*** WON *** AVidUser v BPS - hearing 26th May ** WON ***

[EXC]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

So you can't make the hearing date of 26 May?

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Nope I am not back into the UK until the 28th May! Can't leave sooner as I don't have the leave.

[EXC]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Have you informed the court that you'll be unavailable?

[EXC]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Have a look at posts #20 & #22 here for examples of witness statements http://www.legalbeagles.info/forums/...ing-date-6-May

[aviduser]

AVID

Hi there

I just rang my local court to ask to move my case, I asked if the court fee had been paid and they said yes. When I asked to move the case they asked me to fill in an N244 form and pay a fee of 154 pounds to move the case. That seems a bit unreasonable.

To didactosaurus

When you rang the court and gave your BZ number did they immediately say its been dismissed or did you have to dig?

Thanks

[Amethyst]

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

Hi there

I just rang my local court to ask to move my case, I asked if the court fee had been paid and they said yes. When I asked to move the case they asked me to fill in an N244 form and pay a fee of 154 pounds to move the case. That seems a bit unreasonable.

To didactosaurus

When you rang the court and gave your BZ number did they immediately say its been dismissed or did you have to dig?

Thanks

grrrr. Okay, you're not paying £155 to apply to adjourn the case, that's bonkers.(unless you want to of course, but it wouldn't be reclaimable)

So we need to get your documents in and spankingly brilliant before you go away. What date is your WS due and when are you going away ? We should get your WS and exhibits off to court and RH before you go, and leave your skeleton all signed and ready for someone to post over to RH and Court three days before the hearing....then let the court hear it on paper.

Non-attendance of a party at a hearing

6.1 Attention is drawn to rule 27.9 (which enables a party to give notice that he will not attend a final hearing and sets out the effect of his giving such notice and of not doing so), and to paragraph 3 above.
6.2 Nothing in those provisions affects the general power of the court to adjourn a hearing, for example where a party who wishes to attend a hearing on the date fixed cannot do so for a good reason.

Non-attendance of parties at a final hearing

27.9
(1) If a party who does not attend a final hearing–
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
(2) If a claimant does not –
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out^(GL) the claim.
(3) If –
(a) a defendant does not –
(i) attend the hearing; or
(ii) give the notice referred to in paragraph (1); and
(b) the claimant either –
(i) does attend the hearing; or
(ii) gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.
Back to top
Disposal without a hearing

27.10 The court may, if all parties agree, deal with the claim without a hearing

[aviduser]

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

I live abroad and I am returning on the 28th may, even to change my flight is 100 quid! My parents live in the town and theoretically could attend on my behalf. I don't really want to put them through that but I am certainly not paying, Should I pay a Solicitor?

Or as you say have it heard on paper. Where do I even start with this now?

[Amethyst]

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

Of course you do.

I've added the CPR in my previous post.

We need to get your WS in anyway - did you make a start with that ? We'll work on it on your VIP thread so not to clog up here.
And your exhibits, a letter to the court about non-attendance and your skeleton arguments so it can be heard on paper (IF it goes ahead and Richard doesn't discontinue)

You'd have to apply for your parents to attend on your behalf so no, a solicitor is an option to represent you, but would be quite disproportionate costs wise.

Let me move these posts to your private thread as obv better to keep it under your hat. Richard won't discontinue if he knows you aren't going to attend.

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Hi EXC

I am not in the UK until the 28th May, my wife is having a our first baby in the UK on the 4th. I believe my court date was slightly earlier than that. I am waiting for my Mother to scan and send the documents to me. Any advice on the witness statement would be greatly appreciated.

Okay can you post up anything you've done on the witness statement.... if nothing and you're panicing just say ok and i'll run through it this morning. You'll have to submit by email so will have to print WS and exhibits to a PDF and digitally sign it and get copies over to the court and RH before 4pm.

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

4pm today !!!!!!

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( N180 sent in)

Yep

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Oh man I am at work !! What an idiot I am did Alex post his witness statement yet?

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Have you done anything on your witness statement ?

I need to know as if not I can just get on with it and get you to amend dates etc as needed.

DEFENCE WAS

There is no proof that they delivered the service that I am
supposed to pay for.

Furthermore the web site (at the time) was masquerading as a
Government web site that was purporting to be the actual passport
website.

I filled in my details to the web site then as I came to the end
of the form filling I realised that infact this site was NOT a
Government website just a website taking 112 pounds to check
forms.

I was greatly relieved that my payment was declined by my credit
card provider as I they believed that the site was fraudulent.

Other individuals that have fallen victim to this web scam have
been directly refunded by their credit card provider so I was
lucky that my credit card had declined the payment.

The service that the Web site is claiming they provided did not
happen. They claim to have made an appointment. When I rang the
passport office to check there was NO appointment made. That would
be a breach of their contract.

In my case I filled in the details on the site and prior to payment realized that the website was a scam and clicked out of it.

I didn't think anything of it until Three months later when the emails asking for money started dropping in.

All emails and correspondance are on my email. Link for me http://www.legalbeagles.info/forums/...634#post508634

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

July 2014...

They then said they would ring me to pay over the phone.
I didn’t receive that phone call:

....

That was it.
As I realized the site was a scam I rang the passport office first thing the next morning and made my own appointment. I can’t remember if there was already an appointment made for me.

then heard nothing till november and the infamous meeting letter



links for me -
Attached Files

• Invoice BPS.pdf (117.3 KB, 8 views)
• Agreement-signed.pdf (45.6 KB, 4 views)

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

The WS and exhibits are the only bits MUST be in today before 4pm.

The letter of non attendance can go in with skeleton arguments before Friday.