Is this a breach of data protection?

Muddle2018

Registered User
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86
The basics. Part of the tracker redress cohort. Bit of a battle with my ex and the bank but money overcharged was eventually taken off the mortgage and redress given solely to myself and a transfer of equity done whereby ex removed from mortgage and subsequently title deeds of property. I did appeal the fact at the time they had not given back legal fees and was advised that it was all in order so did not broach subject again. Mortgage was then closed off and a new agreement number opened under my own name.

Fast forward to March I get a letter stating they do in fact owe me legal fees which had been added to my account and not credited back however now that mortgage has been closed off so they could not just credit it off mortgage and asked for my bank details which I gave. Upon calling bank asking where the money is as this is now ongoing since March, I was told that there should have been two signatures for this refund and they were waiting on my exes signature.

My argument is that the bank were advised by both our solicitors at the time that all redress was to be sent to myself only. That he had no interest in the property and then was transferred off the mortgage therefore they should only need my signature as the only person on the mortgage and it is nothing to do with him so contacting him about it is a breach of my data. Am I correct? I am still waiting on the bank to 'investigate' the matter and still not in receipt of my refund.
 

Muddle2018

Registered User
Messages
86
Yes everything was initially in respect of the joint mortgage but as he had never paid towards it both of our solicitors advised the bank that redress and compensations should all come just to myself and when all that was done I was able to get him off the mortgage and then the deeds.
 

peemac

Registered User
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879
I can't see how it's a breach of data. This seems to be a catch all phrase that in many cases will cause delays.

It was a joint mortgage and I'm guessing that the legal fees being refunded go back to when both parties were on the documents.

It will probably need confirmation from both solicitors for it to be pay to you solely, but it certainly does not look like any breach of data.
 

Muddle2018

Registered User
Messages
86
So despite his name not being on the mortgage and already agreed that he has no interest in the property since 2007 and legal fees added in 2008 and all monies previously agreed with solicitors being given to me this could still be an issue? I could still need his signature on this? I just want to clarify before I ring kbc and argue with them. I assumed with the transfer of equity and all being in solely my name that them contacting him about anything to do with my sole mortgage would be a breach. I am open to correction, not arguing with you but so sick of kbc at this point that I want it all done and dusted and argued now and put it all to bed for good.
 

peemac

Registered User
Messages
879
If his name was still on the mortgage at the time of the legal fees, then on face value he could be contacted.

As many staff are working from home, the person dealing with this refund may not have all the information about you becoming the sole person and the agreement between solicitors.

So err on this side, explain it to the staff member and ask them to check the file fully and get back to you.

I'd avoid using the "data breach" or worse "gdpr" as it just gets people's backs up and you could end up with an unhelpful staff member.
 

Muddle2018

Registered User
Messages
86
Ok cheers for that it saves me sending a very wordy email that may not work out well lol but yes I forgot that people are working from home still with little access to systems as my own job has been as if no pandemic ever hit since day one. It actually did not occur to me being honest. Will wait on a response to my last email which just outlined above without the whole gdpr thing so hopefully I get some kind of response. Letter is dated 21st March mind you so its a while in the waiting. Thank you for advice.
 
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