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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

My solicitor has sent my confidential Address to my abusive ex

78 replies

Boonlark · 25/08/2021 13:41

I'm mentally spiralling. She emailed the form asking for my address to be kept confidential from my ex...to my ex. It was in a pdf that had all the other court forms in, and she didn't notice before she sent it.

What do I do now?

This is my own home that I just bought, so it's not like I can move to a new address.

OP posts:
MaryTalbot · 25/08/2021 20:48

Do not ring or talk to anyone insist on a written correspondence about the issue.

Seriously sorry OP. Flag up with police and ask no demand what the solicitor is going to do to keep you safe - start by waiving their fees in its entirety and filing immediately for a non molestion order at their own expense - I would suggest these two are a starting point.

HollowTalk · 25/08/2021 20:50

That's horrific. The person who did that shouldn't be working in that field. I know people make mistakes but ffs they should be double-checking before sending anything like that out.

I think they should be paying for you to move elsewhere, tbh. They might make fewer mistakes if they were hit hard in their pocket.

BrilloPaddy · 25/08/2021 20:50

I'd contact your local Police force on the 101 number. Explain what has happened, and that you feel you may be in imminent danger now that he has your address.

At least it will be on file.

catsareme14 · 25/08/2021 20:51

I would hazard a guess you will get no where with the SRA . Ostensibly there to regulate the profession. Actually there to protect and cover up . I know from bitter experience.

thefourgp · 25/08/2021 20:53

I totally agree with @MaryTalbot.

Also, demand they pay to install cctv and have a locksmith beef up your home security to help you be more secure in your own home now they have put you in danger and caused you a great deal of distress and anxiety. Do not let them fob you off which they’ll absolutely try to do with minimum cost to them.

KleineDracheKokosnuss · 25/08/2021 20:55

I’m. You need to pursue the complaint process and not be fobbed off. The words ‘have you reported this to your insurers as this is a very serious data breach’ might help.

Then complain to the ICO, and then bring a claim. You will get a payout for this one - won’t help with anxiety, but you may as well.

reallyworriedjobhunter · 25/08/2021 21:02

I would call the police this evening and tell
them what has happened. They can put a marker on your address so that any 999 calls are a priority. They should also have other advice.

Are there other things you can do to make yourself safer? A Ring doorbell or security cameras so that any knob head exes hanging about get caught on camera.

Sending you a huge hug. God, people are rubbish sometimes.

Queenie6655 · 25/08/2021 21:08

@MaryTalbot

Do not ring or talk to anyone insist on a written correspondence about the issue.

Seriously sorry OP. Flag up with police and ask no demand what the solicitor is going to do to keep you safe - start by waiving their fees in its entirety and filing immediately for a non molestion order at their own expense - I would suggest these two are a starting point.

Yes Police ASAP just to inform them so they can put a marker on your address

So so sorry this has happened to you 😡😡😡

TheRebelle · 25/08/2021 21:13

I’d really recommend a ring doorbell or cctv, and a prominent sign saying the property is covered by cctv, it will give you peace of mind that if he does send anyone to watch you or turn up himself at least it will all be recorded, you can even get internal cameras if you like.

InvestigationAndConclusion · 25/08/2021 21:19

After complaining to the firm, the ICO might be your best bet initially and see if their investigation criticises the firm.

Then take that to the SRA. Only 5% of complaints result in sanctions however.

You could also complain to the Legal Ombudsman about the firm's service. They can compensate you if they find poor service or ask the firm to apologise .

bigbaggyeyes · 25/08/2021 21:23

Is there a legal ombudsman you can write to? I'd also find out the name of the person with overall responsibility for the company and write to them too. This is no minor fuck up on their part. I can't believe they got a receptionist to speak to you... I'd take them to the absolute cleaners re security, non mol orders the works at their expense too

TakeYourFinalPosition · 25/08/2021 21:26

Oh god, I'm sorry.

This happened to me, but it was the bank. My ex turned up and got violent.

Unfortunately, the ICO investigated but found it was human error, and took no action. They "reminded" the bank to be more mindful in future. It took them 8 months to investigate.

In the meantime, the police advised me to stay away from home for a week or so, and then gave me an emergency number if he showed up. He did, multiple times. Unfortunately, they couldn't arrest him for being in the vicinity without an existing order against him, but they did make me feel as safe as possible.

You will get a payout for this one - won’t help with anxiety, but you may as well.

I wouldn't count on that, unless the solicitor offers you one. I got a goodwill gesture of £200 from the bank. That was it. It didn't even cover half of the hotel stay.

