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Bank error compensation values ? 10:56 - Apr 20 with 2587 viewsearlsgreenblue

Must be some advice to be gotten here please, after a recent bereavement the International Asian based high st bank required some documentation with specific information to enable the account to be closed.
This information was duly sought, had been officially recognized by a solicitor here, contained amongst other things personal identity documentation, driving licence, passport, & UK bank account numbers, & residential address.

This was delivered, the bank has now accepted they have lost the said documents & initially offered £250 compensation, after further talks, now upped the offer to £300.

What do we collectively think, is that about right? Very concerning that all that personal information is in one place & we don’t know who has it, the overriding thing is the bank say they accept they lost it.

Appreciate advice, regards all . COYB.
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Bank error compensation values ? on 11:11 - Apr 20 with 2324 viewsgiant_stow

I would calculate how much harm the loss has potentially done and make a claim based on solid estimates.

I did the same years back on the advice of a mate (who told me to play the mental health card) and got sent a couple of grand in damages. But that involved clear hard sums, so I reckon you should base your claim on hard numbers as much as possible.

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Bank error compensation values ? on 13:45 - Apr 20 with 2165 viewsDJR

I assume (perhaps wrongly) that the bank account is in the UK.

The following suggests you might be able to complain to the Financial Ombudsman for distress or inconvenience., if not satisfied with the bank's offer, assuming you can make such a claim if the bank account holder is deceased. It also suggests the various levels of compensation available.

https://www.financial-ombudsman.org.uk/consumers/expect/compensation-for-distres

I would have thought that losing such important documents is about as serious as things can get, even if there is no known financial loss.

I'd suggest you call their helpline on 08000234567 to see if you could make a complaint, and if so, try to ascertain what level of compensation might be appropriate. If higher than what you've been offered, suggest it to the bank and say you will complain to the Ombudsman if not satisfied.

Even if you aren't entitled to claim (because the account holder is deceased), you could refer to the various levels of compensation as justification for a higher amount.

EDIT: If you or the person making the claim were an executor under the will (whether or not probate was obtained), I am sure a claim would be possible, just as would be the case if there had been actual financial loss.
[Post edited 20 Apr 2023 14:26]
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Bank error compensation values ? on 13:54 - Apr 20 with 2144 viewsRonFearonsHair

I received £200, which was a nice addition to the £10 I received for finishing second in a beauty contest. Just need to settle the bill on those darn hotel repairs.
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Bank error compensation values ? on 14:44 - Apr 20 with 2044 viewsPendejo

Isn't what you have described a breach of GDPR?

I'd ask them if they fancy a chat with the information commissioner.

Who's stuff went missing? Yours or deceased person's?

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Bank error compensation values ? on 15:20 - Apr 20 with 2020 viewsearlsgreenblue

Bank error compensation values ? on 14:44 - Apr 20 by Pendejo

Isn't what you have described a breach of GDPR?

I'd ask them if they fancy a chat with the information commissioner.

Who's stuff went missing? Yours or deceased person's?


Yes the Bank is in the UK, the information missing is a total set of a personal details to enable bank account funds to be transferred to executor ( my missus) which requires proof of identity & address, bank account to transfer too etc.
Yes it is a GDPR breach but we’ve no idea what / how to do about it, other than a “sorry we’ve lost them” apology & a small cash award to compensate for our out of pocket (so far) expenses, baring in mind the documentation sent earlier had a value to us in excess of 80€ then having to do another duplicate set at the same cost. + loss of interest on the monies involved as we still don’t have access to those funds, is far above what’s been offered.
[Post edited 20 Apr 2023 15:22]
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Bank error compensation values ? on 15:32 - Apr 20 with 1990 viewsMJallday

I work for the largest building society in the U.K. so you can take what I say or leave it. But…

It sounds like your bank has lost your information. Technically they should have reported that to the ICO within 72 hours of it happening, otherwise they can be issued a slapping and potential fines (the maximum fine under GDPR is 4% or 20m whichever is greater - but this is rare ) but also that’s really nothing to do with you - sure you can report it but you stand to gain very little and if they are in any way competent they already will have.. the ICO get lots of these types of notifications

Anyway, they’ve offered some compensation. There’s no guildelines or laws or rules to say how
Much or little they should give you , in fact they’re under no obligation to offfer anything in this scenario , because yoh have not materially lost anything (the FCA will deal severely with unfair outcomes to customers) so it’s usually within their interest because of lost reputation to give a nominal Amount - effectively to make you go away.

