Oct 27, 2018, 12:42 am
Last edit by: T8191
This thread relates to SPG Law's proposed Group Proceedings against British Airways, in respect of the Data Protection Act 2018 (which incorporates the GDPR).
There is a separate thread that relates to the actual data breaches and their implications for customers, which is to be found here: BA Investigating Theft of Personal and Financial Data
The one law firm that currently seems to be persuing a Class Action against BA is SPG. They have a specific site set up at https://www.badatabreach.com/ - please make sure you check all the FAQs and terms and conditions and make sure the Class Action is right for you before you sign up.
* SPG is now PGMBM.
* Payments are being made through Shieldpay, who are seeming to be both lethargic and/or inept.
There is a separate thread that relates to the actual data breaches and their implications for customers, which is to be found here: BA Investigating Theft of Personal and Financial Data
The one law firm that currently seems to be persuing a Class Action against BA is SPG. They have a specific site set up at https://www.badatabreach.com/ - please make sure you check all the FAQs and terms and conditions and make sure the Class Action is right for you before you sign up.
* SPG is now PGMBM.
* Payments are being made through Shieldpay, who are seeming to be both lethargic and/or inept.
BA data theft: should I join the class action suit?
Mar 5, 2019, 2:32 am
#121
Join Date: Jan 2012
Programs: BA Blue, IHG Spire, Marriott Gold
Posts: 396
Im just going to say this, which i know will be very unpopular, that the fact this is still chundering on well after the event, full of very anally retentive comments fearing the worse, and demanding retribution through a class action doesn't throw the best light on people. Particularly when coupled with the sentiment of 'BA is Cheap, cutting costs, and I want to punish them'.
Im non the wiser about genuine loss - and im not talking about people that cancelled their only credit card with no good reason while in Timbuktu, and had to sell their grandmother to get home, (In First via Dubai as that was the only ticket available and they had to get home to pick up their new credit card).
Im non the wiser about genuine loss - and im not talking about people that cancelled their only credit card with no good reason while in Timbuktu, and had to sell their grandmother to get home, (In First via Dubai as that was the only ticket available and they had to get home to pick up their new credit card).
I didn't suffer a direct financial loss so I can understand why people might think i'm trying to chance my arm. However on the day of the fraud, I had to spend a couple of hours of a good friend's 40th birthday party stuck in a bedroom trying to sort it out. I was then without a BA Amex card for my holiday and ended up using a credit card and missing out on probably 1500 Avios on credit card spend as well as spend towards my Ł10,000 spending target which is sometimes a struggle to hit. . I asked BA if they could reimburse me the 1500 Avios which I'd have been happy with and gone away. They said only direct financial loss would be covered and they couldn't either compensate me or give me any avios (not that I was looking for additional compensation, just the 1500 I would have earned initially).
I appreciate for a lot of people on this forum that probably have multi million pound balances, 1500 avios is nothing. And it isn't that much to me, it's just also not much for BA and if they'd given me it then I'd have moved on. So, still leaning towards doing the survey, I'll think on it though for a day or so...
Mar 6, 2019, 12:37 pm
#123
Join Date: Nov 2014
Posts: 508
Thank you, that's very helpful. The extract states that BA were 'not aware of any confirmed cases of fraud'. I'm not sure whether this is the same source referred to by @lhrpete but it's quite different to 'I see BA are claiming that no one was impacted by the breach.'
i was impacted and had several hundred Ł’s fraudulently used on my card.
i believe BA’s default response/position on this is that until someone is prosecuted and admits to buying the card details on the dark web, they will claim the data theft could have happened elsewhere and is a mere coincidence.
Mar 6, 2019, 2:54 pm
#124
Join Date: Mar 2010
Posts: 1,748
I've just now received a link to their survey. I've not yet taken a look at it, as at the bottom of the email it says:
We wish to also put you on notice that we have re-drafted the initial engagement documents and no win no fee agreement. We will be sending out new documents and will invite you to agree to the new terms. The documents have been drafted to maximise the compensation that you will receive as those you re-sign under the new terms will not be required to pay us 35% of any compensation awarded and will instead retain 100%. A further email regarding this will be sent in due course.
