which is why i am so adamant on getting the details that were stolen.

 

Nationwide probably only went pub lic on this incident becuase it was leeked to the press.

 

All i want is to know what information of MINE has been compromised. No one elses, i am entitled to this by law, and thanks to this site and the people who are on it i now have the information in order to get what i want.

 

Thanks again.

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Not everyone will have recieved the letters, eleven million members are a lot to write to (this will be the no after merger with Portman is complete, can't remember previous number lol).

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Oh and I don't know the 'ins and outs' of data such as this. Let me know what people are and are not entitled to I would be very interested to know.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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If I concentrate really hard, and put my suspicious head on I would answer thus...

 

The reason they are reluctant to supply the data is because they don't know exactly what was on the laptop. The only people I know of who have laptops are the SFC who give advice on Nationwide products.

 

The only info on their would be the reports they had typed up for recommendations to customer's. Thing is, if they have a late appointment, they would (I guess) type this up at home. so unless they back stuff up nobody would really know what had chancged since five pm.

 

Hope you get the info and set your mind at rest. For what it's worth I don't think there's anything to be concerned about but I can see why, given ur experience ur vigilant.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Azaza 23 & lIndebtstudent

 

The Seventh Principle of the Data Protection Act states;

"Appropriate technical and organistaional measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destructionof, or damage to , personal information

I've redlined the part of this that this comes under.

 

Level of security must be appriate to (i) the harm that might result from a breach of security.

 

In other words there is no way your info should have been taken away from the firewall of Nationwides main computer frame you have a strong case for compensation not only from what has been stolen but the distress this is causing you and the potential damage this could do to you in the future never mind they say it was for marketing, it should not have been in that guys possession at home.

Of course they would say nothing to worry about just because they say so they are not sure what info was there, no personal info on anyone even if it contained no account info but how are you to know that for certain, Banks do tell lies when they know it can't be proved any different.

 

sparkie1723

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Many Thanks Sparkie, and indebtstudent for your posts.

 

I am really not being paranoid, i know the chances of someone accessing my account is very limited but i would still like to know what has been disclosed or compromised.

 

It is very worrying to think they do not know whos or what information was on the laptop. The fact that they are not disclosing this make me think two things

 

a. They dont know what or who s information was on it, so they ahve just sent out letters to cover there arse!

 

b. It was quite sensitive information, possibly to do with marketing and they cannot disclose it becuase there would be a stink if people found out what had gone walkies.

 

I had not considered a claim to be honest but if i have to start fightlng to get this info then i may consider this angle

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You can read the story here....

 

Q&A: Nationwide data theft | This is Money

 

I dont think what ever i say there are going to hand over the information. This could take some time i think, does any one who what are my rights with regards to my data, and the police investigation. Are any of my rights suspeneded or do they not apply if as they say may impeed a police investigation.

 

I cant see how as its my data, i am not gaining anything i do not already know apart from what was taken.

 

I am trying toconstruct a reply now, wondering on what avenue is best to take

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I'll be honest I have no idea what to say. The post relating to a specific section of the data protection act seems usable.

 

For what it's worth I'll give you the rundown of Nationwide's complaints procedure. First complaint, or indeed any expression of dissatisfaction by a customer, is recorded as feedback.

 

If you get back after initial complaint it goes to stage one complaint. If you get back again it's stage two and after that I think it goes to the CEO so I would keep forcing the issue if I were you.

 

The more I read about this the more I get a feeling there is a data protection issue with employee's using a laptop at home. I know it is only a small number of people, bascially the mobile financial advisor's which are few and far between.

 

I might have a discreet word with one of ours see what info I can glean...

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Ok well i have pretty much finished the reponse, basically a tweeked SAR. Also instigating their complaints proceedure aswell, so at some point i can get a final response and then take it further if need be, and i get the feeling this will be a long one.