You might be able to push it a bit more but it depends how much of a pain in the a** you want to be but at some point they’ll say “no that’s it” - especially s you are not out of pocket . You are of course free to escalate to the ombudsman but there no real impetus for them to do anything more than what the financial institution has done - so I doubt you’d gain

Hth

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Bank error compensation values ? on 16:00 - Apr 20 with 1943 viewsDJR

Bank error compensation values ? on 15:32 - Apr 20 by MJallday

I work for the largest building society in the U.K. so you can take what I say or leave it. But…

It sounds like your bank has lost your information. Technically they should have reported that to the ICO within 72 hours of it happening, otherwise they can be issued a slapping and potential fines (the maximum fine under GDPR is 4% or 20m whichever is greater - but this is rare ) but also that’s really nothing to do with you - sure you can report it but you stand to gain very little and if they are in any way competent they already will have.. the ICO get lots of these types of notifications

Anyway, they’ve offered some compensation. There’s no guildelines or laws or rules to say how
Much or little they should give you , in fact they’re under no obligation to offfer anything in this scenario , because yoh have not materially lost anything (the FCA will deal severely with unfair outcomes to customers) so it’s usually within their interest because of lost reputation to give a nominal Amount - effectively to make you go away.

You might be able to push it a bit more but it depends how much of a pain in the a** you want to be but at some point they’ll say “no that’s it” - especially s you are not out of pocket . You are of course free to escalate to the ombudsman but there no real impetus for them to do anything more than what the financial institution has done - so I doubt you’d gain

Hth


It sounds to me that his missus is out of pocket if this has delayed access to the funds, and requires the cost of producing the same information again. In which case, there would appear to be wider grounds for an appeal to Ombudsman (in addition to distress or inconvenience), as is the fact that it is a GDPR breach. Indeed, how can they rule out the fact that the information has not fallen into someone else's hands?

In this case the bank has clearly accepted liability, and my experience of banks and the like is that they will always try to pay the bare minimum, and that an appeal to the Ombudsman may well produce a better outcome. It may also tempt them to up the compensation if you mention to them now that you are minded to do so.

As you appear to be abroad, here is the number to call.

+442079640500

And here is how to make a claim.

https://www.financial-ombudsman.org.uk/consumers/how-to-complain
[Post edited 20 Apr 2023 16:22]
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Bank error compensation values ? on 16:18 - Apr 20 with 1914 viewsblueasfook

This is a breach of Article5.f of GDPR, which states:

"Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)."

So basically, they have failed in their duty to protect your data/documents against accidental loss. I am not sure what suitable compensation should be in this case. I would take legal advice. £300 certainly seems low.

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Bank error compensation values ? on 16:23 - Apr 20 with 1897 viewsDanTheMan

Bank error compensation values ? on 16:18 - Apr 20 by blueasfook

This is a breach of Article5.f of GDPR, which states:

"Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)."

So basically, they have failed in their duty to protect your data/documents against accidental loss. I am not sure what suitable compensation should be in this case. I would take legal advice. £300 certainly seems low.


To tack onto this, for potential GDPR breaches you will want to contact the ICO (Information Commissioner's Office).

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Bank error compensation values ? on 16:45 - Apr 20 with 1862 viewsPinewoodblue

I would suggest you inform the bank that you have no idea of how you could be financially affected by their negligence and that you feel you need expert advice from the appropriate ombudsman. Ask for them to remake their offer in such a way as will enable the ombudsman to investigate the matter.

If they add another ‘0’ to their offer accept.

Warning I had a dispute with an Insurance company and had to wait almost a year before the case was allocated to an investigator and another 6 months before it was even looked at. Was very pleased with the outcome.

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Bank error compensation values ? on 16:58 - Apr 20 with 1827 viewsDJR

You cannot get compensation from the Information Commissioner, but it seems to me you could include a GDPR failure in a complaint to the Financial Ombudsman as an additional ground or compounding factor.