I'm assuming they're not doing this out of the goodness of their hearts, so I'm slightly concerned about how their fees are going to be paid - I don't think I want to do anything further until I know this in case they suddenly start demanding money up front. Has anyone else received this yet?
We wish to also put you on notice that we have re-drafted the initial engagement documents and no win no fee agreement. We will be sending out new documents and will invite you to agree to the new terms. The documents have been drafted to maximise the compensation that you will receive as those you re-sign under the new terms will not be required to pay us 35% of any compensation awarded and will instead retain 100%. A further email regarding this will be sent in due course.
I'm assuming they're not doing this out of the goodness of their hearts, so I'm slightly concerned about how their fees are going to be paid - I don't think I want to do anything further until I know this in case they suddenly start demanding money up front. Has anyone else received this yet?
I moved over to HC who have so far at least been communicative.
Mar 6, 2019, 4:05 pm
#125
Join Date: Jul 2013
Location: West Sussex
Programs: BA Gold
Posts: 897
I cancelled SPG within the cooling off period as I found them to be worse than useless in answering pertinent questions that I had about the small print. Firstly they totally ignored my emails, then they finally rang me to apologise after I emailed their big chief in the USA and promised I'd have a callback within 24 hours to explain everything. That call never came. I then cancelled and then had conflicting emails about that as well. They are disorganised and amateurish and I wouldn't trust them with a legal issue.
I moved over to HC who have so far at least been communicative.
I moved over to HC who have so far at least been communicative.
Also the typos in the legal document were a red flag for me.
Mar 14, 2019, 2:16 pm
#126
Join Date: Oct 2015
Location: LON
Programs: BA Gold; LH FTL; IHG Diamond; Marriott Gold; ALL Gold
Posts: 1,758
Has anyone received any indication that the "survey" email from 28th February is genuine? (e.g. a separate communication about it that's definitely from SPG Law?)
I'm only just catching up on emails, but mine was sent by "[email protected]", and some of the phrasing raises some red flags:
Looks like a phishing attempt to me...
I'm only just catching up on emails, but mine was sent by "[email protected]", and some of the phrasing raises some red flags:
The survey also requires you to provide your full current postal address and we appreciate that you may have provided this previously. We are asking for your address again as a large proportion of the prospective Claimants in this action have yet to provide the same. These details are required so that we may authenticate your claim and include your details in a future formal claim form which is a requirement under the law.
Mar 25, 2019, 5:06 am
#128
Join Date: Nov 2014
Posts: 508
Data point.
after the initial email in February from balitigtion@spglawI replied saying I wanted further information as to how they were e pectinh to be paid if they were going to allow us clients to 100% of the compensation. I had no reply - nor did I complete the survey. I then had a further email from them yesterday saying I had not completed the survey and could I do so.
I once again replied asking for information and had the following ....
Thank you for your email.
Our legal costs and disbursements will be recoverable from British Airways
If you have any other queries, please do not hesitate to get back in contact.
Kind regards, Kajal Patel
Paralegalt: +44 (0) 345 257 6377
f: +44 (0) 207 000 1269
e: [email protected]
Anyone else got something similar?
after the initial email in February from balitigtion@spglawI replied saying I wanted further information as to how they were e pectinh to be paid if they were going to allow us clients to 100% of the compensation. I had no reply - nor did I complete the survey. I then had a further email from them yesterday saying I had not completed the survey and could I do so.
I once again replied asking for information and had the following ....
Thank you for your email.
Our legal costs and disbursements will be recoverable from British Airways
If you have any other queries, please do not hesitate to get back in contact.
Kind regards, Kajal Patel
Paralegalt: +44 (0) 345 257 6377
f: +44 (0) 207 000 1269
e: [email protected]
Anyone else got something similar?
