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Nationwide Data Protection Breach - Decision Received

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  • Nationwide Data Protection Breach - Decision Received

    Hi,

    I've had a complaint investigated and Nationwide have agreed that they were in the wrong. As a resolution they are crediting my account with £250. I'm not sure what to make of that amount as I had no prior expectation of compensation, but now I'm not sure if this is a low ball offer to try and close my complaint quickly. Interested to see what you think.


    Background Of Complaint

    I've had a joint account with Nationwide since 2014, but moved house in 2015. My partner went into branch to update our address at the time, which they said they could only do for my partner and that I would need to attend to change my details. This was fine however I never got round to actually going into branch and amending my address (everything I do banking wise is online). This account is only used for my wages to be deposited into, and then that money is moved to my "main" account which is with TSB.

    Earlier this year I had a new phone and therefore needed to log back in to my Nationwide Internet Banking app, however realised that my debit card had expired last year and therefore needed to go into branch to change my address and get a new card sent out before I could log back in. So about 4 months I went into branch, explained the above and advised that I needed to change my address and get a new card posted out. The lady advised that my old address wasn't in the system and she would order a new card for me straight away. I questioned this with the lady as my partner was specifically told in 2015 that only her details would be amended, however the lady assured me that the old address was not showing on my account and I would get my new card within a week or 2.

    A few weeks pass and nothing is received, so my partner goes back in to explain that the card never came through. They tell my partner that they can't discuss my details with her, and that I need to go back into branch, fair enough. A few weeks later I go back into branch, explain the situation again regarding my old address, not receiving the new card etc. It was a different lady this time however again, she assured me the old address was nowhere in the system, she wasn't sure why I hadn't received the card and would order me a new one which I should receive in a week or 2. I left the branch and said to my partner "I'm still not convinced I'm getting that card".

    So another few weeks pass and of course no card received. Work, holidays and life have gotten in the way since then so I only got chance to go back into the branch last week (Monday). I speak to a different woman again, explain the situation again, and she investigates around the system again and as previous visits I'm told that she can't understand why I'm not getting my card as the old address isn't showing. At this point I say "I'm convinced that you've still got my old address linked to me somewhere in your system". This seems to prompt her to look somewhere else in the system and lo and behold she says "Oh yes, there it is, your security address is still your old address". She goes on to apologise, change my address and request a new card for me. I question if this means that the new cards and pin numbers were sent to my old address twice and she confirmed they would have been, apologises again and orders 5 years worth of statements for us to check through to see if anything unusual appears. We're very confident that nothing has happened but that's not to say that it couldn't have happened.

    I leave the branch finally believing I'm going to get my card, however I felt compelled to log a complaint due to the fact that I advised them twice of my new address and that I hadn't changed it previously, only for them to advise that the old address wasn't in the system, they send out everything a person would need to clean my account out to whoever lives at my old address (surely a GDPR breach?), then finally realise that my old address is in fact showing against me in the system.


    Outcome Of Complaint

    A very helpful dedicated complaints handler dealt with my complaint, kept me updated, did lots of fact finding and came to a very quick conclusion. The final response is below:

    "Dear Mr xxxxxxx,

    Thank you for letting us know about the concerns you have. I’m sorry you’ve had to raise this with us and thank you for giving me the opportunity to investigate this for you.


    Your concerns

    You’re unhappy it has taken three trips into branch to ensure your address is correct on file. As a result of this, we’ve sent Debit Cards and a PIN to the wrong address and you’ve had to rely on your partner for access to your funds.


    Our findings

    Thank you for taking the time to raise your concerns, I have tried to contact you by telephone to discuss this matter but regrettably was unable to reach you. I’ve conducted an investigation and have included my findings below.

    I’m really sorry your Debit Card and PIN has been sent to a previous address on two occasions, despite raising the fact you’d never updated your address to your current one on both occasions. And, it wasn’t until your third trip, it was identified your address had in fact, not been updated.

    I understand you were advised incorrectly that we held the correct address on file. I hope it helps if I explain, we have two systems we commonly use for checking member’s details. On one of our systems, it seems your new address was pulled through caused by a system error which is likely to be in relation to the joint account holder. With that said, this is not the system which should’ve been checked when looking at what address you hold on file and I’m really sorry for this. I have since fed this back to the branch in efforts to prevent this from happening again in future.

    I appreciate due to our error this has caused you two unnecessary trips into branch. If this has caused you any financial loss, please email me at xxxxxxx@nationwide.co.uk to confirm what the loss was and I will be happy to redress this.

    I am glad to see your address has now successfully been updated and you have been issued a new Debit Card.

    Once again, I’d like to apologise for the service you’ve received on this occasion as it isn’t the service we aim to provide.


    Our decision

    In summary of the information above, I agree that we have made an error on this occasion. Please accept my apologies for this.

    I’ve credited your Nationwide account ending xxxx with £250.00. This payment will show on your account at the end of 2 September 2021.

    Retaining this payment won’t affect your right to refer your complaint to the Financial Ombudsman Service (FOS). However, we would ask FOS to take the payment into account in its assessment of your complaint.

    If you’ve incurred any additional charges as a direct result of our error, then please send evidence of this to xxxxxxx@nationwide.co.uk where I can look into this further for you."


    It seems to me that the resolution is focused around my repeated trips to the branch more so than my card and pin number being sent to complete strangers. With the information above, is this a fair resolution? Are there any other examples of this happening that I could compare with? Should I go back and say that I'm not happy with the resolution to see if they offer anything else or would I be better going to the FOS?

    Thanks in advance.
    Tags: None

  • #2
    Hi AIDACUK

    You could look at some FOS cases (they have old decided cases on their website) with regards to Data Protection Breaches and see what the FOS awarded in those cases, each case is different, so the compensation will vary.

    This will help you to understand compensation better - https://www.financial-ombudsman.org....g-compensation

    Comment


    • #3
      Originally posted by echat11 View Post
      Hi AIDACUK

      You could look at some FOS cases (they have old decided cases on their website) with regards to Data Protection Breaches and see what the FOS awarded in those cases, each case is different, so the compensation will vary.

      This will help you to understand compensation better - https://www.financial-ombudsman.org....g-compensation
      Thanks for that. I've spoken with an FOS advisor and she explained that they would investigate the complaint based on what did happen, not what could have happened. So because the people at my old address didn't use my card, that wouldn't be considered when looking at the level of compensation.

      I've gone back to Nationwide and they're responded by offering another £50, so £300 total. It still doesn't feel like that matches the severity of giving someone my card and pin number, so maybe a complaint to the ICO would be more relevant due to the data protection breach.

      Or am I wasting my time and should just accept the £300?

      Comment


      • #4
        thats all you will get no doubt, by the way offered £225 more than me.

        Comment


        • #5
          Originally posted by MIKE770 View Post
          thats all you will get no doubt, by the way offered £225 more than me.
          Thanks for the info, was yours a similar situation?

          Comment


          • #6
            Originally posted by MIKE770 View Post
            thats all you will get no doubt, by the way offered £225 more than me.
            I agree with MIKE770, that's a good result. The fact they are offering compensation they realize they made an error and made amends with the compensation, that's how the FOS will view it.

            Comment


            • #7
              Okay, thanks both for your help.

              Comment


              • #8
                Just an update. I went back one more time and their final offer was £350, which I've accepted.

                Comment


                • #9
                  Well done..

                  Comment

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