By Jo Anderson. Last Updated 31st January 2024. Welcome to this guide to making a mortgage data breach. In it we give examples of a mortgage broker data breach and explain what constitutes a mortgage lender data breach. We also show you how you could claim compensation for a mortgage company data breach, if exposure of your data causes you harm.
When applying for a mortgage, you may find you need to disclose a lot of personal information on the application form. You’re probably happy to do so if it helps to secure your new home. However, have you thought about what might happen if that information isn’t secure? Well, in this guide about mortgage provider data breach claims we’ll look at the harm that a breach could cause.
We’ll also discuss when you could be eligible to claim compensation for harm and the amount you might seek. As we continue, we will explain how the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) offer you (the data subject) more control over the use of your data.
Accident Claims UK is here to offer our help if you do wish to make a claim. Our advisors provide free legal advice about the claims process and offer to review any case on a no-obligation basis.
If your case appears to have strong grounds, we could pass it on to one of our data breach solicitors. Any case that they agree to take on will be managed on a No Win No Fee basis.
What are my rights after a mortgage provider data breach guide
Start Your Mortgage Lender Data Breach Claim
If you would like to talk to us today about making a mortgage lender data breach claim, please give us a call on 0800 073 8801. When you call, an advisor will walk you through the claims process, review your options and answer any queries that arise.
To learn more about data breach claims before calling, please read the rest of this article.
Select A Section
- What Personal Data Could My Mortgage Provider Hold About Me?
- When Could I Claim For A Mortgage Provider Data Breach?
- Evidence And Documentation Which May Support A Data Breach Claim
- Mortgage Provider Data Breach Compensation Calculator
- No Win No Fee Claims For A Data Breach By Your Mortgage Provider
- Related Guides To A Mortgage Broker Data Breach
What Personal Data Could My Mortgage Provider Hold About Me?
As mentioned in the last section, mortgage providers ask for all sorts of information about you during the application process. During your time as a customer, the data they hold about you may increase. So, what type of information could your mortgage provider hold about you? It could include:
- Your personal contact details: names, addresses, email addresses and mobile or home telephone numbers.
- Website login credentials.
- Details of previous addresses.
- Information on your financial history from your credit file.
- Employment details.
- Banking details.
- Transaction history included defaulted payments.
There could be more data held about you than we’ve listed here, in some cases. However, most of the items listed are protected by the GDPR as they could help to identify you.
As well as implementing measures to secure personal data, in most cases, your mortgage provider is not allowed to share your data without your consent (unless in exceptional circumstances). That means, for example, that they couldn’t share information so that a home insurance provider could offer you a quote unless you explicitly agree first.
If you are ready to discuss claiming for a mortgage lender data breach, why not call our advice centre today? We will review your case and provide legal advice for free and without obligation.
When Could I Claim For A Mortgage Provider Data Breach?
Personal data breaches result from some type of security problem. A breach is where data that could identify somebody is lost, changed, accessed, destroyed or disclosed in a way that is not lawful or authorised. Importantly, compensation for the harm that results from a breach could be claimed whether the incident was accidental, deliberate or illegal.
In many cases, data breaches can be the result of cybercriminals. You may well have read about cases where hacking, ransomware, keyloggers, phishing emails and other similar tactics have been used by criminals to get access to data. However, it is important to understand that the GDPR also covers physical documents as well. For example, if paperwork relating to mortgage applications is left on a train by a broker and a member of the public accesses it, a breach will have taken place.
Evidence And Documentation Which May Support A Data Breach Claim
It would be nice if you were able to just tell the defendant that you’d like compensation for the mortgage broker data breach and request a figure. However, the process isn’t that easy. You need to supply evidence to prove how you’ve been affected and that the breach took place. To help do this, you could provide:
- A letter or email from the mortgage provider telling you that your data was involved in a personal information breach.
- A report from the ICO that confirms that the breach took place.
- Financial statements to demonstrate the amount of money you’ve lost because of the breach.
- Medical reports to show what psychological or emotional injuries the data breach has caused.
Don’t worry if you don’t have all of the above. If you call our team, an advisor will review your evidence and let you know if anything else is needed. If the case appears to be strong enough, they could refer you to one of our mortgage company data breach lawyers.
Mortgage Provider Data Breach Compensation Calculator
If your personal data was compromised in a mortgage provider data breach, and you are eligible to make a claim, you could be awarded compensation for your material and non-material damage.
Non-material damage refers to the psychological injuries you have suffered due to the personal data breach. This could include depression and anxiety, for example.
