Janice,
From my own experience:
1) Get the Information Commissioner to make an assessment. It costs
nothing and, if the error is really obvious the process shouldn't take too
long (a few weeks in my case).
2) Document your actual losses (e.g. for securing the house) and write to
the company, backed up by the assessment, claiming compensation and being
prepared to prove the actual amounts. Say that you will take them to court
if they don't cough up (and mean it).
3) Claim for associated distress. Ask for a lot (£500?), but be prepared
to negotiate.
4) Don't be surprised if they reject a claim for consequential costs such
as your time. I gave in on that one, but would be interested to know if
anyone succeeds in getting it.
5) I think your mother should claim, through you as attorney, because it
was records concerning her insurance that were wrong - but I'm not an expert
on that. (I'd fudge it to start with, on the assumption that the insurance
company won't be expert on it either.)
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Janice Vale" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, December 23, 2004 11:24 AM
Subject: Advice on claim for damages -breach of principle 4
> Emboldened by my daily dose of data protection horror stories, I thought I
> might at last post to the list and provide a "Friday" tale for you to chew
> on. I would be grateful for any advice on how best to make a claim for
> compensation for losses resulting from inaccurate recordkeeping:-
>
> My elderly mother recently had the unfortunate experience of being burgled
> whilst in a respite care home following a bad fall and stay in hospital.
> Her insurance company refused to assist me, or to explain why not, quoting
> our favourite piece of legislation. I eventually worked out that their
> records must show that my flat, rather than my mother's house, was
> covered by the buildings policy, despite the fact that the documents in my
> hands showed the correct details: ironically, when I set up the policy for
> my mum I had given them my address "for correspondence" to expedite
> payment when they were slow sending out the paperwork, but this was
> clearly marked as a temporary arrangement, expiring in December 2003, on
> the policy schedule. The fact that the cover is for a 3 bed house whilst
> my address is "flat x" might have given them a clue! I only managed to
> rectify the situation after umpteen phone calls, taking time off work and
> incurring unnecessary costs in securing the house, because I have a power
> of attorney.
>
> Any suggestions gratefully received. In particular, have I the right to
> claim on my own behalf as attorney, or for my mother? Needless to say I
> wouldn't dream of passing on the costs to her.
>
> Well, that's my nomination for "scrooge of the year" : cancelling the
> cover of a vulnerable old lady because her home was unoccupied whilst she
> was in hospital must take some beating!
>
> Merry Xmas to all
> Janice Vale
>
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