This from the ICO website.

"The GDPR gives you a right to claim compensation from an organisation if you have suffered damage as a result of it breaking data protection law. This includes both “material damage” (e.g. you have lost money) or “non-material damage” (e.g. you have suffered distress).

The ICO cannot award compensation, even when we give our opinion that an organisation has broken data protection law.

You do not have to make a court claim to obtain compensation — the organisation may simply agree to pay it to you. However, if it does not agree to pay, your next step would be to make a claim in court. The court would decide your case. If it agreed with you, it would decide whether or not the organisation would have to pay you compensation.

We strongly recommend you take independent legal advice on the strength of your case before taking any claim to court."
[Post edited 20 Apr 2023 17:29]
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Bank error compensation values ? on 17:30 - Apr 20 with 1794 viewsearlsgreenblue

Bank error compensation values ? on 16:58 - Apr 20 by DJR

You cannot get compensation from the Information Commissioner, but it seems to me you could include a GDPR failure in a complaint to the Financial Ombudsman as an additional ground or compounding factor.

This from the ICO website.

"The GDPR gives you a right to claim compensation from an organisation if you have suffered damage as a result of it breaking data protection law. This includes both “material damage” (e.g. you have lost money) or “non-material damage” (e.g. you have suffered distress).

The ICO cannot award compensation, even when we give our opinion that an organisation has broken data protection law.

You do not have to make a court claim to obtain compensation — the organisation may simply agree to pay it to you. However, if it does not agree to pay, your next step would be to make a claim in court. The court would decide your case. If it agreed with you, it would decide whether or not the organisation would have to pay you compensation.

We strongly recommend you take independent legal advice on the strength of your case before taking any claim to court."
[Post edited 20 Apr 2023 17:29]


Brilliant replies, I have logged it with the ICO on their chat line, which was coincidentally very fast to respond, they have supplied a template letter to respond with to the offending banks GDPR team as a formal complaint..
Also emailed bank & informed them with more intuitive phrases of our intention to not accept, & asked if the matter has been recorded with the ICO?
The idea being to suggest we now have slightly more knowledge on the subject than before & awaiting further reply.
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Bank error compensation values ? on 17:36 - Apr 20 with 1780 viewsMJallday

Bank error compensation values ? on 16:58 - Apr 20 by DJR

You cannot get compensation from the Information Commissioner, but it seems to me you could include a GDPR failure in a complaint to the Financial Ombudsman as an additional ground or compounding factor.

This from the ICO website.

"The GDPR gives you a right to claim compensation from an organisation if you have suffered damage as a result of it breaking data protection law. This includes both “material damage” (e.g. you have lost money) or “non-material damage” (e.g. you have suffered distress).

The ICO cannot award compensation, even when we give our opinion that an organisation has broken data protection law.

You do not have to make a court claim to obtain compensation — the organisation may simply agree to pay it to you. However, if it does not agree to pay, your next step would be to make a claim in court. The court would decide your case. If it agreed with you, it would decide whether or not the organisation would have to pay you compensation.

We strongly recommend you take independent legal advice on the strength of your case before taking any claim to court."
[Post edited 20 Apr 2023 17:29]


Exactly correct. However The cost of going to court to “prove” distress (and the risk of losing in this case where there is not a direct material loss) would ultimately outweigh any likely compensation
anyway . In addition as soon as the court hears the bank has made a compensatory offer (which actually exceeds any (because there was 0) direct loss - would likely go down poorly)

The appropriate thing to do is see legal advice but Bear in mind a decent solicitor is going to cost 100 an hour minimum anyway - so factor that in


Personally, if it was me , 300 seems more than fair, but that’s my opinion. - If you think you can get more go for it. Good luck to you! But don’t be surprised if they tell you to –- off , especially if you’ve gone to ombudsman they’ll be unlikely to action pending their report (which can take months)

Again just my opinion
[Post edited 20 Apr 2023 17:41]

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Bank error compensation values ? on 17:45 - Apr 20 with 1740 viewsBLUEBEAT

Definitely take it to the FO, especially as they have admitted responsibility as a relatively quickly conclusion would be made.

