Holmes Financial Solutions Ltd Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Holmes Financial Solutions Ltd Data Breach
Holmes Financial Solutions Breached My Data Privacy, Could I Make A Claim?
If you have been affected by a potential Holmes Financial Solutions data breach, then you might be questioning ‘what could I do next?’ Or, you might be asking what a data breach is and wondering what impact it could have.
Throughout this guide, we will look at data breaches, outline what they are, what impact they can have and what steps you can take if you are affected mentally or financially. In doing so, we are going to cover a lot of essential information.
We’ll provide you with the information you need to understand the claims process. In doing so, you should have a better comprehension of the claims process. We’ll also explain how a solicitor could handle your case and what benefits they can offer.
This guide will cover a lot of information regarding compensation claims and data breach cases. Therefore, if you have questions relating to this guide or if you have evidence of a valid claim, please do not hesitate to contact our advisers.
Here at Legal Expert, our claims team are incredibly well versed in the law, which means they can offer you free legal advice with no obligation. To speak with our advisers, please call us on 0800 073 8804.
Select A Section
- A Guide To Data Breach Claims Against Holmes Financial Solutions Ltd
- What Is A Data Breach Claim Against Holmes Financial Solutions Ltd?
- Telephone Marketing And Being GDPR Compliant
- Action Taken Against Holmes Financial Solutions Ltd By The ICO
- Could I Report A Breach To The Information Commissioner’s Office?
- Damages And Compensation That Could Be Awarded
- How Much Data Breach Compensation Could You Recieve?
- Learn How Solicitors Could Help If You Have Been Impacted By A Data Breach
- Finding The Right Data Claim Expert For Your Case
- No Win No Fee Data Protection Breach Claims Against Holmes Financial Solutions Ltd
- Start A Claim If Affected By A Data Breach
- Resources To Answer FAQs
In today’s extremely tech-forward world, our data is used all of the time — even when we aren’t aware. For instance, when we purchase new furniture for our homes, subscribe to a new streaming service, or even when we visit a new website, our information is often used.
To ensure our data is kept safe and stored correctly, there are policies and data protection laws that have been set in place. However, despite implementing these policies, there are some unfortunate circumstances where a data breach can occur. Data breaches have the potential to cause severe damage.
For this guide to be as useful as possible, it is going to answer some critical questions that relate to personal data breaches, such as:
- How are data breaches caused?
- What effects can a data breach have?
- If I have endured financial loss due to a data breach, what can I do?
- Are their solicitor funding options for compensation claims?
- Could a solicitor handle my Holmes Financial Solutions data breach case?
These are just some of the questions we will tackle throughout this guide. However, it is worth noting that the claims process can be complex, making it challenging to include everything in a singular guide. Therefore, if we do not cover an aspect related to your case, please do not be concerned.
If we don’t touch upon something related to your case, all you have to do is speak to our advisers. Our claims team are experts, which means they can give free legal advice and answer any questions you may have. So if you would like to speak with an adviser, all you have to do is call the number at the top of the page.
Time Limitation Period
Your case should meet certain criteria. For instance, if you have suffered due to a data breach, you should begin your claim within a particular timeframe.
For instance, you generally have 6 years to claim from the date you gained knowledge of the personal data breach. However, please note that there are exceptions to this time limit. For example, if a data breach happens to compromise your human rights, you would have 1 year to start your case.
Should you fail to begin your claim within the specified timeframe, then your case’s eligibility could be affected. Therefore, if you happen to have any concerns regarding your case’s eligibility, please reach out and contact our advisers.
In simple terminology, a data breach happens if your personal information is accessed, disclosed, lost, destroyed or changed without your permission or unlawfully. It can be accidental or deliberate.
A data breach can have a severe impact on your life, as it could cause financial implications and cause psychological harm.
You may not expect, nor prepare to be the victim of a data breach. Therefore, it is more than acceptable to be unsure as to whether you can take legal action and receive compensation for the damages you’ve encountered. It is for that reason we have created this guide, as we want you to be fully informed of your rights in the event you were to suffer from a data breach.
Data breaches can compromise various types of personal information, such as:
- Mobile numbers
- Home addresses
- Email addresses
- Bank details
Not only are organisations that process personal information required by law to keep their customers’ information safe, but they must also ensure their employees’ information is protected. For instance, Holmes Financial Solutions ltd must keep their employees’ personal information such as their bank information, home address, and even their CV secure — even once they exit the company and move on.
Therefore, if a data breach were to occur, both customers and employee information could be compromised. In return, this means both clients and staff members could claim if they are affected mentally or financially by the breach.
Within the sections that follow, we are going to look at data breach compensation claims. In doing so, we will discuss more specifically the laws and regulations that have been implemented. We’ll also discuss what impact a breach could have and what steps you can take if you are affected.
As we have previously touched upon, various laws and regulations have been set in place to promote data protection. A prime example of this is the General Data Protection Regulation (GDPR). The GDPR was enacted into UK law via the Data Protection Act 2018, and one of its objectives is to hold organisations accountable when it comes to data protection.
