Council Send Court Action Letter to Incorrect Address

Background

Mr Matthew McConville, Head of Irvings Law’s specialist Data Breach Department, has successfully represented a client in a claim for compensation against a well-known Council. Due to confidentiality, the client will be referred to as Mrs A and the identity of the Council will not be disclosed.

One of the said Council’s cover Business Support Officers sent a Court Action letter to an incorrect address containing Mrs A’s name and that she had been issued with a Penalty Notice which had not been paid. As such, the said Court Action Letter was to inform that criminal proceedings were due to be imminently issued and served which understandably, no matter who receives such a letter, is incredibly upsetting and embarrassing for whom they relate to (like Mrs A here). Upon being made aware of this error, Mrs A lodged a complaint to the defaulting Council and in response, the Legal Intervention Officer provided a verbal and written apology for this breach along with confirming internal changes to avoid any reoccurrence.

Representation

After this, Mrs A approached specialist Data Breach Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what happened was completely wrong and without hesitation, offered to act for Mrs A by way of “no win, no fee” presenting a claim to the involved Council on the basis her human rights to privacy were breached as well as GDPR following this misuse of private information.

Resolution

After presenting the claim, the involved Council wished to then settle Mrs A’s claim and an agreement was reached not long after such discussions took place in the sum of £4,500.00 including the payment of her legal costs.