*WON !!!!** IVANIDEA v BPS... hearing 30th April **WON**

[Ivanidea666]

Re: *** IVANIDEA v BPS... issued 29th Dec

Hi i've sorted out a first draft of a Witness Statement for you to look at...i've only mentioned correspondence that i have copies of and am able to provide when the time comes to send it off....many thanks Ivan Barker

[Amethyst]

Re: *** IVANIDEA v BPS... issued 29th Dec

Having a look this morning xx

[Ivanidea666]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

UK SERVICES & SUPPORT LTD

and

Ivan Barker
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________

I, Ivan Barker of Riverside Aviaries, Brandon Bank, Downham Market, Norfolk, PE38 0PU will state as follows;

1: I am a Carpenter/Builderand the defendant in these proceedings. I make this witness statement in support of my defence in this case.

2: On 7th June 2014 I found myself in a position where I needed to renew my passport at short notice.

3: I searched online for “Urgent Appointments Peterborough Passport Office”, using Google and clicked on a result at the top which stated British Passport Services.

4: This took me to the British Passport Services website. I thought straight away due to it's official looking appearance and name, that it was Her Majesty's Passport Office website. I saw that it offered a “Four Hour Premium Service”, which was priced at £117.60. I clicked on this and was taken to another page. I was asked for my personal details, date and time of travel and to give 2 available dates that would suit me for an appointment. I filled in all the information, as requested, including my 2 most convenient appointment dates and my flight date and time, which was June 11th 2014 at 4.45 PM and clicked on proceed.

5: On 8th June 2014 at 12.16 pm I received a text stating that an appointment had been made for me at Peterborough Passport Office on 11th June 2014 at 9.30 am. This was on the morning of the day that I was supposed to fly out from Stansted Airport at 4.45 pm and would have been quite useless. It would have been incrediblystressful, if not impossible, to have travelled to Peterborough on the morning of my holiday, had the half hour appointment (assuming they were running to time , etc), and then waited for 4 hours before collecting my passport. I would then have had to get back to my parked car and left Peterborough city centre by road, and made the 60 mile journey to Stansted Airport, parked in the long term car park, wait for the courtesy bus and travel to the Airport departures, queued to check my bag in the recommended 2 hours prior to departure; queued and passed through Security, made my way to the gate … before it closed 4.15pm, with my sanity intact! Hence the very service that I sought, was not provided and I had no choice but to cancel the appointment as soon as possible.

6: On 9th June 2014 at 10.03 am I received another text stating that if I needed to cancel the appointment, that had been made for me, then I was to call 0203 6000 145 and quote my 5 digit cancellation code of 44850.

7: So on 9th June 2014 at 10.06 am I rang 0203 6000 145 and quoted my 5 digit cancellation code of 44850. I was told that if I hadn't recieved confirmation of the cancellation within 4 hours then I was to try again, which at the time didn't seem very professional or efficient for a Government office.

8: On 10th June 2014 at 10.59 am, after receiving no confirmation of the cancellation, I rang the same number and quoted my 5 digit cacellation code yet again. Once again I was told that if I hadn't received confirmation within 4 hours etc etc. At that point i considered that I'd done as much as I could, I had heard nothing further from British Passport Services and so I understood that the matter was closed.

9. On June 11th 2014 a confirmation letter arrived from Her Majesty's Passport Office, for the appointment. This was addressed to “Casandra Barker” at “Riverside” … which is a neighbouring property and not my address. The confirmation letter was therefore addressed to the wrong person at the wrong address.

10. On 5th November 2014, quite out of the blue, I received an email from British Passport Services stating that there was an unpaid invoice for the sum £117.60 for the appointment package that they'd apparently provided me with.

11. Soon after this, again on 5th November 2014, I received another email from them formally requesting my solicitor's details.

12. Three days later on 8th November 2014 I received yet another email from British Passport Services reminding me that they still hadn't received payment from me for the outstanding sum of £117.60. It was only at this point , because of the spelling mistakes and awful grammar, in the email, that I realised that it wasn't Her Majesty's Passport Office in fact who was demanding money from me but a “Third Party” “Copycat” Company.