I had an issue last year where my ex-partner wasn’t taken off our bank accounts, even though we both signed the appropriate forms in person at the bank. I found out 6 months later that she was still accessing my accounts. Bank admitted responsibility and initially offered £400 compensation. I refused and they doubled offer to £800. I refused again and took it FO. 4 months later the bank paid me what the FO deemed a suitable figure; £3,400

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Bank error compensation values ? on 18:16 - Apr 20 with 1706 viewsDJR

Bank error compensation values ? on 17:36 - Apr 20 by MJallday

Exactly correct. However The cost of going to court to “prove” distress (and the risk of losing in this case where there is not a direct material loss) would ultimately outweigh any likely compensation
anyway . In addition as soon as the court hears the bank has made a compensatory offer (which actually exceeds any (because there was 0) direct loss - would likely go down poorly)

The appropriate thing to do is see legal advice but Bear in mind a decent solicitor is going to cost 100 an hour minimum anyway - so factor that in


Personally, if it was me , 300 seems more than fair, but that’s my opinion. - If you think you can get more go for it. Good luck to you! But don’t be surprised if they tell you to –- off , especially if you’ve gone to ombudsman they’ll be unlikely to action pending their report (which can take months)

Again just my opinion
[Post edited 20 Apr 2023 17:41]


I agree you don't want to go down the court route, and (speaking as a lawyer) am not convinced it is worth the expense of getting legal advice.
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Bank error compensation values ? on 18:17 - Apr 20 with 1700 viewsHARRY10

I checked with Monopoly - they suggest £10
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Bank error compensation values ? on 19:56 - Apr 20 with 1620 viewsMJallday

Bank error compensation values ? on 18:16 - Apr 20 by DJR

I agree you don't want to go down the court route, and (speaking as a lawyer) am not convinced it is worth the expense of getting legal advice.


A bit of context

The Prudentail Regulator (PRA) since 2008 is most concerned about a couple of things (I’m
Paraphrasing and simplifying in the name of brevity)

Firstly, financial liquidity and stressing. Basically the financial institutions’ ability to service itself and it’s customers (think Financial fair play but a lot stricter) - they don’t want a repeat of last time

Secondly, security. Not just tech systems ie Are systems safe, secure - but is decision making within a financial institution done in an organised and structured!Way with accountability and responsibility (so bankers can’t get away with swindling people again Structure done in an organised away

Lastly, fair outcomes. When servicing customers , has the customer been treated fairly , reasonably and with empathy

The case in this post definately falls under the later of the 3

When a bank makes its decision, it will be looking at a few things

1) has the customer been treated fairly?
2) is the customer out of pocket
3) has the customer been inconvenienced or been put under undue or unreasonable stress
4) can there be other outcomes which can be deemed fair and reasonable

Any compensation given will be based on the factors behind the specifics, which is why there isn’t any rules, regulations or guidance on compensating amounts

I hope that gives a tiny insight into how banks think. Clearly there’s a lot more to it than that but I suspect I’d send people to sleep

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Bank error compensation values ? on 09:09 - Apr 21 with 1445 viewsDJR

Bank error compensation values ? on 19:56 - Apr 20 by MJallday

A bit of context

The Prudentail Regulator (PRA) since 2008 is most concerned about a couple of things (I’m
Paraphrasing and simplifying in the name of brevity)

Firstly, financial liquidity and stressing. Basically the financial institutions’ ability to service itself and it’s customers (think Financial fair play but a lot stricter) - they don’t want a repeat of last time

Secondly, security. Not just tech systems ie Are systems safe, secure - but is decision making within a financial institution done in an organised and structured!Way with accountability and responsibility (so bankers can’t get away with swindling people again Structure done in an organised away

Lastly, fair outcomes. When servicing customers , has the customer been treated fairly , reasonably and with empathy

The case in this post definately falls under the later of the 3

When a bank makes its decision, it will be looking at a few things

1) has the customer been treated fairly?
2) is the customer out of pocket
3) has the customer been inconvenienced or been put under undue or unreasonable stress
4) can there be other outcomes which can be deemed fair and reasonable

Any compensation given will be based on the factors behind the specifics, which is why there isn’t any rules, regulations or guidance on compensating amounts

I hope that gives a tiny insight into how banks think. Clearly there’s a lot more to it than that but I suspect I’d send people to sleep


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Bank error compensation values ? on 09:31 - Apr 21 with 1422 viewsChurchman

Lots of good stuff on this. I agree with MJalliday and DJR even though their stances are slightly different.

Do I think £300 is a good offer? That depends on what good is, but it’s certainly better than nothing. They’ve admitted liability and made an offer. In your shoes I might be inclined to demand £500 as a fair and reasonable settlement for the cost, inconvenience and distress this has caused and settle for £400. You can only ask. The worst case scenario is that you get £300 back. Would I go to court? In this instance probably not but that a personal thing.

When I was working in that world many moons ago I had authority to pay compo up to a certain limit. Some of the claims were spurious, iffy and sometimes outrageous in addition to those that were justified. In the majority of cases we’d pay up just to get rid of the complaint. It was a business decision. Where a complaint was justified, you’d look to pay the minimum. Why? Because claims counted against the branch and in turn me. Nothing personal, it’s how it was.

But this was a very long time ago now and attitudes may have changed hence mentioning the two posters above who have a far better insight than me.

Good luck with this.
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Bank error compensation values ? on 10:54 - Apr 21 with 1349 viewsDJR

Bank error compensation values ? on 09:31 - Apr 21 by Churchman

Lots of good stuff on this. I agree with MJalliday and DJR even though their stances are slightly different.

Do I think £300 is a good offer? That depends on what good is, but it’s certainly better than nothing. They’ve admitted liability and made an offer. In your shoes I might be inclined to demand £500 as a fair and reasonable settlement for the cost, inconvenience and distress this has caused and settle for £400. You can only ask. The worst case scenario is that you get £300 back. Would I go to court? In this instance probably not but that a personal thing.

When I was working in that world many moons ago I had authority to pay compo up to a certain limit. Some of the claims were spurious, iffy and sometimes outrageous in addition to those that were justified. In the majority of cases we’d pay up just to get rid of the complaint. It was a business decision. Where a complaint was justified, you’d look to pay the minimum. Why? Because claims counted against the branch and in turn me. Nothing personal, it’s how it was.

But this was a very long time ago now and attitudes may have changed hence mentioning the two posters above who have a far better insight than me.

Good luck with this.


Yes, it may well be that £500 (or £400) is a good outcome but in addition to whatever sum you get, you ought to add any additional costs for, say, reproducing the documents, and aim to get 8% interest for the period your missus is delayed getting access to the funds.

This from the Financial Ombudsman's website.

"We might decide the business should also pay you interest on top of this compensation.

We expect the business to calculate the number of days you didn’t have the money, and apply 8% interest a year to the amount they refund you. We award interest at 8% simple for a few reasons, including because:

it’s the current rate on judgment debts

people often have to a pay higher rate than this if they’ve borrowed money to cover a loss — for example, on a credit card

If we think a different interest rate should be used, we’ll explain why."

EDIT: Until your missus gets hands on the money, you won't know the period to charge interest, so you could suggest a year's interest in the circumstances, or get them to agree to pay this amount later when the period is known.
[Post edited 21 Apr 2023 11:03]
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Bank error compensation values ? on 11:12 - Apr 21 with 1323 viewsPinewoodblue

Bank error compensation values ? on 16:58 - Apr 20 by DJR

You cannot get compensation from the Information Commissioner, but it seems to me you could include a GDPR failure in a complaint to the Financial Ombudsman as an additional ground or compounding factor.

This from the ICO website.

"The GDPR gives you a right to claim compensation from an organisation if you have suffered damage as a result of it breaking data protection law. This includes both “material damage” (e.g. you have lost money) or “non-material damage” (e.g. you have suffered distress).

The ICO cannot award compensation, even when we give our opinion that an organisation has broken data protection law.

You do not have to make a court claim to obtain compensation — the organisation may simply agree to pay it to you. However, if it does not agree to pay, your next step would be to make a claim in court. The court would decide your case. If it agreed with you, it would decide whether or not the organisation would have to pay you compensation.

We strongly recommend you take independent legal advice on the strength of your case before taking any claim to court."
[Post edited 20 Apr 2023 17:29]


This might be a daft question but are physical documents regarded as data?

