Advice needed about possible legal action

Discussion in 'General Chat' started by Miyazaki, Sep 13, 2007.

  1. Miyazaki

    Miyazaki
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    Hi,


    I purchased a bathroom through a company I shall not name, and they forwarded some documents about the bathroom.

    The trouble is that these documents went to some poor lady who lives at the other end of the country. It was addressed to her, but contained all the details for the bathroom we were to have installed, including our address and telephone details, and possibly even payment details.

    The lady who it was addressed to has not even heard of the company and is not having a bathroom installed.

    She is concerened about how the company got her name and address, and we are obviously concerned about why the company are sending our personal details to a complete stranger.

    This is probably a breach of the data protection act? Is there any legal recourse my wife and I can take?

    We are both sickened by this and find it appauling that this has happened.

    I have phoned the CAB a few times but can't get through and I am at work at the moment.

    I just want to feel a little more settled about it TBH.

    Hope someone can help. Thanks.
     
  2. Mr_Wistles

    Mr_Wistles
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    I doubt you will have any legal standing against a company who accidentally sent your details to someone.

    It is not like they have sold your details, it just sounds like a genuine mistake.
     
  3. Miyazaki

    Miyazaki
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    I thought the data protection act states that it is illegal to send details to a third party?
     
  4. Miyazaki

    Miyazaki
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    Thanks for the reply though.
     
  5. shahedz

    shahedz
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    not if it was done by accident, i would be really annoyed too if someone knew what bathroom i had ordered:)

    legal action exactly why?it's not like they sent it to another company, they sent it to an old woman which sounds like an error to me

    did it . or did it not have payment details?
     
  6. Mr_Wistles

    Mr_Wistles
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    The data protection act is among other things there to stop companies profiting from selling personal information.

    I think you are over reacting.
     
  7. stealther

    stealther
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    I dont think you need to worry to much mate.

    If it was your bank then It would be a different story.

    I would ring them up and have a go at them because something is obvioulsy wrong with there mailing system and they need to know.
     
  8. dognosh

    dognosh
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    read about it here http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_1

    looks like the important words are if an error causes "financial loss" or "distress"
    If you can prove either then you can sue

    A little old lady getting your details(and then contacting you which is only done by an upstanding law abiding citizen) is not going to wash in any court with regards to suing the said company,this is the UK not USA(thank god)
     
  9. the whistler

    the whistler
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    But how could it have been an 'accident' If someone inadvertantly typed in the incorrect name and address then surely this is negligence not accident,
     
  10. Member 328449

    Member 328449
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    Wouldn't it be an accident caused by negligence?
     
  11. Steven

    Steven
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    Negligence is breach of a duty of care owed to keep it short and sweet. Incredible as it sounds to be able to send it to a completely different address than on the actual invoice, its not applicable here imo. What happened to a genuine accident?

    Sounds like an honest mistake to me. We all need to take a step back...
     
  12. penno116

    penno116
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    i love the compensation culture!

    you havnt suffered any loss, so there is clearly nothing to claim!

    i always think what if the boot was on the other foot?
     
  13. Jenn

    Jenn
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    Games Guru, would you happily agree to pay compensation to someone because you made a genuine mistake at work or personally?

    For example say you're sending a few letters to different companies/people and one gets folded with another letter and sent with it to the wrong address, how much would you find reasonable for you to pay the person?
    Or say you forgot about a direct debit coming out and it bounced because you didn't have the money at that exact moment on your account and the bank charges you a nice fee for that, are you one of the people who think it's wrong etc even though you actually agreed to it?

    You can hardly argue that you suffered anything from a lady knowing what shape bath you ordered or what your address is.
    As for your payment details, if the letter mantions it at all, it won't contain anything sensitive (maybe the last 4 digits of your credit card).
     
  14. Squiffy

    Squiffy
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    I think we are being hard on GG here.

    We don't know what might have been in there. If the bathroom had a finance agreement, then there could be DOB, employment details, salary details, existing finance, etc. Not the sort of thing you want going to random people across the country. It could have enabled some pretty nasty fraud and identity theft.

    Several years ago, I applied for a credit card. A few days later, a guy in Wiltshire rang me to say his wife had received my completed application form. She had asked for an application form, and the one she got in the post was mine. Subsequent investigation by the credit card company showed that the problem was that a single young lad was responsible for incoming and outgoing application forms. In the morning he'd sort the incoming ones, in the afternoon the outgoing. Somehow my completed form ended up "on the other side of the table" and was stuffed into this ladies envelope.

    I got £400 compensation from the bank, and quite rightly too IMHO.

    As for all the "this is an accident" stuff, then that is nonsense. This is out and out negligence. Sending his information to someone who isn't a customer or associated with that company?

    I would complain pretty harshly to the company and ask them how they intend to redress the situation.
     
