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** WON *** BugandFudge v BritishPassportServices ** WON ***

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  • ** WON *** BugandFudge v BritishPassportServices ** WON ***

    Docs to follow


    we have to respond to court papers by 23rd march with our defence (a very similar defence to others we have noticed). Crucially, we are about to apply for a mortgage therefore it has been a conundrum for us as to whether we should continue to proceed with fighting this - but morally we feel it is the right thing to do - i can't believe that richard howard has not been arrested yet. I noticed the recent sunday article....surely the authorities are getting close?????


    ...our story:


    We began receiving regular demands in early december via text, post and phone call from uk passport offices for the sum of £117 - for services that were quickly clicked out of when i realised that they were a misleading website back in may 2014.


    We went on a family holiday to greece in may 2014 and had applied for our daughters first passport 7 weeks previously using the post office check and send service, yet about a week before the holiday it still hadn't arrived. In desperation i searched online for an emergency appointment to try and be able to fast track our application. I found this website at the top of the search and they looked official. I clicked a button which said 'get an emergency appointment' and filled out a few details such as email address, address and contact number and the dates of our holiday.


    I soon realised that they were not affiliated with the passport office and therefore probably did not have the ability to fast track our existing application. I tried to cancel on the site but an early tick box asking if i wanted to make an emergency appointment now holding me within their 'contract' to pay. I did not share any payment info and closed the website.


    Upon contacting the real passport service and calling various departments we were able to track and thankfully received our daughters passport just in time. However, the appointment we were told was made by uk passport offices was made for the day of our flight (i.e.totally unfit for purpose anyway). The 2 dates that i entered into their website that i said i would be available for an urgent appointment was (first choice) 13th may or (second choice) 14th may - but the date they proposed was 21st may, the day of our flight - therefore completely useless - and i'm assuming, intentionally given.


    I am aware that the asa recently ruled the site as misleading in september 2014 and that the current website looks to have been updated to reflect some of the advice that they were given. Having researched it i am aware that there are many others in a similar situation against this company and that in many cases no actual appointment was ever made. I found out that hm passport office do not hold record of 'booked' appointments after 6 months so it seems that they have stalled contacting me to chase this payment until there is no ability to prove that an actual appointment had been missed.


    I am totally against paying them the escalated fee of £202 when they have done nothing for it other than trick us into clicking a box at an early stage.


    Can you offer any advice that would help our defence claim - or can we discuss this with you?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps
    Tags: None

  • #2
    Re: BugandFudge v BritishPassportServices - defence by 23rd March - ACKNOWLEDGED

    Attached Files
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: BugandFudge v BritishPassportServices - defence by 23rd March - ACKNOWLEDGED

      Need to get on with the defence as it needs to go in on Monday latest xxx so just a bump [MENTION=63004]BugandFudge[/MENTION]
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: BugandFudge v BritishPassportServices - defence by 23rd March - ACKNOWLEDGED

        emailed ref defence.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: BugandFudge v BritishPassportServices - defence by 23rd March - ACKNOWLEDGED

          We sent our defence in last week - our main points were:

          - Misleading website - and our visit to the site predated the ASA ruling that the site is misleading
          - Date of alleged appointment was knowingly given on the day of our holiday - 7 days after our 'second choice (and final) date' when we would be available
          - No evidence of any appointment was made in our name - and this has been confirmed with HM Passports Office.

          Comment


          • #6
            Re: BugandFudge v BritishPassportServices - defence by 23rd March - ACKNOWLEDGED

            Ahh good, just checking it had been done - with the no appointment being made you should be fine and hopefully Richard will just discontinue... if he does tell you he will discontinue you need to inform the court, as so far, he hasn't actually discontinued a case formally - which leaves you at risk of a judgment - let us know if you hear anything from the court ( small claims track questionnaire will be next ) or from him.

            Thank you xx
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: BugandFudge v BritishPassportServices - defence by 23rd March - ACKNOWLEDGED

              Hello - Just to update - we have submitted the small claims questionnaire and have a County Court telephone mediation next week - not sure what to expect, he hasn't dropped it yet...

              Comment


              • #8
                Re: BugandFudge v BritishPassportServices - defence by 23rd March - ACKNOWLEDGED

                Originally posted by BugandFudge View Post
                Hello - Just to update - we have submitted the small claims questionnaire and have a County Court telephone mediation next week - not sure what to expect, he hasn't dropped it yet...
                I'm pretty sure he'll go ahead with the mediation, which will be a series of phone conversations between you & the mediator and him & the mediator. You won't speak with him directly and you'll probably be surprised at how informal it is. The key is to be almost overly polite, reasonable and level-headed when you're speaking to the mediator (because he probably won't be) and make sure you are prepared with all the paperwork/correspondence/key dates in front of you.