Those valuing your non-material damage may refer to the Judicial College Guidelines (JCG) for help. This document provides compensation guidelines for different psychological and physical injuries. We have used some of these guidelines when creating the table below. Please note, however, that the first entry has not been taken from the JCG.
| Injury | Severity | Settlement Bracket | Information |
|---|---|---|---|
| Severe psychological harm combined with financial costs and losses. | Severe | Up to £250,000+ | Where there are multiple severe psychological injuries causing pain, suffering and losses such as loss of earnings. |
| General Psychiatric Injury | Severe | £51,460 to £108,620 | There will serious issues coping with relationships and life in general. A very poor prognosis will be offered due to there being little chance of treatment helping. |
| General Psychiatric Injury | Moderately Severe | £17,900 to £51,460 | The issues will be similar to the above but there will be a more optimistic prognosis. |
| General Psychiatric Injury | Moderate | £5,500 to £17,900 | Due to a number of improvements already made, there will be a good prognosis. |
| General Psychiatric Injury | Less Severe | £1,440 to £5,500 | The level of award would factor in how long the condition lasted and how it affected sleep and everyday activities. |
| PTSD | Severe | £56,180 to £94,470 | The claimant will suffer permanent symptoms of PTSD. As a result, they won't be able to function at pre-trauma levels or return to work. |
| PTSD | Moderately Severe | £21,730 to £56,180 | Although significant issues will exist (as above), the claimant is likely to benefit from specialist treatment. Therefore a more positive prognosis will be offered. |
| PTSD | Moderate | £7,680 to £21,730 | The claimant has largely recovered. |
| PTSD | Less Severe | £3,710 to £7,680 | A practically full recovery within 1 to 2 years and only minor symptoms remain. |
Any financial losses you have experienced due to a personal data breach is referred to as material damage. For example, you may have had money taken from your bank account if this information was breached. You may have also experienced a loss of earnings if you required time off work due to the psychological harm you suffered.
Providing copies of bank statements, payslips and credit card statements could be used as evidence when claiming for your material damage.
To receive a free valuation of your personal data breach claim, you can contact one of our advisors.
No Win No Fee Claims For A Data Breach By Your Mortgage Provider
We understand that some people worry about claiming because they don’t want to lose money on lawyer fees. We know that could be the case for you, and it is the reason that our data breach solicitors provide a No Win No Fee service.
Unfortunately, not all claims are suitable. Therefore, a solicitor will need to consider your case before it’s taken on. If they are happy, and you wish to proceed, a Conditional Fee Agreement (CFA) would be drafted for you. This contract explains what your solicitor must achieve before they are paid for their work. Also, it will clarify that:
- You don’t need to pay your solicitor’s success fee in advance of the case.
- Your solicitor won’t ask you to pay their fee while the case continues.
- If a claim fails, you will not be charged any solicitor’s fees.
Where a positive outcome is achieved and you are paid compensation, your solicitor will retain a percentage of it to cover their fee. This is listed in the CFA as a success fee. To prevent overcharging, success fees are capped by law.
If you want to find out whether a No Win No Fee service is suitable for your claim, please call an advisor today.
Speak To Our Specialist Team About A Mortgage Broker Data Breach
Thanks for visiting Accident Claims UK today. We do hope that you have found out why mortgage provider data breach claims are possible. If you have decided to make a claim and would like our help, you can:
- Call our free legal advice line on 0800 073 8801 to discuss your case with a specialist.
- Send us an email to explain what’s happened to office@accidentclaims.co.uk.
- Tell us about your case and how you have suffered in our live chat.
- Request a call back from a specialist by completing our online claims form.
For your convenience, we operate our mortgage company data breach advice line 24 hours a day. When you get in touch, you’ll receive free legal advice on claiming and we’ll assess the merits of your claim. While you’re not obliged to make a claim, we could partner you with one of our data breach lawyers. Should they take your case on, they will manage it on a No Win No Fee basis.
Related Guides To A Mortgage Broker Data Breach
We have reached the end of this article on claiming for a mortgage data breach. To help you further, this section contains links to some other articles that could help. If you have any other requirements, please contact our free legal advice centre about a mortgage company data breach.
- Financial Conduct Authority: The FCA regulates how mortgage lenders and intermediaries operate in the UK.
- Clinical Depression: In this article, the NHS explains the symptoms, causes and treatment of depression.
- Panic Attacks And Anxiety: Advice on how to deal with anxiety from the charity Mind.
- Finally, we have provided links to a few of our articles below:
- Private Healthcare Data Breach: A detailed look at when you might receive compensation following private healthcare data breach.
- Your Rights After A Medical Data Breach: Information about claiming if you’ve suffered due to a medical data breach.
- A Guide To Data Breach Distress: Advice on the claims process if you have suffered data breach distress.
Thank you for reading this guide to making a mortgage data breach. Now, you’ve seen examples of a mortgage broker data breach and read what constitutes a mortgage lender data breach. We’ve also showed you how you could claim compensation for a mortgage company data breach, if exposure of your data causes you harm.