  15. Duncan G

    Duncan G
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    Mind you he will be able to wash now he's got his new bathroom.
     
  16. Miyazaki

    Miyazaki
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    Aren't some people quick to put the boot in! :rolleyes:

    The fact is that a stranger, who could be anybody has got my details and thankfully as she seems to be honest, she is forwarding on my information.

    It certainly is negligent, and yet if I had been negligent in my job I would accept the consequences!

    ID fraud is a huge problem.

    I could understand if it had been sent to a next door neighbour if someone had put the wrong house number in, but how can someone get a person with a completely different name, the other end of the country, who had not previously been a customer of said company?

    I am not after any financial gain, I just would like someone in the know to tell me whether I have any recourse in this matter, as it is clearly not on!
     
  17. Miyazaki

    Miyazaki
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    :confused:

    Unless they randomly stick pages of the phonebook on the wall and play darts with names and addresses, how can anyone possibly make a mistake like that?
     
  18. mrtbag

    mrtbag
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    Have the company given you any idea of how it happened?
     
  19. Miyazaki

    Miyazaki
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    I haven't phoned them yet. I want to know what ammo I have before I phone them.
     
  20. Mr_Wistles

    Mr_Wistles
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    If you are not after financial recompense what sort of action do you want to take?
     
  21. Steven

    Steven
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    Well someone earlier in the thread said you could put the wrong letter in the wrong envelope

    What have the company said? Or are they not going to get their say before you find a solicitor? That's said honestly, not as a dig at you
     
  22. Miyazaki

    Miyazaki
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    But the person who it was addressed to isn't and has never been a customer of this company.

    The action I want to take is to give someone a severe bollocking or get a fine imposed on the company.
     
  23. Miyazaki

    Miyazaki
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    I may or may not get a solicitor, I haven't been able to get through to the CAB yet.
     
  24. Squiffy

    Squiffy
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    A solicitor will do you no good IMHO, and even the CAB probably won't be concerned if there is no actual financial loss.

    The tack I took with the credit card company was to highlight the potential outcome of their negligence and my outrage. And also to highlight how the media might view their mis-handling of confidential customer information.

    I'd suggest something similar would be your best bet.

    If there was no sensitive financial information in what was sent, then I don't think you'll get anywhere with this.
     
  25. shahedz

    shahedz
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    "sickend and appauled" are you not over reacting a little??

    To be honest for someone who isn't after any gain apart from having someone recieve a severe telling off or a fine imposed on someone you seem to be going to a lot of trouble for it.

    If the company besides are doing a good service i think you should be a bit leniant here, i think you're making a big deal for no reason.

    The woman could have been on a mailing list of theirs, from a lifestyle source which necessarily doesn't mean she has to approach the company direct but could have filled in a mailing list which has shared her details ( when you don't tick the box about third parties at the bottom)

    I think there are much more serious problems in life , it's not like they delivered your bathroom there.

    To be honest i hope you don't get anywhere with this, i think its ridiculous, and the less further cases likes yours go the better
     
  26. Miyazaki

    Miyazaki
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    Fair enough, maybe I am overreacting, but what would you all be saying if I had asked advice about what to do if my Identity had been stolen and I had the police knocking on the door?
     
  27. shahedz

    shahedz
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    identity theft :eek::eek::eek:

    don't carry driving license or your bank cards in the same wallet, don't fill in any forms and then post them:eek::eek:

    Mate relax, it really isn't that bad in my opinion, usually it can all be resolved if you can prove you are innocent and not involved

    PS the fact the police are knocking on the door would mean the identity theft has been identified ( excuse the pun) and you are on your way to resolve it
     
  28. Dony

    Dony
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    This has obviously hit a nerve with you.

    Why don't you simply cancel the order and buy a bathroom suite elsewhere. This way they loose the sale and as you aren't after any financial gain from the error, you'll be able to take the moral high ground. :thumbsup:
     
  29. penno116

    penno116
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    Perhaps it was the title of the tread that made people put the boot in!

    its all too common for people to feel a little upset about a little event then suddenly turn round wanting some compensation from it!

    its a fact of life mistakes happen.

    Why not contact them, be polite and inform them what your issue is, they will probably be very sorry, you never know what they might do, maybe some sort of discount on the bathroom.
    its easier to go into a situation being understanding, if you dont get the right response you can get angry.

    I think Squiffy's situation is a little different as credit card companies are heavily regulated so that sort of think can never happen, it did and they £400 was a whole lot less than what could have happened to THEM.

    Stangers get your details all the time after all at least 60 of them by the looks! :D

    Was it anything really that bad in there apart from your name address and the colour of you loo!
     
  30. Phil57

    Phil57
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    If you are so infuriated with this company why do you not wish to tell us the company name?
     

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