Mar 25, 2019, 5:30 am
#129
Join Date: Oct 2012
Location: London
Programs: BA Gold
Posts: 1,345
Data point.
after the initial email in February from balitigtion@spglawI replied saying I wanted further information as to how they were e pectinh to be paid if they were going to allow us clients to 100% of the compensation. I had no reply - nor did I complete the survey. I then had a further email from them yesterday saying I had not completed the survey and could I do so.
I once again replied asking for information and had the following ....
Thank you for your email.
Our legal costs and disbursements will be recoverable from British Airways
If you have any other queries, please do not hesitate to get back in contact.
Kind regards, Kajal Patel
Paralegalt: +44 (0) 345 257 6377
f: +44 (0) 207 000 1269
e: [email protected]
Anyone else got something similar?
after the initial email in February from balitigtion@spglawI replied saying I wanted further information as to how they were e pectinh to be paid if they were going to allow us clients to 100% of the compensation. I had no reply - nor did I complete the survey. I then had a further email from them yesterday saying I had not completed the survey and could I do so.
I once again replied asking for information and had the following ....
Thank you for your email.
Our legal costs and disbursements will be recoverable from British Airways
If you have any other queries, please do not hesitate to get back in contact.
Kind regards, Kajal Patel
Paralegalt: +44 (0) 345 257 6377
f: +44 (0) 207 000 1269
e: [email protected]
Anyone else got something similar?
I'd like to know what happens if they don't win the case and can't recover costs from BA.
Mar 25, 2019, 5:37 am
#130
Join Date: Nov 2014
Posts: 508
I had the same email chasing me to complete the survey so I emailed them for a third time asking to see their new terms of engagement, saying I wasn't prepared to complete the survey until I had these. I've still had no response.
I'd like to know what happens if they don't win the case and can't recover costs from BA.
I'd like to know what happens if they don't win the case and can't recover costs from BA.
Mar 25, 2019, 7:49 am
#131
Join Date: Nov 2014
Posts: 508
...have just had the response...
In the new terms, you will not be required to pay us 35% of any compensation awarded and you will instead retain 100%. This is also a no win no fee agreement which means if we are unsuccessful – we are covered by insurance. Therefore, you will not be liable to pay our fees.
If you have any other queries, please do not hesitate to get back in contact.
Kind regards,
Kajal Patel
In the new terms, you will not be required to pay us 35% of any compensation awarded and you will instead retain 100%. This is also a no win no fee agreement which means if we are unsuccessful – we are covered by insurance. Therefore, you will not be liable to pay our fees.
If you have any other queries, please do not hesitate to get back in contact.
Kind regards,
Kajal Patel
Mar 25, 2019, 8:14 am
#132
Join Date: May 2006
Location: 5 miles from EMA
Programs: BD, BAEC Pleb, VS Pleb, Accor Pleb, HHonors Gold, Big White Season Pass
Posts: 5,902
...have just had the response...
In the new terms, you will not be required to pay us 35% of any compensation awarded and you will instead retain 100%. This is also a no win no fee agreement which means if we are unsuccessful – we are covered by insurance. Therefore, you will not be liable to pay our fees.
If you have any other queries, please do not hesitate to get back in contact.
Kind regards,
Kajal Patel
In the new terms, you will not be required to pay us 35% of any compensation awarded and you will instead retain 100%. This is also a no win no fee agreement which means if we are unsuccessful – we are covered by insurance. Therefore, you will not be liable to pay our fees.
If you have any other queries, please do not hesitate to get back in contact.
Kind regards,
Kajal Patel
Mar 27, 2019, 5:25 am
#134
Join Date: Oct 2012
Location: London
Programs: BA Gold
Posts: 1,345
That all sounds ok, although this is the response I have finally received after asking to see the new terms of engagement:
We are currently waiting for the new documents to be approved by our Counsel team and then they will be sent out to you for your review. Apologies for the delay.
We are currently waiting for the new documents to be approved by our Counsel team and then they will be sent out to you for your review. Apologies for the delay.
