British Airways Data breach claim

[Knightsaysni]

Hi LB.

I was recently part of the BA date breach claim/mass tort.

It was finally settled a couple of months ago.

BA decided on four different categories, according to the severity of the breach on their customers, as they saw it - 1, 2A, 2B, and 2C.

I am with a firm named Lenkner. They emailed me and all other clients, to state that the firm that was in charge of mediation had agreed settlement with BA. This firm is the ‘head’ firm according to Lenkner. Lenkner are beholden to what this firm decides.

I spoke to a solicitor at Lenkner who told me that as I was category 2A I would receive £300. This is £400 minus 25%. He told me it was the same payment schedule with the head firm, and that Lenkner were just following their lead.

It is now common knowledge on flyer/miles forums, etc, that the payment the head firm made to their clients in category 2A was £600, -35%, which is their fee, so final payment is £390.

Unbelievable.

I have confronted Lenkner. This is what they said in response:

“We have received a number queries relating to damages amounts and other firms clients receiving more. We cannot comment on what other firms have given to their clients as each firm received a lump sum to distribute between the different categories, pay legal costs, barristers fees and the after the event insurance premium which was 6 figures. The client committee took advice from a Barrister and gave instructions to distribute the funds at the levels that people received in their emails. I cannot comment on what PGMBM are giving their clients save to say if they are giving their Cat 1’s slightly more, that means the Cat 2a’s and Cat 3’s are getting a lot less. PGMBM, and other firms, take 35% from damages as opposed to KL who take 25%. In the round therefore everyone I believe is getting a similar amount.”

So, my question is…the head firm apparently had a group of their clients attend the mediation to ascertain whether they would agree to the settlement or not.

I was quite definitely told that the settlement amount agreed to was to be distributed as one amount for category 1, another smaller for category 2A, smaller for 2B, and nothing for 2C.

I was quite definitely not told that one firm i.e. mine is paying 50% less to their clients in the same damn category.

Obvs there are confidentiality clauses in place around the settlements, but I am furious.

How can I pursue this complaint? It is scandalous and I want to hold these people fully responsible.

They have purposely misled the public and their clients. It is is shocking.

[echat11]

HI KNIGHTSAYSNI

The first thing you need to do is gather evidence, as you have above, I think in this instance confidential agreements are nonsense, because everyone in each category should get the same settlement figure. There shouldn't be 'variable legal costs'. The whole point of joining a 'class action' is that you don't carry out the legal action yourself and legal costs are kept minimal due to the number of claimants. Form a group of PGMBM clients who were represented by them. You need to follow PGMBM complaints procedure, if your still not happy make a complaint to the Legal Ombudsman Service. But also complain to the SRA and Law Society as this clearly effects quite a lot of the PGMBM claimants.

[Knightsaysni]

Thank you echat11 it beggars belief that this is going on doesn't it? Don't know how they expect to get away with it. Interestingly, the man who runs Lenkner firm used to work for the firm I was passed to Lenkner from, like so many other clients woh initially signed up - Hayes & Connor. Nothing dodgy here whatsoever righjt?