13. At 0933 on Sunday 9th November I received a text from Sam Harris on behalf of BPS telling me that he would be in the office in 20 minutes if I wanted to call him to discuss the issue: 0203 701 2916 (exhibit …)

14. On 12th November 2014 I received another 2 emails again demanding money from me. I also received a text … exhibit ….

15. On 21st November I received another text … exhibit ...

16. At 1032 on 24th November 2014, I got a text from the same number as Sam Harris, but signing off as Charles Mercer, telling me that he would email me this afternoon to let me know the outcome of a BPS committee meeting which was being today (exhibit )

17. On 25th November 2015 at 1106 I received another text from the same mobile number stating “Mr Barker please check your email as soon as possible, I am afraid that I have some bad news for you. Now may be a good time to secure some free advice from the Downham Market Citizen's Advice Bureau.”

18. Since 5th November I'd been getting numerous phone calls and texts demanding money, from British Passport Services at all times of the day and night which I didn't answer as I was feeling stresed, bullied and intimidated.

By now I had researched British Passport Services / Uk Services and Support Ltd and realised by the overwhelming amount of complaints on the internet and the scores of dissatisfied customers, that they were a well established “Copycat” Third Party Company who charged unsuspecting members of the public large sums of money to make Passport Office Appointments for them.

I felt so harrassed that I blocked their telephone numbers (they were using several different ones) and I marked their emails as spam.


19. I then received a registered letter dated 21st November 2014, from British Passport Services which was entitled “Formal notice of intended court action – Pre-Action conduct letter” threatening to take me to court if I didn't pay them. This included a 3 page letter, 2 copies of a Court Claim Form Example filled in with all of my details, a copy of the invoice, a copy of my input onto their website, and a list of ways to pay them.



20. At the beginning of January 2015 I received a Court Action letter dated 29th December 2014, from Northampton Small Claims Court, which was claiming £.... from the Claimant. I returned the form stating that I intended to dispute the claim and I was offered mediation services. I later heard from the mediation service but as I was not willing to compromise because it is apparent that I did not receive the service for which the claimant is claiming, it was referred to court for a hearing.
21. I recieved a Notice of allocation to the small claims track (hearing) dated 21st March 2015 at King's Lynn County Court on April 30th at 10am.



22. have since discovered that ALL of the information which I put on to the Claimant's webiste during my initial application, was, for several months, available to the public on the internet without any restriants – this included all of my personal details: full name, address, date of birth, place of birth, the date that my passport expires and my signature … basically ALL of the information anyone would need to clone my indentity ie identity theft. This is a blatant example of breach of The Data Protection Act.




I believe that the facts stated in this witness statement are true.

Signed _Ivan Barker
Dated _______________________

[Amethyst]

Re: *** IVANIDEA v BPS... issued 29th Dec

Do you have print outs of all the emails and texts for the exhibits?

para 9... add there you do not know anyone called Casandra

I might put in the WS what the text of the texts said as they aren't too long, like you have in para 17..

para 18
''at all times of the day and night'' - might be an idea if you can to specify some times you received texts and phonecalls because we know he is trying to counter this with the ''we only work 9-5''.
this is their list so any that aren't showing on here would be good if we can evidence them too

I'd amend the numbering after para 18 - so the para about researching online is para 19. I think we should also add an exhibit there ( as again we know he tries to counter this - I'll find some quotes for you from a report we've just done for trading standards.

Para about blocking telephone numbers - can you list some of the numbers used ( mix of landline and mobile is best)

para 19 - do you still have this letter to include a copy as an exhibit ?

para 20... I received the claim form in this case (rather than court action letter)

Hearing 30th April.

para 22. I have since discovered

We should squeeze in a couple legal references to that as well - I'll check back what the defence was you entered so what needs to go in to bolster that up a bit.
DEFENCE http://www.legalbeagles.info/forums/...622#post521622

Otherwise, you've done a brilliant job with it

[Ivanidea666]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

Hi thanks for ideas/amendments etc ...I've tried to tidy it all up a bit and i've included referenced Exhibits for all the correspondence that I've still got etc..i've got a few technical problems with fonts etc but my partner will tidy this up for me for the final draft...she's a freelance medical secretary, among many things....many thanks Regards Ivan

IN THE COUNTY COURT BUSINESS CENTRE
B E T W E E N:-

UK SERVICES & SUPPORT LTD

and

Ivan Barker
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________

I, Ivan Barker of Riverside Aviaries, Brandon Bank, Downham Market, Norfolk, PE38 0PU will state as follows;

1: I am a Carpenter/Builderand the defendant in these proceedings. I make this witness statement in support of my defence in this case.

2: On 7th June 2014 I found myself in a position where I thought that I needed to renew my passport at short notice.

3: I searched online for “Urgent Appointments Peterborough Passport Office”, using Google and clicked on a result at the top which stated British Passport Services.

4: This took me to the British Passport Services website. I thought straight away due to it's official looking appearance and name, that it was Her Majesty's Passport Office website. I saw that it offered a “Premium (1 Day ) Booking Service”, which was priced at £117.60. I clicked on this and was taken to another page. I was asked for my personal details, date and time of travel and to give 2 available dates that would suit me for an appointment. I filled in all the information, as requested, including my 2 most convenient appointment dates and my flight date and time, which was June 11th 2014 at 4.45 PM and clicked on proceed.

5: On Sunday 8th June 2014 at 12.16 pm I received a text (Exhibit A) stating “Thank you Ivan for opening our email. Your Premium (1 Day) Booking Reference is 86433630 for 9.30am, June 11, 2014 at the Peterborough Passport Office.”

This was on the morning of the day that I was supposed to fly out from Stansted Airport at 4.45 pm and would have been quite useless for me. It would have been incredibly stressful, if not impossible, to have travelled to Peterborough on the morning of my holiday, had the half hour appointment (assuming they were running to time , etc), and then waited for 4 hours before collecting my passport. I would then have had to get back to my parked car and left Peterborough city centre by road, and made the 60 mile journey to Stansted Airport, parked in the long term car park, wait for the courtesy bus and travel to the Airport departures, queued to check my bag in the recommended 2 hours prior to departure; queued and passed through Security, made my way to the gate … before it closed 4.15pm, with my sanity intact! Hence the very service that I sought,was not provided and I had no choice but to cancel the appointment as soon as possible.

6: On 9th June 2014 at 10.03 am I received another text (Exhibit B) stating “Dear Ivan, to request that the service is cancelled please call 0203 6000 145. Your 5 digit cancellation code is 44850.”

7: So on 9th June 2014 at 10.06 am I rang 0203 6000 145 and quoted my 5 digit cancellation code of 44850. I was told that if I hadn't recieved confirmation of the cancellation within 4 hours then I was to try again, which at the time didn't seem very professional or efficient for what I thought was a Government office.

8: On the following day on 10th June 2014 at 10.59 am, after receiving no confirmation of the cancellation, I rang the same number and quoted my 5 digit cacellation code yet again. Once again I was told that if I hadn't received confirmation within 4 hours etc etc. At that point i considered that I'd done as much as I could to cancel the appointment. I had received no confirmation of cancellation or been provided with an alternative appointment date and time from British Passport Services and so as far as I was concerned the matter was closed.

9. On the morning of June 11th 2014, the day I was flying out, a letter (Exhibit C) arrived from Her Majesty's Passport Office, confirming the appointment. This was addressed to “Casandra Barker” , who I do not know, at “Riverside” … which is a neighbouring property and not even my address. The confirmation letter was therefore addressed to the wrong person at the wrong address.

10. Months later on 5th November 2014 at 12.31 pm, quite out of the blue, I received an email (Exhibit D) from British Passport Services formally requesting my solicitors details and referring to an unpaid invoice for the sum of £117.60.

11. Later that same day at 14.02 pm I received yet another email (Exhibit E) from them reminding me that I still had an outstanding unpaid invoice for the sum of £117.60

12. Three days later on 8th November 2014 at 19.32 pm I received yet another email ( Exhibit F) from British Passport Services reminding me that they still hadn't received payment from me for the outstanding sum of £117.60. It was only at this point , because of the spelling mistakes and awful grammar, in the email, that I realised that it wasn't Her Majesty's Passport Office in fact who was demanding money from me but a “Third Party” “Copycat” Company who had misled me with their official looking website.

13. At 9.33 am on Sunday 9th November I received a text (Exhibit G) from Sam Harris on behalf of BPS stating “ Morning Ivan, am stuck in traffic but will be in the office in 20 mins. Plz call 0203 701 2916 to discuss the issue then .Thanks Sam Harris”

14. On 12th November 2014 at 9.32 am and 20.03 pm I received another 2 emails (Exhibits H & I) again demanding money from me.