The ICO didn't order any compensation or anything at all.

beigebrownblue · 25/08/2021 21:34

@Pebbledashery

Solicitors Regulation Authority. Google them. You need to lodge a formal complaint against the firm.. You'll likely have to change solicitors who let they're under investigation. So sorry this has happened to you.
Yes this. It is a bit like an employer you have to go through their complaints procedures first.

And then progress to ombudsman.

Not nice. Not easy. but you will get there.

ElizaDoolots · 25/08/2021 21:37

All law firms will need to have someone appointed into a role called a COLP (compliance officer for legal practice). This is the person who will be ultimately responsible for reporting data breaches to the SRA. If you google the name of the law firm and COLP you should be able to find out who this person is, likely to be a partner, and co tact them directly to let them know what has happened and that the solicitor has not responded to your complaint.

beigebrownblue · 25/08/2021 21:37

@InvestigationAndConclusion

After complaining to the firm, the ICO might be your best bet initially and see if their investigation criticises the firm.

Then take that to the SRA. Only 5% of complaints result in sanctions however.

You could also complain to the Legal Ombudsman about the firm's service. They can compensate you if they find poor service or ask the firm to apologise .

I don't believe this is the process.

The process is, as far as I know

you complain to the solicitor.

Wait for the reply back

Then do the ombudsman.

I would recommend Resolver complaints tool.
It is reall good.

Google it on the money saving website.

Unfortunately soliciors sometimes believe they are not accountable to anyone

this is far from the case

Egghead68 · 25/08/2021 21:39

You could contact another solicitor and get them to sue your solicitor for the data breach.

Talia99 · 25/08/2021 21:42

I’m fairly sure it is a requirement that they tell you the complaints procedure in a client care letter at the beginning of working on your case. You should look it out and follow that procedure. It sounds at the moment that as you haven’t sent a letter headed ‘formal complaint’, the senior partner is brushing it off and getting a secretary / receptionist to fob you off by telling you to go back to the original solicitor.

Boonlark · 25/08/2021 22:28

I'm not sure I had a letter from them at the beginning telling me about their complaints procedure etc. I'm not completely sure about that though

OP posts:
Boonlark · 25/08/2021 22:29

I also can't work out who the partners are. My solicitor seems to be in charge of the divorce depot, but her title seems to be associate or something?

OP posts:
FedNlanders · 25/08/2021 22:30

This happened to me too, but was from a different person. I had a cafcas review and they gave me an emergency police contact buzzer.

IceLace100 · 25/08/2021 22:33

There are a few things going on here:

  1. Solicitor Conduct: Your solicitor hasn't conducted him/ herself correctly. You should complain to the law firm, then to the Solicitors Regulatory Authority.
  1. Police. Call 111 and explain to them what has happened. It's better if you log your concerns.
  1. Data breach. Solicitor has disclosed your personal data in error. You can complain about the data breach in your complaint. You can also report data breaches to the ICO: ico.org.uk/for-organisations/report-a-breach/
  1. You might be able to sue your solicitors for negligence, because they were negligent in disclosing your address in error. You'd been to speak to a different solicitor who specialises in professional negligence to see if this is possible.
pcofmushu · 25/08/2021 22:35

I work in IG, OP. Feel free to pm me any advice.

Utilmately you want/are entitled:

  • to see that they have reported this data breach to their internal data protection reporting system AND the ICO within 72 hours of THEM BEING AWARE OF THE BREACH
  • an assurance that this doesn't put you in harm, and if it does, what they are going to do about it.
  • compensation.

I couldn't believe your post when I read it. My solicitor did the same thing to me when I moved house. I said in my email to her "I shouldn't be having to tell you the 'check twice, send once' rule, but here we are".

Shocking. Embarrassing. Stomp your feet and you make sure those Senior Partners assist and that you want for nothing. Big hugs x

pcofmushu · 25/08/2021 22:36

And inform the police too to report this

Boredmotherofone · 25/08/2021 22:55

@IceLace100

There are a few things going on here:
  1. Solicitor Conduct: Your solicitor hasn't conducted him/ herself correctly. You should complain to the law firm, then to the Solicitors Regulatory Authority.
  1. Police. Call 111 and explain to them what has happened. It's better if you log your concerns.
  1. Data breach. Solicitor has disclosed your personal data in error. You can complain about the data breach in your complaint. You can also report data breaches to the ICO: ico.org.uk/for-organisations/report-a-breach/
  1. You might be able to sue your solicitors for negligence, because they were negligent in disclosing your address in error. You'd been to speak to a different solicitor who specialises in professional negligence to see if this is possible.
Genuinely not trying to be pedantic I just want OP to know that 111 is NHS. 101 is who she needs Wine
Boonlark · 26/08/2021 01:26

I phoned 101, they can't do anything unless he turns up and does something.

OP posts: