What the hell do I say? (House buying crap)

[NewYoiker]

Using a mortgage advisor we got recommended from a friend who happens to be a financial adviser.

I've just realised he's been copied into all the correspondence we've had. Theyve sent him letters that discuss my sketchy credit history because of fraud and he's been copied into emails about time off work because I had a miscarriage.

I'm going to ring them in the morning but Aibu to be really fucking angry ?! What can I say to them?

The mortgage company are totally at fault, however, why did your friend nor flag this up with yourselves or the company after the first email was received by him?

Because the friend convinced them he was acting for the OP.

Seriously, how else would they know he even existed? It's not their fault, it's his.

Dh says that the mortgage company has broken data protection regulations, but he’s not sure what you will gain out of it. You have to prove that their action has resulted in monetary loss. What price do you put on upset? They are absolutely in the wrong. Good luck.

OP, have you even asked your friend how they had his details and knew he was involved in any way? Have you asked him if he's getting commission on this 'recommendation'?

I'd go ape shit..

@tenlittlecygnets yes so we asked our friends to recommend brokers as we're ftb and wanted a good rate. One of the people we asked is DH's friend who happens to be a financial advisor but DH knows him in a totally non professional way, just social we've never used him to help us with money. We had other recommendations but he came back first so we went with the broker he recommended.

We went to see mortgage broker and later he emailed DH asking how we found them- he mentioned his friend by name as they had helped him buy a house.

Every other correspondence has been with the financial advisor ccd in.. no idea why he's been ccd in. He rang them on Friday to say he'd had a letter not meant for him including our mortgage application and then shredded it. Then today they sent an encrypted email to me, DH and his friend the financial advisor including medical information about me, my contract of employment and other confidential things.

He (financial advisor friend) then replied all and basically said 'stop emailing me, I've spoken to you about this previously, stop including me in this correspondence they're friends not clients. This is a breach of gdpr'

Ok. So, time to raise hell with your mortgage broker. Totally unprofessional. What do you want to do?

At least your friend hasn't kept quiet about it through embarrassment. Hope you sort it op. I'd be mad.

Did you not realise he was cc'd in?

When the mortgage adviser emailed you and cc'd in your friend, did you not see him CC'd in? Or was he Bcc'd?

Your friend sounds pretty professional so probably didn't even open the encrypted file. It is awful that it has happened but he may not actually know the info you are really worried about.

I'd definitely make a proper complaint about your mortgage advisor though.

Are you sure he wasn’t included because he was collecting a referral commission?

Wow, that's really bad.

Your friend has done the right thing and sounds very professional. You need to contact the mortgage broker and (a) fire them then (b) ask them to confirm that they have reported the GDPR breach to the Information Commissioner. They are legally required to do this (within something like 72 hours I think) and can be fined if they do not. The point is to make sure that they identify that their systems or training are deficient and get them to rectify this to prevent the same happening to someone else, and for the individual involved to have his arse handed to him in a plate. You won’t get compensation or anything but you should get the satisfaction of calling them out on their shoddy practices.

Broker is totally at fault. If the mortgage advisor friend didn't submit anything to the broker to set up the transaction then there is no way he should have been copied in on anything. If I were you I would follow whatever steps GDPR say you should in dealing with this - it may be report to them directly or they may say you need to report to the broker first and if you don't get a satisfactory solution then to refer to them.

Years ago we took out a small second mortgage on our house for some renovation work. Our mortgage company was Abbey National. A few weeks after applying we got a telephone call from some random stranger to say that all the paperwork for the transaction had been sent to this person breaking all manor of data protection rules. I wrote to the CEO of Abbey National to complain and was offered £50 to have a meal out on them. I thought it was ridiculous that they could get away with what they had done so took the case to I think the FSA (it was 18 years ago so the full details are a little hazy). In a nutshell, even though we could prove a breach of data protection rules the only thing that we were able to do was get a letter which stated if in the future we could prove financial loss as a result of the data breech then there would be a case for Abbey National to answer. I would be really interested to hear if GDPR has changed things or if it's just another law which makes us think we are protected but when all said and done we aren't, there are way too many of those. Most laws I find mean absolutely nothing unless you are willing and able to pursue the matter through the courts.

ICO information here

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