15. On 21st November at 11.02 am I received yet another email (Exhibit J) informing me that a “Compliance Team” meeting had been scheduled to discuss my case

16. On 24th November 2014 at 10.32 am, I got a text (Exhibit K) from the same mobile number as used by Sam Harris, but signing off as Charles Mercer, stating “ Good morning Mr Barker, I shall send you an email at ivanidea2001@yahoo.co.uk this afternoon once the committee has made a decision about what action to take in regards to the outstanding balance on you account. Charles Mercer. 0161 663 0072.”

17. On 25th November 2015 at 11.06 am, I received another text (Exhibit L) from the same mobile number stating “Mr Barker please check your email as soon as possible, I am afraid that I have some bad news for you. Now may be a good time to secure some free advice from the Downham Market Citizen's Advice Bureau.”

18. On 25th November at 11.05 am I received another email (Exhibit M) informing me of the outcome of their “meeting” stating that they would take me to court if they didn't receive the now increased sum of £134.60 from me within 14 days.

19. By now I had researched British Passport Services / Uk Services and Support Ltd and realised, by the overwhelming amount of complaints on the internet and the scores of dissatisfied customers, that they were a well established “Copycat” Third Party Company who misled unsuspecting members of the public with their official looking website and charged large sums of money to make, what should have been free, Passport Office appointments for them.

At this point in time I had received so many texts, emails and phone calls from them, at all times of day and night and weekends, that I felt so harrassed, intimidated and bullied that I blocked their telephone numbers (they were using several different ones, landlines and mobiles ...For example : 0161 663 0072, 0203 6000 145, 07786200351, 0203 701 2916 ) and I marked their emails as spam.

20. I then received a registered letter (Exhibit N) dated 21st November 2014, from British Passport Services which was entitled “Formal notice of intended court action – Pre-Action conduct letter” threatening to take me to court if I didn't pay them. This included a 3 page letter, 2 copies of a Court Claim Form Example filled in with all of my details, a copy of the invoice, a copy of my input onto their website, and a list of ways to pay them.



21. At the beginning of January 2015 I received the claim form in this case (Exhibit O) dated 29th December 2014, from Northampton Small Claims Court, which was claiming £.... from the Claimant. I returned the form stating that I intended to dispute the claim and I was offered mediation services. I later heard from the mediation service but as I was not willing to compromise because it is apparent that I did not receive the service for which the claimant is claiming, it was referred to court for a hearing.



22. I recieved a Notice of allocation to the small claims track (hearing) dated 21st March 2015 at King's Lynn County Court on April 30th at 10am.



23. I have since discovered that ALL of the information which I put on to the Claimant's webiste during my initial application, was, for several months, available to the public on the internet without any restraints – this included all of my personal details: full name, address, date of birth, place of birth, the date that my passport expires and my signature … basically ALL of the information anyone would need to clone my indentity ie identity theft. This is a blatant example of breach of The Data Protection Act.




I believe that the facts stated in this witness statement are true.

Signed _Ivan Barker
Dated _______________________

[Amethyst]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

Excellent, thanks for doing that. I'll go through and slot some legal bits in as they were missing a bit in your original defence letter.

[Amethyst]

Re: *** IVANIDEA v BPS... issued 29th Dec

''20. At this point in time I had received so many texts, emails and phone calls from them, at all times of day and night and weekends, that I felt so harrassed, intimidated and bullied that I blocked their telephone numbers (they were using several different ones, landlines and mobiles ...For example : 0161 663 0072, 0203 6000 145, 07786200351, 0203 701 2916 ) and I marked their emails as spam.''


Do you have any record of the times of texts and phone calls ?

[Amethyst]

Re: *** IVANIDEA v BPS... issued 29th Dec

Also, how did you eventually sort out getting your passport?

[Ivanidea666]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

Hi I've no records of phone calls at all except for when I rang twice to cancel...texts yes...in the end I realised that i could travel to Morocco with only 5 months left on my old passport
Cheers Ivan

[Amethyst]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

ahhh yes I remember you saying now.

We need to qualify the 'all times of day & night' statement that's all as we know he will come back and counter it.

[Amethyst]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

Another bit (sorry)

''At 9.33 am on Sunday 9th November I received a text (Exhibit G) from Sam Harris on behalf of BPS stating “ Morning Ivan, am stuck in traffic but will be in the office in 20 mins. Plz call 0203 701 2916 to discuss the issue then .Thanks Sam Harris” ''

Was this in response to your replying to their previous email/ letter at all ? or just random ?