Below, we have listed several roles and responsibilities that the GDPR bestows onto organisations:
- Data processor — responsible for processing your data on behalf of another organisation/business.
- The data subject — the individual whose personal information is being used/stored/processed.
- A data controller — the company that is required to outline why and how your data is being used.
In addition to the roles listed above, the GDPR also outlines some clear objectives that must be adhered to by data controllers and processors. These include the following:
- When processing a data subject’s personal information, the data controller should inform them of how and why they need to use the data. (However, there are lawful exceptions to acquiring consent before processing personal information.)
- During the processing of personal data, all measures must be done in accordance with data protection law — meaning that it is processed in a way that is both ethical and lawful.
- The information being processed/stored must be up to date.
Should a company fail to adhere to the responsibilities listed above, then the likelihood of data becoming compromised may be significant. Therefore, if a breach were to transpire and cause innocent individuals to suffer mentally or financially, legal action could be a viable step.
Within this section of the guide, we have chosen to include a case study that explores action taken against Holmes Financial Solutions Ltd. The study has been included strictly for example purposes.
Between the years 2015 to 2016, Holmes Financial Solution Ltd was in violation of data protection law which ultimately resulted in a £300,000 fine. The Information Commissioner’s Office (ICO) issued the fine against the company after becoming aware of 8.7 million nuisance calls. (The ICO is the UK’s independent body that enforces data protection law.)
The company made automated marketing calls concerning PPI claims. However, Holmes Financial Solution Ltd did not have consent from the recipients for direct marketing, which goes against the law.
The company also broke the law by failing to outline the company making the calls adequately. Therefore, people could not return the call to opt-out and stop receiving future phone calls, which ultimately resulted in the ICO receiving 62 complaints.
How A Company Might Be In Breach Of Data Protection Regulations
When we think of data breaches, we often consider cybercrime or technical errors to be the issue — viruses or technical glitches. However, when we look more closely at data breaches, they could occur for a range of reasons. For example:
- An employee could send a letter or an email containing personal information to the wrong individual who isn’t authorised to see it.
- Personal information could be accessed by an unauthorised party if a computer that contains it is left unlocked and unattended in an unsecured room.
- A hacker could access a system and demand a ransom for the information they have acquired.
Data breach cases can have a serious impact on the individuals involved. that’s why they could be fined by the ICO if they are found to be in violation of data protection law. In the sections that follow, we are going to look at ICO fines in greater detail.
If a Holmes Financial Solutions data breach has caused you to suffer mentally or financially, then you will be required to provide evidence to make a compensation claim. For example, one form of evidence you could supply to support a data breach compensation claim is documentation of a formal complaint.
By making a complaint to a data controller regarding a personal data breach, they may investigate the matter.
You could also escalate the complaint with the ICO if the data controller gives an unsatisfactory response. However, please note that you must contact the ICO within 3 months of the data controller’s final response. If you wait any longer, it may affect the ICO’s decisions. regarding the complaint.
If a personal data breach risks the rights and freedoms of data subjects, the data controller has 72 hours to inform the ICO. They should also let the data subjects know without undue delay.
It is also important to acknowledge that ICO complaints cannot directly help you gain compensation. The intention behind an ICO complaint is to hold the company accountable for their actions and for breaching data law. The only way you can receive compensation is by making a data breach compensation claim.
As always, our advisers would be more than willing and happy to speak with you if you happen to have any queries regarding ICO complaints.
A data breach can have a severe impact on you and your life. For instance, if a data breach were to occur, it could cause financial loss and psychological harm. Therefore, if you pursue a compensation claim, it is essential to acknowledge that the award may be broken into two categories:
- Material damages — material damages are often awarded to those that can prove they have endured a financial loss.
- Non-material damages — non-material damages are often awarded to those who prove they’ve been affected by psychological harm.
In order for your damages to be taken into account, you must be able to provide evidence to support your claim. For instance, if you have endured material damage, then you would be required to provide documentation such as bank statements or receipts.
In contrast, if you have endured non-material damages, then you would be required to provide medical evidence. Evidence of this nature can be attained by attending a medical evaluation. The purpose of the medical assessment is twofold. Firstly, it can allow you to prove that your injuries were caused or exacerbated by the data breach. Secondly, it can demonstrate the severity of your condition.
Here at Legal Expert, we can help organise an assessment with an independent medical professional. As part of the assessment, you would be asked various questions concerning your injury.
Once the assessment has finished, a report would be produced that would outline the type of injury you’ve endured and whether there are future implications. The information within the report can then be used to support and value your claim.
Naturally, if you have suffered due to a data breach, you may consider taking legal action. You may also question how much you could be awarded should you take legal action. It is essential to acknowledge that every compensation claim considers the unique factors associated with the case, such as the injury type, injury severity and long-term implications.
