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I have a mortgage with a certain building society for the last

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6 years.When i got the...
I have a mortgage with a certain building society for the last 6 years.When i got the mortgage i was living at my parents house in navan but i bought my home in kildare.since then i have had letters to my house in kildare,always with the mortgaged address as the house in navan.i have gone into the local branch dozens of times relating to this and they have assured me its been changed.Since then i have fallen into arrears substantially and last month they sent a letter to my mothers house,which she opened that said they were starting legal proceedings in regards XXXXX XXXXX arrears.I hav'nt spoken to my mother in years and she now knows my personal business and has told the entire family.I rang the building society and they told me they had the house in navan mortgaged and after waiting they said that one security system has it as navan,one has it as kildare.they have since sent me a financial statement with regards XXXXX XXXXX arrears and in it they said the address in navan was there in error and would be removed.That letter was dated 12/12/2012.I received a letter last week dated 13/12/2012 with the mortgaged address still as navan.Can i do anything about my personal business being violated like this?
Submitted: 4 years ago.Category: Republic of Ireland Law
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Answered in 49 minutes by:
1/3/2013
Solicitor: Ronan, Solicitor replied 4 years ago
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2,256
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Ronan :

You can report your mother for opening your private mail. This is an offence and she should of simply returned same to the postman/ post box confirming you were not at that address. There is no avenue to pursue the building society, even if the letter was improperly address, it should simply be returned by the person who receives it

JACUSTOMER-m5mqsvdh- :

My point is the building society told me that the mortgaged address was navan and every letter I have even received has that stated on it when that is my parents house.My father and me share the same name which is why she signed for and opened the letter.

Ronan :

I don't understand your point, the mortgaged address they believed was Navan and wrote to you at this address, this turned out to be incorrect. They then clarified this on further investigation. So what are you now inquiring about??

JACUSTOMER-m5mqsvdh- :

My point is that I have been asking the building society to rectify the error for six years,which they failed to do,still issuing letters to my parents house in navan.As I've explained already,I share the same name as my father so as far as my parents are concerned,they were opening a letter for my father and since I dont live there anymore,why would they expect post being sent to me there.The building society tell me that their records have me as having a house mortgaged in Navan so how do I know that all documents at the start wern't referring to a house in Navan?I'm enquiring as to whether legally they have done anything wrong with regards to my personal data?They actually told me on the phone when I asked what address did I borrow the money for,they told me Navan so are you telling me that the fact they sent details of a personal nature with all the wrong information to an address that i have asked them to change numerous times is not an issue of wrongdoing?

Ronan :

Well certainly if you think the incorrect property was mortgaged by all means have your solicitor take up your title deed and examine them. However I strongly suspect that your solicitor, who acted for you at the time not the bank, did mortgage the correct property and that you are the registered owner of your own house in Kildare and that the building society has a valid mortgaged registered over it in the land registry. I imagine this error arose from from an administrative problem within the bank probably as a result of having previously liaised with you at this that address

Ronan :

In terms of your personal data,the have an obligation to correct the information they hold on you if it is incorrect once they are notified of same under the Data Protection Act 1988 and you can report their failure to correct it to the data protection commissioner who can pursue them in relation to this

Ronan :

In terms of their failure to deal with the correction after being advised of same. You could pursue them yourself through the civil courts for negligence in failing to have this rectified. This having caused a breach to your privacy, release of your information into a public domain etc

JACUSTOMER-m5mqsvdh- :

In your personal opinion,if I pursued the matter for breach of privacy,what is the likely outcome?

Ronan :

First of all you would need evidence that you advise them to correct the error. This would need to be either by way of email or in writing. If successful, you may receive relatively small punitive damage (€5,000 to €10,000) prehaps

Ronan : Please rate question to finalise answer
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Ronan
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2,256
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Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years

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