To think that this was unacceptable from solicitors

[princessposy]

DH doesn’t think this is a hugely big deal but I am really irritated by it.

I am selling a property. Estate agents recommended a solicitor so got a quote, paid them, sent some paperwork off then heard nothing for a few weeks. Probably should have chased it but there has been an awful lot on.

It transpires the solicitors have been sending forms and so on to an incorrect email address. It’s just my name at gmail dot com but my name is similar to a more common one. So as well as not getting the emails, they’ve been going to someone with a similar name to mine.

The solicitors didn’t seem bothered at all and just forwarded the emails to the correct email address.

AIBU to think that’s not acceptable? Or am I overreacting?

@princessposy They've breached GDPR. Firstly write to them and ask for an audit of your case. So detailing what specific data was leaked to the other "Mrs Smith", what steps they have taken to recall and contain the data and how they are going to deal with similar errors in future. Tell them that if you don't get a satisfactory reply you'll report them to the Solicitors Regulatory Authority (SRA). You could also push for compensation. Although you've suffered no material loss, it has caused you emotional distress.

My sister was the recipient of emails like this. First was a house sale, she did reply to them and said check your email address and call your client for correct email.
Then came a solicitor letter for an arrest and court details. She replied again, and told them you're contacting wrong person. She's ended up changing her email so it's no longer her name and .gmail Hopefully this will stop her getting them again.

With conveyancing either pick a firm where you have a personal recommendation or pick one that is convenient for you to visit in person. Proximity of the solicitor to the property or estate agent isn't important (unless you're buying in Scotland/ Northern Ireland where you need somebody who works in those areas where procedures aren't the same as in England & Wales).

Most solicitors are competent working electronically but the ability to go and see them helps if something isn't quite right.

I'm a non-practising solicitor at the moment in a completely different field with an England wide practice.

Solicitors are collectively terrible at taking proportionate action in response to errors. We under/over react. Yes they should apologise. I don't think any real harm has been done (you're not fleeing a stalker /abusive ex and you're not an MP or otherwise well known, so it's annoying and careless and shouldn't have happened but doesn't pose a risk to your safety or a financial penalty). They should be thinking about a procedure for sending one email saying not very much and getting a response to it before sending more detailed info and /or asking you to email them / not taking email addresses over the phone (to reduce the risk of typos) etc.

If there is any personally identifiable information in those emails you should report information commissioner’s office for a data breach.

I had a similar attitude from a solicitor who sent me copies of another couple's wills, similar surname but different first names and town, and we hadn't yet signed up with the firm to do our mirror wills. I was disgusted to be honest, but the secretary who made the mistake didn't think it was an issue, didn't apologise, she even addressed the email to me, by first name, yet the will doc had the correct client name right there in the file name. Needless to say we did not proceed with the firm for any work.

This is a clear breach of Data Protection. You need to contact your solicitors & ask them what they intend to do about it. This is serious stuff. If no joy, advise them you’ll contact the Solicitors Regulatory Authority to take it further. They can’t get away with such sloppy & incompetent workmanship - it falls well below acceptable standards.

Oh for fuck sake.

My own secretary did this a few months ago. Mistakes happen.

She came to me really apologetic and we went into a meeting room and discussed. Then we followed the process and reported what we needed to report to who it needs ro be reported to and dont think there werent consequences.

If busy body clients want to start reporting us to the SRA go right ahead but the secretary doesn't come under their auspices and isn't regulated by them and Im not sure what you'd want them to do. The SRA cant fine or discipline a secretary. They can restrict one from ever working in a law firm again but they wouldn't do it for accidental email of a document to the wrong person.

At least complain to the right body.

They cant be allowed to get away with it - aye , I'll set up the guillotine. 🤣

If I’d had even a hint of someone being really apologetic I wouldn’t have minded.

As it was, literally all that they did was forward me the many emails sent to ‘wrong person at gmail dot con’!

The cost implications for a breach of Data Protection can be huge. We take it seriously at my place of work.

A secretary’s mistake is your responsibility & should be dealt with accordingly. A bit of a chat & kind words to the instigator of said mistake is all well & good, but it’s the client who’s the one of real concern. Your attitude mirrors that of the firm instructed by the MN - oh, it’ll be alright, it was the secretary, let’s not make a fuss of it. God, I’d make a bloody fuss of it if I were the one whose confidential details had been disclosed. There’s a price to pay for these matters.

Untrue.

A mistake that wasn’t realised by either side is unlikely to result in any sort of fine

OP ask yourself what do you want to do. They made a mistake you can take your business elsewhere or follow any complaint procedure they have.

I don’t think you’re being unreasonable. You’re paying for a service. They need to ensure they get your details correct. Also, if a client doesn’t respond to an email repeatedly then they should check that they have the correct one and follow up with a phone call.

I don’t think you’re in the least bit unreasonable to not want someone else receiving your personal information. I would actually complain.

I'd be deeply unimpressed, especially with the lack of apology.
And I agree with @Itsa10fromLen, they should have had the gumption to check that they have the correct details and phone to make sure.
In my dealings with solicitors I have found that they tend to lack initiative and proactive thinking. It's quite galling when you think about how much you pay these people.

Nonsense - the mistake has been realised by the client!

Not all breaches need to be reported to ICO.

They only need to be reported if it is likely to result in a risk to the rights and freedoms of the individuals. If there is a risk of actual physical harm, identity theft, financial loss, discrimination or emotional distress.

The DPO within the firm will assess whether the breach is reportable, make contact with the incorrect recipient, ask for confirmation of deletion and advise the individual who made the error.

No. I obviously don’t want to put my real name on here but username equivalent would be - it should have gone to [email protected] and it went to [email protected]

Why ever not? Our last estate agent recommended several. We looked at the reviews for them all and then chose. The one we used was fantastic and we have used her, and recommended her, several times since.

I’ve had worse, very reputed solicitors who made a calculation mistake in the completion amount 🙄
luckily all they did was transfer across more money to me than was due (5 figures in excess!) and I spotted it and they sheepishly took a refund from me. 😄😄
I never trust anyone when it comes to paperwork.

5 figures implies 10,000 to 99,999 so not sure where you got that from…

if it were a billion I’d have changed my identity and disappeared overnight and wouldn’t be posting on Mumsnet

Anyone could find the property you’re selling and buying online though since they’re both presumably listed with estate agents.

The fact someone random has been sent an email with an address of a house for sale on it is a total non-issue!