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Original poster

How bad is this mistake

56 replies

SuePream · 02/01/2021 01:20

Just wondering if I am being irrationally angry or not about this.

Currently selling my old family home after death of parents last year. I instructed the solicitors recommended by the estate agent - they had thousands of great reviews online so all good.

As it is a probate sale I had to send the originals of certain documents to the solicitors - deeds of probate, death certificates and my own ID. All very private information. Solicitor told me they would return these by registered post on 22 December, which was their last working day until 4 January. Today I had a knock on the door from my neighbour who said that a letter had been sent to their address by mistake a couple of days ago and they had opened it. They didn't recognise the name on it (it's my birth name, which nobody knew until now).

The solicitor had sent my original documents plus a letter about the progress of the sale to the wrong address. The neighbours are 12 Wrong Road and I am 12a Wrong Road. The neighbours only realised it must be for me when they saw the correct address on the deeds of probate and saw my photo ID, so they clearly read through the documents.

We have had numerous issues with these neighbours in the past and give them an extremely wide berth. I am sitting here horrified that they have been given access to so much personal information about me, my parents, the house I am selling, the size of my parents' estate, how they died etc etc.

What would you do about this? Complain or let it go as it's just human error? Ask to swap to a different solicitor?

OP posts:

LouiseTrees · 02/01/2021 01:23

Report them for a breach of data protection and ask them to report themselves first. What did it say on the envelope though? Did it have the wrong address?

LadyB49 · 02/01/2021 01:26

It probably wasn't the so!icitors fault. Sounds like the Secretary did a typo.!!

kirktonhouse · 02/01/2021 01:27

Have they sent previous correspondence to the correct address?

TheSilveryPussycat · 02/01/2021 01:30

Should it not have been sent Recorded Delivery? And had Private and Confidential on the envelope?

DelphiniumBlue · 02/01/2021 01:31

Yes, what did the envelope say? And was it registered - did someone have to sign for it?
Is it simple human error ( just missing the "a") compounded by not being registered, and by neighbours who had no business opening post not addressed to them? Have you had post from the solicitors before, correctly addressed? I suppose I'm getting at, was it a system failure ( eg your address being entered wrongly onto the system and not being checked) or was it a simple mistake? Or a postal delivery issue? Make sure of your facts before you complain, but do follow it up as it is a data protection breach.

Designingheaven · 02/01/2021 01:35

I’d be fuming personally, definitely say something even if you don’t want to take it further they need to know these things are happening.

Original poster

SuePream · 02/01/2021 01:36

The letter had my legal name (which the neighbour didn't know until now) and the wrong address and was put in an envelope with a clear address window. It was apparently sent registered delivery but the neighbours said it was just put through their letterbox.

It's the first thing the solicitors have sent me through the post as everything else has been via email. I just noticed that they have put the wrong address on the contract they sent to the other side but the correct address on the fixtures and fittings form.

OP posts:

RedHelenB · 02/01/2021 07:29

12a/12 an easy mistake to make. Even if it had been addressed properly then it could still.have ended up at your neighbours, we have mail for the rest of the street pushed through all the time.

Palavah · 02/01/2021 07:34

12/12a might ne an easy mistake but it is not one I would expect a solicitors' firm to make. Irrelevant whether it's a lawyer or admin error.

Second PP asking them to report themselves to the ICO.

BikeRunSki · 02/01/2021 07:40

12/12a is a simple mistake, but it’s Aldo a very significant mistake! Solicitors and their support staff should have better attention to detail. Registered or not, if they’d sent it to the correct address, your neighbours would not have had the opportunity to open it. I’d very much consider this to be a data breach and I would contact them to let them know at the very least, so at least they can endure that their systems to show the correct address and make sure that their staff are aware of the mistake.

Pipandmum · 02/01/2021 07:49

Your neighbours should have not opened it and returned it.
I think fur yo current circumstances even 'must be signed for' mail is just put through the letter box.
I would complain to the solicitors for not using the correct address, but the fault is with your neighbours.. - the Postal Act 2000 says it is an offence to open mail you believe is not intended for you (and it clearly did not have their name on it, so it doesn't matter that it had their addtess).

