UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSION

[teaboy2]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Think it doesn't quite work like that if you have read up on the cases then you will see no one gets to see much of anyhting until it's too late

Actually what i have would make a world of difference, especially if such terms and conditions and not made available to be read by the those applying to use the service and even if they were and legally required term wasn't included in them.

Can't say much here on open forum till i know for sure what the terms and conditions given prior to completing and making payment on their site says, as wouldn't want to give Howard the head ups on it.

[EXC]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

T&Cs are here http://www.britishpassportservices.c...pointment.html

[teaboy2]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Thanks EXC i shall have a read and see whats what and let you all know.

[teaboy2]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Right based on this term they appear to be in compliance of regulation 9 of the distance selling regulations... sort off.

"By using our services you expressly agree that we may commence provision of the service immediately upon receipt of this form, consequently once the work has been completed there will no longer be any option to cancel your order. Due to the nature of this service you agree to forfeit your 14 day cooling off period/cancellation rights provided by the Consumer Contract Regulations 2013."

However regulation 9 requires that they give a geological location and the place of business (which to me is the trading address of their offices, not the registered address) to which the customer may address their complaints. Now the address given if their registered address of 132-134 Great Ancoats St Manchester, Lancashire M4 6DE (Also known as Advantage Business Centre 132-134 Great Ancoats St). Please do not confuse the address with the Central Retail Park on the opposite side of the road - So it is not their trading address and simply, what i call, a holding address that is used by many companies as their registered address as you can see from the list here - http://www.endole.co.uk/company-by-postcode/m4-6de

So i am of the view that they are not in compliance with regulation 9 of the distance selling regulations due to them failing to provide their trading address to which customers may address their complaints too. It may also explain why, may not be good at picking up his mail, since its not his bloody place of business (Trading) address.

Also on a side issue, one of the terms state:

"You must ensure the applicant is eligible before using our service as no refunds can be issued after this form has been submitted,"

So basically what hes saying is, they will not issue you refund regardless. But more importantly saying that the submitting of the form constitutes agreement to go ahead with the service. It does not! As clearly the act of agreement is by continuing through the online check out and submitting payment, and generally when an online purchase for goods or services is not made, despite the customer agreeing terms and conditions it is deemed as cancellation, or the order is deemed on hold for a period of time and them deemed cancelled if payment is not made with in the set duration (the set duration is at the discretion of the company), and no goods or services are carried out on behalf of that customer until payment is made.

Now this is taken from CAB websites:

Contracts made electronically

If you make your contract electronically, for example online, there are some additional requirements under the regulations.
Directly before you place your order you must be made aware of certain information in a clear and prominent manner and you must explicitly acknowledge that by ordering you understand that you are obliged to pay for what you have ordered, for example, by activating a “Pay Now” button, which is clearly labelled as such.

If the obligation to pay is not explicitly acknowledged or any such button is not clearly labelled, then you will not be bound to go ahead with your order."

Now i am assuming that as part of the check out process the customer was presented with a Pay now button in order to make payment (this is not the submit form button or complete order button, its the complete payment or pay button you see when entering your card details). By not clicking on it you are cancelling the contract (similar to how when your redirected to PayPal to make payment but are given the option to cancel and return to retailers website). Basically by not making payment you are therefore not explicitly acknowledging you understand that you are obliged to pay, and therefore as you have not explicitly acknowledged you are obliged to pay, then you are not bound to the contract or to go ahead with your order, as per the last sentence above from CAB. NOTE: CABs advice is based on Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I have yet to read through said regulations, but i have read them before and i have worked my own business(s) online sales on the same principle as what CAB advises above.

[Amethyst]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Here's the terms that people are defending on http://www.legalbeagles.info/forums/...SSPORTSERVICES

We posted the process of the 'booking form' up somewhere I'll dig it out.

[teaboy2]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Heres a link to the relevant part of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 regarding explicit acknowledgement to pay - http://www.legislation.gov.uk/uksi/2...chedule/2/made (its under schedule 2 of the regulations and falls under section 14 of schedule 1)

The below confirms the requirement for the trading address to be provided to address complaints too if different to the registered address:

"(e)if different from the address provided in accordance with paragraph (c), the geographical address of the place of business of the trader, and, where the trader acts on behalf of another trader, the geographical address of the place of business of that other trader, where the consumer can address any complaints;"

Will have a look at the link Ame and yes would be useful to see the whole process of the booking form. As only other way i can look at is is by carrying out my threat to use them to process my passport renewal, though i would not be explicitly acknowledging the need to pay lol

[Amethyst]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Will have a look at the link Ame and yes would be useful to see the whole process of the booking form. As only other way i can look at is is by carrying out my threat to use them to process my passport renewal, though i would not be explicitly acknowledging the need to pay lol

Probably easier for you just to go through the process, and say where you reckon a contract is actually entered in to.....

If you don't get up to the payment page it looks like this.... with different details again



( yes all his companies and mailing addresses )

[teaboy2]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Here's the terms that people are defending on http://www.legalbeagles.info/forums/...SSPORTSERVICES

We posted the process of the 'booking form' up somewhere I'll dig it out.