Mar 29, 2019, 5:29 pm
#135
Join Date: Mar 2009
Location: UK
Programs: BA Gold / Hilton Diamond / IHG Diamond Ambassador / Marriot Bonvoy Gold
Posts: 2,527
This arrived today - I have not checked out the attachments / links
+++++++++++
We wrote to you several weeks ago to let you know the good news that you will be able to keep 100% of your compensation should the action be successful. To put this into context, for nearly every consumer claim that you can make the lawyer involved will take a portion of your compensation, usually 25-35% or even higher. In an action for data breach such as this the deduction is not necessary as the law states that it is payable by British Airways. However, you must act quickly as the law changes on 6 April 2019 meaning that we are unable to recover the deduction from BA and we will make deductions after this date.
We have therefore altered our terms and conditions and ask that you agree to the same without delay. We enclose a link to the relevant documents for your review but the headlines are:
In group actions such as this it is necessary for the smooth management of the large group of Claimants for every member of that group to agree to certain rules and procedures as to how the litigation should function. For ease, a single document called a litigation management agreement is drafted and forwarded to all Claimants in the group for review. It provides for amongst other things the appointment of a Claimant committee.
The committee consists of a small group of those claiming against British Airways who will effectively be the voice of the whole Claimant group. The committee make decisions and provide instruction on behalf of everyone. This is necessary as the task of seeking instructions and maintaining a coherent strategy individually for thousands of people is impossible to manage.
Please find below a link that will lead you to the new terms and the LMA. Please read the documents carefully.
https://web.tresorit.com/l#EXqgkxsqsk81sXD_GbE8PA
Next steps – ACT NOW!
Please click the link below to indicate that you agree to the change in terms and the LMA.
https://www.smartsurvey.co.uk/s/SHJEZ/?m=36747197o3ntj
Please note that if you do not agree to the new terms and the LMA we can no longer act for you and you may lose your chance to hold BA to account for the loss of your personal data and the distress that they have caused. As a reminder, it was recently reported that the data stolen in the BA hack has been purchased by cyber fraudsters. Don’t let BA get away with this!!
Yours sincerely
SPG Law
+++++++++++
We wrote to you several weeks ago to let you know the good news that you will be able to keep 100% of your compensation should the action be successful. To put this into context, for nearly every consumer claim that you can make the lawyer involved will take a portion of your compensation, usually 25-35% or even higher. In an action for data breach such as this the deduction is not necessary as the law states that it is payable by British Airways. However, you must act quickly as the law changes on 6 April 2019 meaning that we are unable to recover the deduction from BA and we will make deductions after this date.
We have therefore altered our terms and conditions and ask that you agree to the same without delay. We enclose a link to the relevant documents for your review but the headlines are:
- You will keep 100% of your compensation (should the action be successful)
- The after the even insurance premium is payable by British Airways (should the action be successful, if not the premium is waived);
- If the action is unsuccessful you are indemnified against British Airways legal costs by the operation of the after the event insurance policy;
- Either way, win or lose, you will not pay a penny.
In group actions such as this it is necessary for the smooth management of the large group of Claimants for every member of that group to agree to certain rules and procedures as to how the litigation should function. For ease, a single document called a litigation management agreement is drafted and forwarded to all Claimants in the group for review. It provides for amongst other things the appointment of a Claimant committee.
The committee consists of a small group of those claiming against British Airways who will effectively be the voice of the whole Claimant group. The committee make decisions and provide instruction on behalf of everyone. This is necessary as the task of seeking instructions and maintaining a coherent strategy individually for thousands of people is impossible to manage.
Please find below a link that will lead you to the new terms and the LMA. Please read the documents carefully.
https://web.tresorit.com/l#EXqgkxsqsk81sXD_GbE8PA
Next steps – ACT NOW!
Please click the link below to indicate that you agree to the change in terms and the LMA.
https://www.smartsurvey.co.uk/s/SHJEZ/?m=36747197o3ntj
Please note that if you do not agree to the new terms and the LMA we can no longer act for you and you may lose your chance to hold BA to account for the loss of your personal data and the distress that they have caused. As a reminder, it was recently reported that the data stolen in the BA hack has been purchased by cyber fraudsters. Don’t let BA get away with this!!
Yours sincerely
SPG Law