As we previously stated, every claim is unique and takes into account the complexity of the case. To demonstrate how different conditions might be valued, we have created the below compensation table. It contains recommended compensation amounts from the Judicial College Guidelines (JCG). (Lawyers may use the JCG publication to value injuries.)
|Psychiatric Damage Generally||Less severe||Up to £5,500||The award will be determined by how much daily life and sleep were impacted as well as other factors.|
|Psychiatric Damage Generally||Moderate||£5,500 to £17,900||There will have been marked improvement by trial and the prognosis will be good.|
|Psychiatric Damage Generally||Moderately Severe||£17,900 to £51,460||In these cases, there will be significant problems.|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730||In cases of this nature. the person would have largely recovered with minimal effects.|
|Post-Traumatic Stress Disorder||Severe||£56,180 to £94,470||Severe PTSD would have a life-altering impact, preventing the person from working altogether or functioning at a pre-trauma level.|
Ever since the case of Vidal-Hall and others v Google Inc , psychological harm can be pursued in data breach claims even if you don’t suffer financial losses. Another result of the case was that compensation for psychological injuries can be valued as it is in personal injury law.
In regards to financial loss, you could have grounds to make a claim if you have endured the following:
- The loss of potential or future earnings
- Therapy expenses
- Medicine costs
- Travel expenses
- The cost of theft if cybercriminals accessed your bank account details, for example
There are other losses you could recover too.
In order for financial losses to be factored into your claim, you will be required to provide evidence such as bank statements, receipts, and credit scores. For more information or to receive a compensation estimate in alignment with your case, please contact our advisers.
Having a solicitor by your side when making a claim can be extremely beneficial, as they can provide you with advice and support every step of the way. A solicitor can also use their expertise to ensure you receive an accurate amount of compensation for the damages you’ve endured.
When discussing compensation cases, it is important to acknowledge that solicitors could offer to handle your claim regardless of location. For example, if our solicitors agrees to take on your case, then they could keep in touch with you via:
- Online meetings.
There are other ways you could communicate too. So if you would like to learn more about how a solicitor could offer to handle your case, please keep reading this guide.
If you have any questions, please speak to our advisers by calling the number at the top of this page.
Finding the right solicitor who has the expertise and knowledge to handle your case is critical. After all, having the right solicitor by your side can be the difference between a successful and unsuccessful claim.
When searching for a solicitor, many claimants take to the internet to better their understanding. You may read solicitor reviews, as they offer information that can ultimately aid the decision-making process.
For instance, by reading client reviews, you can see how often they get successful outcomes or whether the solicitors have relevant experience. And you can also see whether the firm would be a great fit for your case.
Feel free to read our solicitors’ reviews. We would also recommend that you reach out and speak to an adviser. While reviews can be incredibly informative, by speaking with an adviser, you have the opportunity to ask questions that are relevant to you and your case.
Now that we are entering the final sections of this guide, you might be wondering how you are going to fund your solicitor? After all, a data breach is often an unexpected turn of events, and finding the finances can be a strenuous experience. This is a concern we hear from many claimants, and it is for that reason why our solicitors are proud to take on cases under No Win No Fee agreements.
If a solicitor offers to handle your claim under a No Win No Fee agreement, then you would have access to the following benefits:
- As the claimant, you wouldn’t have to pay any upfront lawyer fees in order to begin your case.
- You wouldn’t be required to pay any unexpected lawyer fees while the claim is active.
- Should the lawyer fail to attain a settlement, then you would not be required to cover their fees.
Your solicitor would retain a small percentage of your settlement if the claim is successful. In legal terms, this is referred to as a success fee. That’s because it covers your solicitors work for handling the case.
However, the success fee is capped by law. Therefore, you won’t lose out on a significant amount of your settlement.
If you have any questions regarding No Win No Fee agreements, please refer to the next section of the guide and contact our advisers.
After taking the time to read our Holmes Financial Solutions data breach guide, naturally, you may have questions. Luckily, our claims team is available 24 hours a day, 7 days a week.
Our advisers would be more than happy to speak with you concerning your case. If you would like to take advantage of free legal advice and speak to an adviser, please use one of the following methods:
- Telephone: 0800 073 8804.
- Enquire using our online claim form.
- Live Chat: to speak with an adviser using our chat, click the icon in the corner of the page.
- Email: firstname.lastname@example.org
We look forward to hearing from you.
We would like to thank you for reading our guide. We hope you have found the information within the guide of use.
You may be considering researching some of the topics we touched upon in greater detail. Well, look no further. We have taken the time to include various resources to further your understanding of the claims process.
Why not read our guide to learn more about No Win No Fee agreements?
Please read our guide to learn more about what to do after an accident at work.
Please take a look at our guide to learn more about the data breach compensation process.
Browse through the NHS’s mental health services pages.
Find out more about data protection from the Government.
The NHS also has advice about anxiety.
Thank you for reading our guide on what could happen after a Holmes Financial Solutions data breach.
Written by Brennan
Edited by Victorine