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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9669
Experience:  I have been practising for 30 years.
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I am a member of Bupa, I have a MEDICAL insurance policy and

Resolved Question:

Hi,I am a member of Bupa, I have a MEDICAL insurance policy and I live in Egypt.
I received the velow email from Bupa, can I sue them? If I win how much can I charge them? is it a way to have a legal adviser work on that case based on a percentage ? I emailed them that I will sue them and I received a mail from their side that they can offer me free years membershipPlease advice.
Thanks.
Nanis
Dear Mrs Nanis Elgamal,
I am writing to let you know that some of your policy information has been inappropriately copied and removed from one of our systems by an employee who has subsequently been dismissed.We know that this will be concerning and I would like to personally apologise.First, let me assure you that this does not include any financial or medical information. It does include name, date of birth, nationality, and some administrative information for your policy and policy beneficiaries, including membership numbers. It does not include your address or telephone number, but does include your email address.Protecting the information we hold about you is our absolute priority, and I am sorry that this has happened. We are treating this seriously and taking steps to address this situation. This was not a cyber attack or external data security breach, but a deliberate act by the employee. We have introduced additional internal security measures and increased our customer identity checks. A thorough investigation is underway and we are taking appropriate legal action.We are contacting you to advise you to be vigilant and take care as we believe the employee has made the information available to other parties. In cases such as this, fraudsters can seek to trick people by impersonating Bupa. You should always take particular care to double check the sender of any communication that asks for financial or other personal details, and some additional advice is included below.If you have any concerns please don’t hesitate to contact us. You can contact us at***@******.*** or call our dedicated helpline +44 (0)203(###) ###-#### and more information is available on www.bupa.com/bupaglobalcustomerupdateSheldon KentonManaging Director, Bupa Global (formerly Bupa International)Additional advice
Be suspicious of anyone who asks for your bank account or credit card details.
Double-check email addresses. This means looking beyond the sender name, by checking the address of the email account.
Do not download software or let anyone log on to your computer or device remotely as a result of an unsolicited call, even if they claim to be calling from Bupa or another company you know.
Before disclosing personal information online, make sure you know who you are dealing with.
If in doubt, don’t open emails or attachments.
Stay in control — have the confidence to refuse an unusual request for information.
Don’t be rushed — a genuine organisation won’t mind waiting to give you time to stop and think.
Submitted: 28 days ago.
Category: Law
Expert:  F E Smith replied 28 days ago.

Hello - what type of compensation are you talking about please?

Customer: replied 28 days ago.
Financial compensation amount of money
here is their response
Dear Mrs. ElgamalThank you for your e-mail.
This situation affects around 108,000 insurance policy holders covering 547,000 people.We are working with the authorities and technical experts to take every practical step we can, but the employee took the information and has made it available to other people. We have taken steps available to us, but are limited in our ability to stop this and advise you to be vigilant of organisations contacting you for financial or personal information.
We genuinely hope that this incident will not lead to harm for any of our customers – and all the steps we have taken since finding out about the issue have been focused on that outcome. In that regard, there is no financial or medical information in the information that has been taken and, based on the information available, there is no reason to believe that transactions could have been made that should impact you.We are offering our affected customers a years membership to Experian, or a similar local equivalent of your choice, to help monitor their credit/data. Please let me know if this is a service you wish to make use of so I can arrange for a registration code to be sent.
If you do wish to make use of this service and have a code sent to you, please, for identification purposes and to comply with Data Protection laws, we need to ask for some additional information when you reply to this e-mail.
Please provide;Your Bupa Global Membership Number
Your Date of Birth
Your full address
Please confirm how long you have been a Bupa customer.
Please confirm if you have any of your family members on your policy.
Thank you for your patience and co-operation in providing this information.Should you have any further concerns please don't hesitate to contact us. You can contact us at***@******.*** or call our dedicated helpline +44 (0)203(###) ###-#### and more information is available on www.bupa.com/bupaglobalcustomerupdate.Kind Regards,
Customer: replied 28 days ago.
hi
Are you here ?
Customer: replied 28 days ago.
hello
Customer: replied 28 days ago.
do you think that they will pay of money for that mistake ?
Expert:  F E Smith replied 28 days ago.

Thank you. It isn’t a chat service, it’s an email board exchange and we have clients and other users and typing text time and hence, there may be a delay getting back to you.

Thank you for explaining the circumstances.

For there to be a claim there needs to be:

1. a duty of care (there is)

2. the duty of care needs to be breached

3. as a result of the breach you need to have suffered loss.

Obviously, the organisation has a duty of care to keep their policyholders details safe. It appears that this was a deliberate attempt by someone to take lots of people’s details although we don’t know at this stage whether whatever checks and balances the organisation put in place were sufficient. If it was one of the members of staff who actually had access to this information on a day-to-day basis, then apart from ensuring, (during an interview and selection process and on an ongoing basis) that the culprit was not prone to this kind of thing, there is probably very little else they could have done and hence there is no breach of the duty of care. The person that took the data may simply have woken up one day and decided to take it. That doesn’t mean that the organisation has breached the duty of care.

If they had breached the duty of care, you have to have suffered loss from what you have said, you haven’t actually suffered any loss. The idea of any compensation is to put you back in the position that you would have been had any breach not occurred or compensate you for the breach.

I think it unlikely in these circumstances that any claim against them is going to be worth very much at all. I cannot see that you would get a solicitor to take it no win no fee.

By all means make a complaint about the actions and if that’s not forthcoming with some money, then make a further complaint to the Financial Ombudsman Service. If it is going to be worth any money, it’s going to be worth hundreds of pounds at best, ***** ***** of pounds.

I’m sorry, I wish I could give you a more positive reply but that’s my opinion. Sorry.

.Can I clarify anything for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 28 days ago.
Thank you.So what do you suggest to ask them ? money ? money refund for the last year ? free membership all my life ? specially that the contract assured the protection
attached part of the contract
Expert:  F E Smith replied 28 days ago.

The problem for you is that if you bring court proceedings, you’re going to have to bring them in England and that may not be particularly convenient for you.

It’s not one that I would be rushing to court over quite simply because you haven’t suffered loss.

I think it most unlikely be going to offer you membership for life.

By all means write and ask them for the proposal but if they simply write back and apologise once again and say that you’re not getting any money, then your only recourse would be through the Financial Ombudsman Service complaint process and I don’t think even then it’s going to come up with a large chunk of money, if anything at all.

It would be different if someone had stolen and used your identity and you had suffered some loss as a result but you don’t say that you have so I assume you haven’t.

I’m sorry, I wish I could give you a more favourable answer but the last thing I would be doing would be to encourage you to rush off to call and have any expense which that would incur, particularly if I did not think that you had a good chance of success. Sorry.

F E Smith and other Law Specialists are ready to help you
Customer: replied 28 days ago.
Thanks a lot :)