 

Keep checking back, if anyone has suggestions or ideas there are more than welcome

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My reply, any suggestions anything i may have not covered

 

 

 

Data Protection Act 1998 - Subject Access Request

 

Dear Ms ......

 

Thank you for your letter dated 25 January 2005. I feel disappointed that you have not been able to action my requests. You stated in your letter that if I was dissatisfied with your response you would refer the matter to Kay Nash, I assume she deals with customer complaints if you could pass this request on to her I would be grateful.

 

Under the above act I want you to disclose exactly what information of mine has been stolen, lost or compromised as a result of the laptop that was stolen from a Nationwide employees home last year. I do not require specific details of where, when and how this theft took place, but only information directly relating to myself and my personal details. This information is mine, I own it. I have given consent for you to hold and process my information in accordance with the Data Protection Act and the contract I signed when I opened my account. No where does it say you are allowed to withhold my information from me for any reason.

 

Your letter also points out that if I am the victim of fraud and have adhered to the terms and conditions of my contract then Nationwide will cove any monies stolen from my account. Can you also confirm you will cover me for identity theft and damage to my credit rating/record should such a theft occur as a result of your negligence. If you cannot confirm this then I require you to immediately issue me with a new account number, in to combat this threat.

 

I also would like clarification for what purposes was the laptop and my information being used for. You said in your initial letter and I quote “the laptop contained some customer information to be used mainly for marketing purposes” as I do not believe I have consented to my information being used this way I require a full explanation as to exactly what the information was being used for. If it was marketing, I require proof of my consent.

 

 

 

 

You have 40 days in which to reply with the Subject Access Request, although I sincerely hope it does not take that length of time considering the seriousness of the situation. I have also enclosed a cheque for £10 which is the statutory maximum fee, please note if accepted I intend to claim this back.

 

I would like a reply to all requests and questions raised in this letter, if you cannot provide the information requested then I require a full explanation as to why.

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  • 2 weeks later...

OK, had replies from Nationwide basically saying they will not release the information to me. They are also not prepared to release it under the SAR DPA also.

 

Can anyone suggest where to go next, the Data Commisioner & The Financial Ombudsman. Get the feeling there not going to be much use

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I would write back and inform them, that should they fail to release this information which appears not too difficult for them to supply, ( within say 7 days) that you will apply to the Court for an order to force them to supply, and add under the circumstances that you have no doubt at all that the Court will order them to as the court will be interested as to why they wish to with hold it from you. plus they will have to bear the costs of the application and the order.

Have they returned your £ 10

 

 

Sparkie 1723

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Cheers Sparkie, i shall start looking into how to make the application to the court. Bankfodder was also interested iin hwo i got on so hopefully he can point me in the right direction. With regards to my £10 the cheeky b*stads wrote "We note your intention to claim a refund of teh statutory £10 fee, but we believ it would be inappropriate to meet this request".

 

Its like a red rag to a bull, they must want me to take this futher. I am quite concerned now, becuase either they must not know whats on the laptop or its full if really personal data they should have never been taken away from the mainframe.

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http://www.consumeractiongroup.co.uk/forum/nationwide/65771-nationwide-fined-fsa-security.html

 

didn't want you to miss this one. Does that mean any investigation has ended?.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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http://www.consumeractiongroup.co.uk/forum/nationwide/65771-nationwide-fined-fsa-security.html

 

didn't want you to miss this one. Does that mean any investigation has ended?.

 

 

Well the FSA's Investigation has ended and landed NAtionwide eitha bigish Fine. I havnt read through the whole case as yet though.

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Well it basically opens all this up becuase i have had a final response from Nationwide, saying they have no more too add, there position is they do not want to release any more details with regards to what information was on the laptop.

 

I think there is scope for a massive claim here, the FSA has basically done the hard work for me (us) and Nationwide have addmitted the breach and lapses in security and accepted the fine.

 

I have been in touch and left a message with Catherine Harris of the FSA who s contact number is on the bottom of the report. Maybe she can be of some help.

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