UK Services & Support Ltd BRITISHPassportServices Copycat Website issues DISCUSSION

[didactosaurus]

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

He didn't send separate particulars of claim to us.

Are you reading this, Howard? You see what a tragedy has befallen Dan.H and how your shameless greed has no doubt made his suffering in this worse?

Your actions have brought stress, distress, misery and suffering to many, many people. You have no right to make others suffer for your personal gain. How will you really feel when this hits home, Howard? What will your legacy be in this world?

If I was you, I'd be thinking about that. Because you may make some money; you may think you're clever; you may think this world is dog-eat-dog, and what you are doing is what you need to to survive. But you WILL, one day, suffer for the wrong you have done to innocent people.

You can't hide from yourself, Howard. No matter where you run, where you try to hide.

You can't hide from knowing what you have done. And no amount of money will make that go away.

Think on that.

[Mandid]

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

Well said didactosaurus! It is aparant that quite a few of us who have fallen victim to this disgusting individual have a lot of stresses going on in our lives. I feel that played a part in how I fell victim. I have been ill for some years and was trying to do something nice for my daughter by helping hubby rush her passport renewal through so he could take her away in the half term. I wasn't even going on the break myself as I am too ill to travel and all I achieved was a tonne of stress that increased my illness. Howard is young, immature and smug but karma will come knocking on his door one day and we will have sent it. You will deserve it Howard it will come back at you ten fold! His whole world will implode one day and then he will remember us! Sticking the pins in right now lol

[EXC]

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

I have been ill for some years and was trying to do something nice for my daughter by helping hubby rush her passport renewal through so he could take her away in the half term.

For me this is an interesting point because most of those who have fallen foul of BPS have done so during a state of panic on realizing that they had to renew a passport urgently. It is clearly this group of consumers who BPS caters for.

The appeal that BPS's lawyers have made to the Advertising Standards Authority's adjudication against them is based entirely on the criteria the ASA applied, which was that the ''average consumer'' may confuse BPS with the official HM Passport Office website. BPS are arguing that ASA should have used the definition of an ''average consumer'' being one that is ''reasonably well informed, reasonably observant and circumspect'' as defined in sec 2 of The Consumer Protection From Unfair Trading Regulations 2008.

http://www.legislation.gov.uk/uksi/2...ulation/2/made

(2) In determining the effect of a commercial practice on the average consumer where the practice reaches or is addressed to a consumer or consumers account shall be taken of the material characteristics of such an average consumer including his being reasonably well informed, reasonably observant and circumspect.

But the legislation further provides that there are distinct groups within the definition that should be taken into account (emphasis supplied).

(3) Paragraphs (4) and (5) set out the circumstances in which a reference to the average consumer shall be read as in addition referring to the average member of a particular group of consumers.

(4) In determining the effect of a commercial practice on the average consumer where the practice is directed to a particular group of consumers, a reference to the average consumer shall be read as referring to the average member of that group.

(5) In determining the effect of a commercial practice on the average consumer—

(a)where a clearly identifiable group of consumers is particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, and

(b)where the practice is likely to materially distort the economic behaviour only of that group, a reference to the average consumer shall be read as referring to the average member of that group.

I would argue that consumers who would otherwise be considered ''reasonably well informed, reasonably observant and circumspect'' would not be so when in a state of panic and would therefore have to be considered in the context of their own group.

This is a point we've made to ASA in consideration of the appeal.

[Mandid]

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

Yes it would be interesting to know and compile data what drove each of us to fall victim to the scam. I for one was not thinking straight and my cognitive function was impaired that day as I have an endocrine disorder that can confuse me. I told Howard this in my first email straight after I fell foul of his site . The whole reason I went online was because I didn't feel well enough to speak on the phone to make an appointment and just wanted to make it easy that particular day. Could we compile a list of our individual circumstances to support the ASA investigation otherwise how the hell can they ascertain if the average consumers are the ones falling victim of his site. Just a thought.

[EXC]

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

Could we compile a list of our individual circumstances to support the ASA investigation otherwise how the hell can they ascertain if the average consumers are the ones falling victim of his site. Just a thought.

Unfortunately they can't take material from other sources or take submissions from third parties into account, which is understandable given that they have to adjudicate on the basis of the case of original complainant.

But they have assured us that they ''have a strong awareness of the current concerns about these sites''.

[EXC]

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

This is the appeal.

[AlexYates]

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

Hi all,

I've just received my court date: May 7th.

I'll post here publicly on May 7th to let you know precisely how I get on.

In the meantime, I'm going on holiday in a few hours (great timing!) so after Easter I'll be in touch with [MENTION=6]Amethyst[/MENTION] etc to get some proper advice.

Alex

[Amethyst]

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

[MENTION=61504]AlexYates[/MENTION] Have a lovely holiday

Do your directions ask for witness statements and documents to rely on by a certain date or just 14 days prior to the hearing ?

Will need you to pop your defence and anything entered so far on your thread ( which is in the VIP forum )

[AlexYates]

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

14 days prior to hearing, which will give us a couple of weeks once I'm back.

I'll dig through all the paperwork when I'm back.

Thanks for the help,

Alex

[Amethyst]

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

okeydokey, just checking as some have been given shorter time with a big gap to the hearing.

Happy Easter xx

[EXC]

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

@AlexYates Have a lovely holiday

Do your directions ask for witness statements and documents to rely on by a certain date or just 14 days prior to the hearing ?

Will need you to pop your defence and anything entered so far on your thread ( which is in the VIP forum )

For ref Alex's thread is here
http://www.legalbeagles.info/forums/...ntered-defence

[didactosaurus]

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

This is the appeal.

I wonder if there is any merit in reporting TLT to the Solicitor's Regulation Authority for acting on behalf of UK S & S - given that all our defences are arguing that UK S & S are misleading consumers, could it not be argued that TLT are actively assisting UK S & S/Richard Howard to commit fraud on a large scale by attempting to remove/compromise the ASA's adjudication?

At the very least that might result in them/other solicitors refusing to touch Howard et al with a bargepole...

[Mandid]

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

I am gobsmacked that solicitors are helping him at all.

[EXC]

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

I wonder if there is any merit in reporting TLT to the Solicitor's Regulation Authority for acting on behalf of UK S & S - given that all our defences are arguing that UK S & S are misleading consumers, could it not be argued that TLT are actively assisting UK S & S/Richard Howard to commit fraud on a large scale by attempting to remove/compromise the ASA's adjudication?

Not really, everyone should have the right to legal advice/representation. The only reason he's using solicitors is because he thinks that he can add gravitas to his argument and intimidate ASA. Well, that and the fact that he's barely capable of stringing a coherent sentence together himself.

[Mandid]

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

I suppose but the solicitors are basically backing up his delusion that only numpties are the people that are complaining about falling upon his site which is not true and that really angers me if the ASA are not willing to hear from the people direct.