After a credit score data breach, you may be wondering whether you could get make a claim. This guide will provide guidance on the data breach claims process and how much data breach compensation you could be owed.
Credit score data breach claims guide
We’ll also discuss the impact this type of personal data breach could have on your life. We’ve also included data breach examples involving a credit score to give you an idea of how they can happen.
If you have any questions after reading our guide, you can get in touch with our team of advisors. They offer free legal advice and can provide additional clarification on anything of which you’re unsure.
To get in touch with us, you can:
- Call 0333 241 2521
- Make a claim online
- Speak to our team using our live chat function that pops up on your screen
Choose A Section
- Guidance On Claiming Compensation After Data Breaches Involving Credit Scores
- What Is A Credit Score Data Breach?
- Examples Of A Data Breach Involving A Credit Score
- How Much Could I Get For A Credit Score Data Breach?
- What Is A No Win No Fee Agreement?
- Additional Information About A Credit Score Data Breach
Guidance On Claiming Compensation After Data Breaches Involving Credit Scores
There is key legislation that protects your personal data. The Data Protection Act 2018 was updated after the UK left the European Union. Now, it sits alongside the UK General Data Protection Regulation (UK GDPR) to set out a data controller and data processors responsibilities to protect your personal data.
A data controller decides how and why your personal data will be used, whereas a data processor is responsible for processing data on the controller’s behalf. However, the data controller can also process data themselves.
If either a data controller or processor fails to adhere to data protection law and causes your personal data to become compromised, you might be able to claim. However, you must prove that:
- A data controller or processor failings caused a breach of your personal data
- The breach caused you to suffer psychological harm or incur financial losses.
Our advisors can verify if you have a valid credit score data breach claim. Call now for a free consultation with no obligation to make a claim with us afterwards. We just want what’s best for you.
What Is A Credit Score Data Breach?
The Information Commissioner’s Office (ICO) investigates organisations that do not comply with data protection law and may impose penalties on companies that are found to have caused a credit score data breach.
A personal data breach is defined as a security incident that affects the confidentiality, integrity and availability of your personal data. For example, your personal data may be lost, altered or destroyed either accidentally or unlawfully. It could also be accessed or disclosed without authorisation.
Personal data is information that relates to you and may lead to you being identified. This can either mean information that can directly identify you or indirectly identify you from information that is processed alongside other data that can directly identify you. Your name, address and phone number can all act as identifiers.
A credit score company may hold other information such as your bank details, credit card or debit card details. If any of this information is compromised due to their failings, you could experience an impact on several areas of your life.
For free friendly legal advice on whether you’re able to claim, speak to our team now. Our advisors are available to help 24/7.
Examples Of A Data Breach Involving A Credit Score
A credit score data breach can occur for various reasons. There are several types of breaches, including cyber and non-cyber. For example, ransomware attacks or phishing scams are examples of cyber incidents. Alternatively, a physical breach may occur through human error, such as failing to lock up a filing cabinet containing your personal information.
Other examples include:
- Your credit score report may be emailed to the incorrect email address because staff did not double check the email address line before sending.
- A letter containing details of your credit score is posted to the wrong address, despite the company having your correct address.
- A credit score company loses paperwork containing your personal information because the documents were not securely stored.
- The organisation may have failed to keep cyber security systems up to date, making them more susceptible to a cyber attack.
Statistics For Data Breaches
According to the ICO data security incident trends, in Q4 of the financial year 2021/22, there were 173 cyber and non-cyber security incidents in the finance, insurance and credit sector.
The most common incident types included:
- Data emailed to incorrect recipient
- Data posted or faxed to the wrong address
- Phishing
- Ransomware
- Unauthorised access
Get in touch for more information on data breach claims.
How Much Could I Get For A Credit Score Data Breach?
A credit score data breach settlement following a successful claim could include compensation for:
- Psychological harm caused by the personal data breach, such as post-traumatic stress disorder, distress, stress and anxiety. This is considered under non-material damages.
- Financial losses caused by the personal data breach. For example, if your financial details are stolen, it could have a negative impact on your credit score due to someone taking loans out in your name. This is considered under material damages.
Previously, it was only possible for you to claim for non-material damage if you had suffered financially too. However, following Vidal-Hall and Others v Google Inc (2015), a legal precedent was set that decided claimants may claim for mental harm without having to have endured any financial losses.
In order to value the non-material damages portion of your claim, solicitors may use the Judicial College Guidelines (JCG). to help them calculate what you data breach claim is worth. This is a document also used to help calculate settlements in personal injury claims. It sets out bracket compensation amounts for different types of psychological injuries.
| Injury | Compensation Range | Notes |
|---|---|---|
| Severe Psychiatric Damage | £54,830 to £115,730 | Qualities of your life are badly affected. |
| Moderately Severe Psychiatric Damage | £19,070 to £54,830 | You may be unable to work due to the severity of the symptoms |
| Moderate Psychiatric Damage | £5,860 to £19,070 | Although you continue to struggle, the prognosis is slightly more optimistic. |
| Less Severe Psychiatric Damage | £1,540 to £5,860 | Whilst you may struggle to sleep, the prognosis is promising. |
| Severe Post-Traumatic Stress Disorder | £59,860 to £100,670 | Your ability to work will be severely impacted. |
| Moderately Severe Post-Traumatic Stress Disorder | £23,150 to £59,860 | Significant disability may pose a risk to you in the future because of your PTSD. |
| Moderate Post-Traumatic Stress Disorder | £8,180 to £23,150 | Minor symptoms persist but a recovery is expected. |
| Less Severe Post-Traumatic Stress Disorder | £3,950 to £8,180 | You will fully recover within a year or two. |
The figures in the table are from the JCG. However, they are not guarantees of what you will receive. You could also use a compensation calculator for 2022 to estimate how much your claim is worth. Alternatively, call our team to get a more accurate estimate.
What Is A No Win No Fee Agreement?
When you hire a solicitor providing No Win No Fee services, they may be able to represent your claim under a Conditional Fee Agreement (CFA). This means no payment for your solicitor’s services will be required if your claim is unsuccessful. There will also be no requirement to pay upfront fees or ongoing fees while your claim proceeds.
If your claim succeeds, you will pay a success fee from your compensation. However, this is subject to a legal cap.
A solicitor from our panel could offer you a No Win No Fee agreement, however, you must have a valid claim to be eligible. Get in touch for more information.
Ask About Credit Score Data Breach Claims
We hope this guide exploring when you might be eligible to make a credit score data breach claim has helped. However, we understand you may still have questions. If so, you can get in touch with our team. They can discuss how to claim for a data breach in more detail.
Additionally, they can see if you’re eligible to have a data breach solicitor from our panel work on your case.
To get in touch with us, you can:
- Call 0333 241 2521
- Make a claim online
- Speak to our team using our live chat function that pops up on your screen
Below are some additional resources you may find helpful.
Get in touch to find out more about seeking compensation following a credit score data breach.
Writer Lewis Jo
Editor Meg Mill
