Get UK Law Questions Answered by Verified Experts
Have they acknowledged there negligence in passing on your details and who did they pass your details to?
Okay, if they've admitted liability (albeit only verbally) then you're in a strong position.
I would write to them setting out your complaint and giving details of the specific breach, state that you consider you have suffered significant distress as a result and have lost confidence in them. If they have credited your account with a sum of money in respect of the breach then ask them why this was done without your knowledge. Ask how they propose to constructively resolve the situation.
It is a breach of the Data Protection Act to released your banking details without your consent (state this in the letter) and you can claim compensation under the DPA is you suffered damage or distress. Plainly, if you have suffered specific loss then you should seek this from them in your letter.
Were you to take the matter to Court then the difficulty would be proving that you have suffered damage and distress if there is no direct financial loss. The burden would be on you to prove this and you would be liable to pay their costs if unsuccessful.
If you have not suffered an direct financial loss then I would do some sabre-rattling in correspondence and see how much 'give' that figure of £100.00 as in it, but probably knowing that I would not issue a claim at Court. It seems a very token amount.
Naturally you should wait some time to see if there are any transactions that you did not authorise so you can establish if you have actually suffered direct financial loss.
If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).