Those terms are clearly different to the terms on their website, the JAN 14 terms even mention the distance selling regulations reference right to cancel under them, where the current online terms do not mention the regulations but instead state , more or less that "You agree to forfeit your right to cancel" and no mention of the regulations. Seems they are changing their terms willy nilly too me.

And in JAN 15 they refer to consumer contract regulations 2013 - They can't even get the name of the regulations right lol

[Amethyst]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Those terms are clearly different to the terms on their website, the JAN 14 terms even mention the distance selling regulations reference right to cancel under them, where the current online terms do not mention the regulations but instead state , more or less that "You agree to forfeit your right to cancel" and no mention of the regulations. Seems they are changing their terms willy nilly to me.

Yip xxx You'll like the first paragraph of April 2014's terms http://www.legalbeagles.info/forums/...7&d=1423934330

[teaboy2]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Probably easier for you just to go through the process, and say where you reckon a contract is actually entered in to.....

If you don't get up to the payment page it looks like this.... with different details again



( yes all his companies and mailing addresses )

Clicking on the Pay button would be explicit acknowledgement and bound you to the contract, however looking at the image it looks like once you click payment will be taken anyway, as it looks like a hosted payment solution that is imbedded on Howards company websites checkout page. So by not clicking that "pay" button the customer is therefore not explicitly acknowledging the need to pay and is therefore not bound to the contract as per section 14 ( subsections 3 and 4) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - which makes clear the consumer is required to activate such button as acknowledgement in order to be bound to the terms of the contract!

So those that did not click pay and therefore did not pay - Which is majority of those here seeking help. DID NOT explicitly acknowledge and are therefore NOT bound to any contract with Howards company! In other words, they never entered in to a contract!

[teaboy2]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Yip xxx You'll like the first paragraph of April 2014's terms http://www.legalbeagles.info/forums/...7&d=1423934330

LOl OMG as if. I can see it now.

Receiptionist: Good morning how may i help

Me: Morning i have been an allocated an appointment to renew Mr Joe Bloggs passport, but my names MR Teaboy

Receptionist: Am sorry Mr Teaboy but your not permitted to renew anyone elses passport but that of your own and most make a different appointment to that allocated to Mr Joe Bloggs.

Me: But i paid UK Support and Services to arrange this appoint for me, and they told me to tell you i was allocated mr Joe Bloggs appointment to renew his passport in order for me to have my own renewed.

Receptionist: It doesn't work like that Mr Teaboy the appointment must be allocated to you in your name only, you can not use an appointment allocated to someone else.

Me: Have you got a shotgun?

Receptionist: No why?

Me: Because am going to pump some lead up Howards ass hole...!

Lol

[Amethyst]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Clicking on the Pay button would be explicit acknowledgement and bound you to the contract, however looking at the image it looks like once you click payment will be taken anyway, as it looks like a hosted payment solution that is imbedded on Howards company websites checkout page. So by not clicking that "pay" button the customer is therefore not explicitly acknowledging the need to pay and is therefore not bound to the contract as per section 14 ( subsections 3 and 4) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - which makes clear the consumer is required to activate such button as acknowledgement in order to be bound to the terms of the contract!

So those that did not click pay and therefore did not pay - Which is majority of those here seeking help. DID NOT explicitly acknowledge and are therefore NOT bound to any contract with Howards company! In other words, they never entered in to a contract!

As it says ''To cancel your order and return to the site'' I reckon thats a clear indication that that Pay Now button is the contract forming button ..... and MOST people never got that far.

[teaboy2]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

As it says ''To cancel your order and return to the site'' I reckon thats a clear indication that that Pay Now button is the contract forming button ..... and MOST people never got that far.

Exactly Ame!! Its also the button you must activate to give explicit acknowledgement required under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in order for the contract to be formed and therefore for the customer to be legally bound by it.

By clicking "To cancel your order and return to the site" or by exiting the webpage without click "To cancel your order and return to the site" or "Pay" button, then your cancelling the order, just like you would be if you clicked ""To cancel your order and return to the site"!

Same as when directed to PayPal to make payment and you click "cancel and return to retailers website"!


So all these court cases hes been bringing are in fact vexatious and without merit as no contract was actually formed in the cases where people never submitted their payment details in the first place, by not clicking "Pay" after entering their card details, or by closing the webpage without clicking "Pay" or by clicking "Cancel your order and return to site". Ticking that you agree to the terms and conditions alone does not form a contract where its an electronic online contract requiring payment to be made for provision of goods or services (services in this case)!

The fact hes been taking to people to court, and lets be fair he should dam well know the law regarding formation of electronic contracts online, as ignorance is not a defense. Then in my book hes being making false claims for moneys owed under non existent contracts, which is perjury in my book. As hes clearly been lying to the courts in majority of such cases where hes brought claims against people!

[Nibbler]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Rebecca Smith is in Court tomorrow morning for a set aside application hearing - wish her luck xxx

Good luck Rebecca.

[Ivanidea666]

Re: UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSI

Dear Mr Barker,

*

We understand that the court has awarded you costs. I apologise for the delay of sending them to you but we didn’t received court letter yet. Once we receive the letter from court confirming this we will send you the cheque.

Kind Regards

Amanda Kirkman
UK Services & Support
Support Department
Tel:*0161 663 0072


Hi all I just received this email from Amanda Kirkman.....I didn't think she really existed....