                Obviously your main ground of defence is that he knowingly booked the appointment on a date you couldn't possibly have been suitable. Make it clear to the mediator that as part of the booking process you had to submit your 2 preferred dates and your date of travel. He might argue that the terms & conditions in the small print allow him to book the appointment on any date he chooses but you need to argue that this is an unfair term.

                Just on the ASA ruling, they didn't make it against britishpassportservices.co.uk but another of his websites ukpassportoffices.co.uk but you can argue that they were virtually identical.

                Comment


                • #9
                  Re: BugandFudge v BritishPassportServices - Mediation booked

                  Thanks very much that's super helpful...sorry for the late reply I just saw this in my spam folder.

                  I'll let you know how it goes!

                  Comment


                  • #10
                    Re: BugandFudge v BritishPassportServices - Mediation booked

                    Is it today?

                    Comment


                    • #11
                      Re: BugandFudge v BritishPassportServices - Mediation booked

                      Originally posted by BugandFudge View Post
                      Thanks very much that's super helpful...sorry for the late reply I just saw this in my spam folder.

                      I'll let you know how it goes!
                      Yes do let us know how you got on. You're the first defendant we know of who will be taking part in mediation so we'd be interested to know how it went.

                      Comment


                      • #12
                        Re: BugandFudge v BritishPassportServices - Mediation booked

                        Hello everyone - we have just finished our mediation call so I wanted to let you know how it went and the outcome.

                        Firstly - for those who are worried about it - don't be - the mediator was super nice and it was cathartic talking to him. He told us that he was already aware of similar claims and even recounted an occasion when he was caught out. It was conversational and short - we just had to put across our main points of defence. He then went back to someone called 'Chris D'Souza' who was representing British Passport Services (it could have been Richard Howard himself....who knows?) to hear him say the same stuff - and then called us back and so forth. We had a few call backs within an hour.

                        BPS made an offer to close the case at £160 - we declined this and made our final offer of £100 (RELUCTANTLY - only so we could be shot of them). They declined saying this was unacceptable but in the time it took for us to hear back about our rejected offer we felt annoyed with ourselves again for making any offer at all - why should we validate their business at all?

                        ...so we were suprised but also happy that they rejected our offer.

                        So on the advise and direction of the mediator these are the facts of what to expect for going to court:

                        - It will take place in our local small claims court.
                        - The total cost of fighting (and potentially losing) a case is legally no more than £307 (£202 charges from BPS + £25 court costs + potentially another £80 FIXED costs) - they cannot charge more than is legal. So do not worry that it will escalate.
                        - You WILL NOT get a CCJ - unless the court has ruled in favour of BPS and your payment hasn't been received within 28 days.
                        - We will hear back from our local court in approx 3-4 weeks from now - but the court hearing won't be likely until around August.

                        We have been advised that we should contact the ASA to check on the current status of their ruling from September 2014. Obtain a copy of the ruling for the court hearing. Keep a record/screenshots of the site that predates this ruling (as they denied it had been changed in 3 years!!)

                        PLEASE CAN EVERYONE affected - if they haven't yet done so complain and put forward their story to Trading Standards whom I believe are particularly interested in investigating BPS right now. I asked if their intervention would help our case in court and the mediator said "Absolutely". So there's power in numbers..please help!

                        We decided that in principle we need to go all the way with this and the mediator said that although he is technically impartial - he totally agrees that they are a company that should be taken to justice.

                        Keep fighting!

                        Comment


                        • #13
                          Re: BugandFudge v BritishPassportServices - Mediation booked

                          BugandFudge - if you can send me your full name, location and telephone number I'm currently passing them on to TS enforcement who will be calling people this and next week for statements.

                          Thank you for writing that up - very very helpful and should put a few other peoples minds at rest. And I'm with you on the PHEW ! that they didn't accept the £100 offer.
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: BugandFudge v BritishPassportServices - Mediation booked

                            Sure, What email address should I send them to?

                            Comment


                            • #15
                              Re: BugandFudge v BritishPassportServices - Mediation booked

                              admin@legalbeagles.info Thank you xxxxxx
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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