How do I sue HM Revenue and Customs for their recent blunder? Can we form a class action?

Question

I am currently upset and fretting about the exposure of my details, and the government is responsible for my state of unease. Like any other entity, they should be sanctioned for this. Outside the polling booth, how can this be achieved? Can we form a class action to sue? Can someone with the time and the technical nouse form an e-petition or website to this end?

Answer 1

A civil action, including class action, is about compensation for some kind of HARM that is the DIRECT result of NEGLIGENT act(s) by defendant. Def here is also a public body, which will make it a question as to whether the negligent act involved OPERATIONS or POLICY. For example, if safeguards were not in place because of a govt policy decision based on lack of adequate funding, no negligence. So you see the hurdle.

Nevertheless, the tort of abuse of public office (see http://www.bccondos.ca/forums/viewtopic.php?p=1058#1058) may be ripe for expansion:

From the plaintiff's perspective, the subjective mental element of the tort presents the most significant challenge. This is particularly true in light of the decision of the BCCA in First National. There is a presumption that the acts of elected officials and civil servants have been performed correctly.

If B.C. courts have not done so expressly, certainly there is tacit recognition that the two-part test articulated in Bourgoin and commented upon in Three Rivers is a valid approach in this jurisdiction. Both parts of the test encompass a sense of dishonesty on the part of the public official. Different terms to connote the concept of dishonesty have from time-to-time been employed by various courts. "Bad faith" and "malice" are other terms that have been used to suggest this aspect of the necessary mental element.

To iterate the two-pronged approach taken by the English courts, it is as follows:

(1) the public official acted with malice or intent to injure; or,

(2) the public official knew both that he had undertaken an act for which he had no authority in law and that his act would cause harm to the plaintiff. (Footnotes omitted)

... The scope of civil liability of regulatory bodies appears to have been greatly expanded by the Court's decision in Finney. In my respectful view, the decision would appear to be in direct conflict with the Court's earlier decisions in Cooper and Edwards. And while it is possible to reconcile the two lines of authority, it is noteworthy that the BC Court of Appeal appears to have concluded that the decision constituted a radical change in the law, such that public bodies, charged with a regulatory responsibility, can be found to owe a private law duty of care to the member of the public. If the regulatory bodies conduct can be construed as "reckless," then it is likely that damages will lie, even if there is a statutory immunity provision which seeks to insulate the agency from claims in negligence.

So recklessness, too, may be a factor.

The test with public authorities is a high one because the theory is, as taxpayers, we've already paid once. Further damages if you succeed mean we'll have to pay a second time to satisfy the judgment.

At this point, I would estimate your chance of success at something less than zero, but if you succeed, I'll be the first to sign.

Do, however, be on the lookout for any evidence of identity theft and track the heck out of it. The sudden interest in govt accountability as a result of this http://bccondos.ca/forums/viewtopic.php?p=1078#1078 may bring it forward.

Good luck with it!

Answer 2

I'm with you on that, I am bloody furious theyve lost such important information, I bet they won even have the decency to offer financial help to anyone who is affected by this and ends up overdrawn with charges etc.

If I was self employed and lost all my tax return forms, they would fine me and send me to prison. i cant believe theyve lost our personal info, bank details etc. Will they have any such measures brought against them? unlikely. Public apology, and brush it all under the carpet, then lame reassurances that 'policies will be put into place' to prevent it happening again.

Lame excuses. I hope the IDIOT who posted the discs off without thinking about them getting lost in the post is fired and publicly named.

What kind of person send stuff by royal mail when its that highly sensititve? Any idiot would have known to send it registered, or courier, or something, it makes me wonder what kind of people they have working in the tax department, are they all as moronic as this?

As for an e-petition, the only site I know of is the government one, and I dont think thats the best place to start somehow!

Answer 3

Contrary to English Rose above - HM Customs & Revenue is a government run dept - despite what they would like you to believe - Sorry Dudette, the BUCK STOPS at Gordon Mugger Brown's door and his moronic sidekicks.

Answer 4

what i dont understand is, its 2 disks that have gone missing.

I have worked as an internal mail man for major companies & the gov.

any scammer that wants these details can easily get them copy them & put them back within 5 mins & not get caught.

so why on this time have 2 disks gone missing ?

probably as they have not been nicked & are actually sat in the wrong persons in box, probably someone who is off sick or even on holiday.

no scammer would take them (copy them yes)

oh also HM Revenue are the same no matter who is in no 10.

Answer 5

Whilst I can understand your wish to bring a claim, at present you have no cause of action.
To have a cause of action you need to be able to demonstrate a financial loss. At present you have no loss. Any fraud on your account is met under the banking code by compensation equal to the fraud sum.
You can't claim for distress, annoyance and fretting, I'm afraid.

Sorry to rain on your parade, but you need to know where you stand.

Answer 6

If it's possible I will join you. This is beyond incompetence, it's downright negligent and they deserve to be brought to book. They've left 25 million people open to identity fraud, and the potential to have their lives turned upside down. If someone uses your details how do you prove it wasn't you. The government has now proved itself to be incapable of protecting the details of the citizens of this country, should we now also launch a country wide campaign against the introduction of Identity cards?

Answer 7

That would be great!! A 25,000,000 person class action. That way maybe the compensation would make up, in some small way, for the Mafia Government that has been ripping us all off for the last ten years.

Answer 8

I'd say the government have broken the 7th principle of the Data protectioin act:-
"Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data."
Surely the database should've been encrypted and sent by recorded post...they say it was sent by courier but I don't know of any "courier" that doesn't recorded what they deliver.

Answer 9

You're right, they should be held accountable.

Unfortunately they probably won't entertain any kind of action against themselves.

The only people to win in any action are the lawyers.

And the legal costs will be met by increased taxes... to us, the taxpayers.

It's a lose-lose situation.

Answer 10

Whatever you do, you have to pay your taxes. If you fail to do so, they can force bankruptcy on you; but not only that, they are the only body who can continue to pursue you after bankruptcy, should your wealth improve.

Get yourself a good chartered tax advisor (ask a medium to large accountancy firm). HMRC will take more notice of them than they do of you.