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Bank error compensation values ? on 11:27 - Apr 21 with 1293 viewsPinewoodblue

Bank error compensation values ? on 17:45 - Apr 20 by BLUEBEAT

Definitely take it to the FO, especially as they have admitted responsibility as a relatively quickly conclusion would be made.

I had an issue last year where my ex-partner wasn’t taken off our bank accounts, even though we both signed the appropriate forms in person at the bank. I found out 6 months later that she was still accessing my accounts. Bank admitted responsibility and initially offered £400 compensation. I refused and they doubled offer to £800. I refused again and took it FO. 4 months later the bank paid me what the FO deemed a suitable figure; £3,400


Recently destroyed documentation, deleted emails, from a case in which I involved F.O. so nothing to refer to.

The company I was dealing with took a hardline, in fact their first response opened the door to involving FO.

FO resolved the issue but it took over a year to allocate the matter to an investigator and another 6 months passed before he even looked at it. This was during lockdown and related to travel insurance.

I’m pretty sure if the bank are made aware you want a final offer/letter so the FO can become involved that a much better offer will be forthcoming.

In my case I was able to calculate what was a reasonable offer. A week after the investigating officer looked at it I was offered exactly what I asked for, didn’t bother to seek interest on the sum.

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Bank error compensation values ? on 12:57 - Apr 21 with 1266 viewsearlsgreenblue

Bank error compensation values ? on 11:27 - Apr 21 by Pinewoodblue

Recently destroyed documentation, deleted emails, from a case in which I involved F.O. so nothing to refer to.

The company I was dealing with took a hardline, in fact their first response opened the door to involving FO.

FO resolved the issue but it took over a year to allocate the matter to an investigator and another 6 months passed before he even looked at it. This was during lockdown and related to travel insurance.

I’m pretty sure if the bank are made aware you want a final offer/letter so the FO can become involved that a much better offer will be forthcoming.

In my case I was able to calculate what was a reasonable offer. A week after the investigating officer looked at it I was offered exactly what I asked for, didn’t bother to seek interest on the sum.


Exactly the part that we’re up to, I think it probable that the data breach has not been reported to the ICO, we have asked for a confirmation of that date.
Also the FO initial complaints form will not allow completion unless the final response letter has been received, as only just found that out our next email to the bank will ask for one & see.
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Bank error compensation values ? on 13:31 - Apr 21 with 1244 viewsDJR

Bank error compensation values ? on 11:27 - Apr 21 by Pinewoodblue

Recently destroyed documentation, deleted emails, from a case in which I involved F.O. so nothing to refer to.

The company I was dealing with took a hardline, in fact their first response opened the door to involving FO.

FO resolved the issue but it took over a year to allocate the matter to an investigator and another 6 months passed before he even looked at it. This was during lockdown and related to travel insurance.

I’m pretty sure if the bank are made aware you want a final offer/letter so the FO can become involved that a much better offer will be forthcoming.

In my case I was able to calculate what was a reasonable offer. A week after the investigating officer looked at it I was offered exactly what I asked for, didn’t bother to seek interest on the sum.


My more recent complaint to the Ombudsman didn't involve such a delay: maybe the pandemic played a part in yours.

On behalf of my father-in-law, I claimed for £1000 he had been tricked into paying out of his Nat West bank account. It was successfully settled within 2 months.
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Bank error compensation values ? on 13:46 - Apr 21 with 1235 viewsearlsgreenblue

Bank error compensation values ? on 12:57 - Apr 21 by earlsgreenblue

Exactly the part that we’re up to, I think it probable that the data breach has not been reported to the ICO, we have asked for a confirmation of that date.
Also the FO initial complaints form will not allow completion unless the final response letter has been received, as only just found that out our next email to the bank will ask for one & see.


Further thoughts, all our recent communications have come from a different email address, it’s now,
“Customer services.mmx@“ I think as our use of terminology has changed it is being picked up by a software program & hence routed differently, also a 24hr response today rather than 11/12 days as previously..
Anybody knowledge of this customer complaint software I’d be interested to know, I’m thinking key words, for example ICO, FO, data breach, are what’s been used by us & hence the noticeable change.
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