RollOnForever · 02/01/2021 08:01

deeds of probate, death certificates and my own ID. All very private information

I do sympathise as I am a very private person and do not like the thought of my post going to neighbours I don't like but I wouldn't actually consider this private information. Probate and death certificates are publicly available documents that can be ordered online. Your ID was what, your passport or driver's licence with your name, DOB and address? That is all information people can find out without much difficulty (although I appreciate it was a different name on the letter).

I honestly don't mean to sound unsympathetic but I don't think it falls into the category of sensitive personal information like medical records etc. Just trying to put it into context.

I'd let the solicitors know and advise them that you're unhappy about it. They'll amend their system to make sure if doesn't happen again. It does sound like human error but if it is in their case management system incorrectly it will keep happening.

MissLucyEyelesbarrow · 02/01/2021 08:12

@Pipandmum

Your neighbours should have not opened it and returned it. I think fur yo current circumstances even 'must be signed for' mail is just put through the letter box. I would complain to the solicitors for not using the correct address, but the fault is with your neighbours.. - the Postal Act 2000 says it is an offence to open mail you believe is not intended for you (and it clearly did not have their name on it, so it doesn't matter that it had their addtess).

Oh god, not this MN myth again. It is only an offence if you do it with malicious intent (intent to act to someone's detriment) and without reasonable excuse. It is perfectly legal to open it to try to return it to the proper owner - which is what the neighbours did.

Aquicknamechange2019 · 02/01/2021 08:32

It is potentially a GDPR offence so yes, notify the firm's responsible partner for data protection and ask them to refer themselves to the ICO.

shallbe · 02/01/2021 08:42

Complain to them as it's a data breach, I doubt they will need to report themselves to the ICO based on what you've said, what you describe isn't sensitive information. It's an error but should be reported to them so they are aware of the mistake and learn from it, if you don't agree with how they handle the complaint you could then raise it with the ICO.

shallbe · 02/01/2021 08:42

(By them, I mean the law firm)

DerelictWreck · 02/01/2021 08:42

the Postal Act 2000 says it is an offence to open mail you believe is not intended for you (and it clearly did not have their name on it, so it doesn't matter that it had their addtess).

No it doesn't.

Honestly OP I get why you're upset but this sounds like a perfect storm. A typo at the solicitors, Royal Mail not delivering as instructed, and a neighbour who opens post they shouldn't.

NeverDropYourMoonCup · 02/01/2021 09:01

Report the GDPR breach.

But at least it seems to have shown that your neighbours aren't that bad after all, as they could have binned the documents, rather than bringing them round to you.

thosetalesofunexpected · 02/01/2021 09:08

Hi Op
You need to play holy hell.!
(Read Riot Act with this solicitors office and the Royal mail office too.!!!
Its Clearly a very serious Data protection Breach.!!!
If Anything because of their Profession Status,/handling very sensitive infor on regular basis.

Solicitors/support staff there, should be even more so of high exacting standards.

Royal Mail office
Also Were at fault too,if this mail was sent by speacial recorded delivery,?(Why on earth was it pushed through your neighbours door???
This should never happened.!!!
p.s (Are you entitled to small compensation in any way,for the distress this has caused you family.???

You should at least receive letters of apologises from the solicitors office of estate and of course Royal mail office.

Diddumz · 02/01/2021 09:10

I am a former legal secretary and would have got into a lot of trouble for getting the address wrong.

Having said that, if the letter was sent recorded delivery and it wasn't signed for, then that is the Postie's fault.

NadoligLlawen2020 · 02/01/2021 09:20

If the solicitors details were stamped on the outside (all communication I’ve had from solicitors have been) - then it is perfectly possible for the neighbours to have returned the paperwork to the solicitors saying it has been delivered to the wrong house because the address is incorrect.

Soontobe60 · 02/01/2021 09:20

@SuePream

If it was sent recorded delivery it would have a sticker on the envelope.

Soontobe60 · 02/01/2021 09:25

@MissLucyEyelesbarrow
It is an offence.

‘The Postal Services Act 2000 section 84 states: "A person commits an offence if, without reasonable excuse, he - (a)intentionally delays or opens a postal packet in the course of its transmission by post, or (b) intentionally opens a mail-bag."

It also says that: "A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him."

It continues: "A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both."

RosesAndHellebores · 02/01/2021 09:27

GDPR issue but not something I could get terribly worked up about.

justasmalltownmum · 02/01/2021 09:31

Die to the covid situation, Royal Mail are not accepting signatures for signed for delivery. Therefore, may have just posted it through the door.

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