A solicitor posted my monetary particulars to a neighbour. Can I get compensation? DEAN DUNHAM replies

After my husband died last year, I approached a solicitor to create a new will. 

They took lots of personal details. 

I later discovered the firm had accidentally sent these in a letter addressed to a neighbour. 

The solicitor said the letter was returned unopened, but I don’t believe them. 

I think this is a data protection breach. What should I do?

J. F., East Yorkshire.

Data breach: A reader’s solicitor accidentally posted their sensitive financial details to a neighbour

Dean Dunham replies: This appears to be a clear breach of the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 (DPA 2018). 

A solicitor has a legal duty to keep a client’s personal data secure. Sending highly sensitive financial information to the wrong address represents a serious failure to meet those data protection obligations.

Under UK GDPR Article 5, personal data must be processed with appropriate security. 

Article 32 further requires organisations to implement measures that ensure the confidentiality and protection of personal data. 

Sending your confidential information to an incorrect address suggests a potential breach of both provisions.

First, you should make a formal written complaint to the solicitor.

In this you could state: ‘You have breached UK GDPR by sending my confidential financial and personal data to the wrong address. 

This constitutes a data protection breach under Articles 5 and 32. I require written confirmation of whether the letter was genuinely returned unopened; what steps have been taken to ensure my data was not read, copied, or retained; the outcome of your internal data breach investigation and compensation for the distress caused. 

Under Section 168 of the Data Protection Act 2018, individuals may be entitled to compensation for distress caused by data breaches.’

You may also wish to ask how the occupant at the incorrect address knew where to return the letter without opening it.

If the firm responds appropriately, which is likely given that they are a regulated professional practice, the matter may end there. 

However, if its response is unsatisfactory, you can escalate the issue. You may submit a complaint to the Information Commissioner’s Office, which investigates data protection breaches. Complaints can be made via ico.org.uk/make-a-complaint.

You could also report the matter to the Solicitors Regulation Authority on the basis that the solicitor may have breached professional conduct rules.

Can’t get a refund for creased curtains  

We bought some curtains from a well-known retailer in November, paying £612. When we hung them, they were badly creased and looked awful. 

The retailer sent a replacement pair, but the same thing happened again. It offered us £100 to keep the curtains, but we’d prefer a full refund. What are our rights?

R. G., address supplied.

Dean Dunham replies: Under the Consumer Rights Act (CRA) 2015, goods must be of satisfactory quality. 

Curtains that look ‘awful’ when hung because of creasing would likely fail to meet this standard. 

If you had been within the first 30 days after purchase, you would have had an automatic right to reject the goods and receive a full refund. 

However, because you are outside that 30-day period, the law requires you to give the retailer one opportunity to repair or replace the faulty goods.

In your case, the retailer has already attempted to resolve the issue by providing replacement curtains, but those had the same defect. As a result, you now move to the final remedies stage under Section 24 of the CRA. At this point, you are entitled to a price reduction or a full refund.

The key point is that the choice is yours, not the retailer’s. You are entitled to reject the £100 offer and request a full refund of £612.

If the retailer refuses, you still have options. If you paid by debit or credit card, you could request a chargeback through your card provider.

Explain that the retailer is in breach of contract because the goods were faulty and has already had one opportunity to resolve the issue.

If you didn’t pay by card, you could pursue it through the small claims court by filing a claim through the Government service at gov.uk/make-court-claim-for-money.