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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:
Justbrutallyhonest · 02/01/2021 15:45

You can’t blame your neighbours for opening it, if they just opened an envelope without looking at the names as most do then they couldn’t know it was yours and as such don’t fall foul of the law, second even if it had your name but their address they would have to open it to see which was correct! That’s perfectly reasonable, the law only states there doing wrong if the deliberately prevent you from your mail, which the obviously didnt

SuePream · 02/01/2021 16:04

Just want to repeat that I don't blame the neighbour for opening the post, and it was decent of them to return it.

It is entirely the solicitor's fault/negligence/admin mistake/human error. Yes, nothing bad has happened (to my knowledge) yet. But neighbours have had my original documents including my photo ID since 23 December and who knows what they could have done with it if they were that way inclined.

OP posts:
SuePream · 02/01/2021 16:07

@SendMeHome so sorry - that's awful. Did you have any repercussions from that breach or have to move again?

OP posts:
shallbe · 02/01/2021 16:30

@SendMeHome assuming this was post GDPR you would have a really strong case for an Article 82 claim. It was a human error and there's only so far the ICO will take that depending on several factors, however, you can now sue as an individual for compensation for distressed caused under Article 82. You might be able to find a no win no fee type solicitor for it.

AngelDelightUK · 09/01/2021 19:12

Did you speak to them @SuePream

I think I’d want to bring it to their attention so that nothing else went to the neighbours.

Onjnmoeiejducwoapy · 18/01/2021 10:58

Unfortunately this sort of thing happens all the time, I know people who have had their house documents sent to the entirely wrong addrsss by the solicitors!

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