[Amethyst]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

Added a couple bits - just need those couple questions answered on previous posts and I think we'll be there


IN THE COUNTY COURT BUSINESS CENTRE
B E T W E E N:-
UK SERVICES & SUPPORT LTD

and

Ivan Barker
Defendant
____________________________________________
WITNESS STATEMENT
_____________________________________________
I, Ivan Barker of xxxxxxxxxxxxxxxxxxxxx will state as follows;

1. I am a Carpenter/Builder and the defendant in these proceedings. I make this witness statement in support of my defence in this case.

1. On 7th June 2014 I found myself in a position where I thought that I needed to renew my passport at short notice.

1. I searched online for “Urgent Appointments Peterborough Passport Office”, using Google and clicked on a result at the top which stated British Passport Services.

1. This took me to the British Passport Services website. I thought straight away due to it’s official looking appearance and name, that it was Her Majesty's Passport Office website. I saw that it offered a “Premium (1 Day ) Booking Service”, which was priced at £117.60, which I thought included the cost of my passport. I clicked on this and was taken to another page. I was asked for my personal details, date and time of travel and to give 2 available dates that would suit me for an appointment. I filled in all the information, as requested, including my 2 most convenient appointment dates and my flight date and time, which was June 11th 2014 at 4.45 PM and clicked on proceed.

1. On Sunday 8th June 2014 at 12.16 pm I received a text message (Exhibit A) stating “Thank you Ivan for opening our email. Your Premium (1 Day) Booking Reference is 86433630 for 9.30am, June 11, 2014 at the Peterborough Passport Office.”

1. The appointment given was on the morning of the day that I was supposed to fly out from Stansted Airport at 4.45 pm and would have been quite useless for me. It would have been incredibly stressful, if not impossible, to have travelled to Peterborough on the morning of my holiday, had the half hour appointment (assuming they were running to time, etc), and then waited for 4 hours before collecting my passport. I would then have had to get back to my parked car and left Peterborough city centre by road, and made the 60 mile journey to Stansted Airport, parked in the long term car park, wait for the courtesy bus and travel to the Airport departures, queued to check my bag in the recommended 2 hours prior to departure; queued and passed through Security, made my way to the gate … before it closed at 4.15pm. Hence the very service that I sought was not provided and I had no choice but to cancel the appointment as unsuitable.

1. On 9th June 2014 at 10.03 am I received another text message (Exhibit B) stating “Dear Ivan, to request that the service is cancelled please call 0203 6000 145. Your 5 digit cancellation code is 44850.”

1. On 9th June 2014 at 10.06 am I telephoned 0203 6000 145 and quoted my 5 digit cancellation code of 44850. I was told that if I hadn't received confirmation of the cancellation within 4 hours then I was to try again, which at the time didn't seem very professional or efficient for what I thought was a Government office.

1. I checked further into the requirements for time remaining on my current passport and discovered that to travel to Morocco my current passport would be fine as it had 5 months remaining. Therefore I decided to sort out a renewal after I returned from my trip.

1. On the following day on 10th June 2014 at 10.59 am, after receiving no confirmation of the cancellation, I rang the same number and quoted my 5 digit cancellation code yet again. Once again I was told that if I hadn't received confirmation within 4 hours.. At that point I considered that I'd done as much as I could to cancel the appointment. I had received no confirmation of cancellation or been provided with an alternative appointment date and time from British Passport Services and so as far as I was concerned the matter was closed.

1. On the morning of June 11th 2014, the day I was flying out, a letter (Exhibit C) arrived from Her Majesty's Passport Office, confirming an appointment made for ‘Cassandra Barker’. I do not know anyone called Cassandra Barker.

1. As I had already cancelled I presumed this was an error and continued on my trip.

1. I heard nothing further until 5th November 2014 at 12.31 pm when I received an email (Exhibit D) from British Passport Services formally requesting my solicitor’s details and referring to an unpaid invoice for the sum of £117.60. I am unsure why they asked for my solicitor’s details as I had not been in contact with a solicitor at all, and hadn’t communicated at all with the Claimant since the 10^th June 2014.

1. Later that same day at 14.02 pm I received yet another email (Exhibit E) from them reminding me that I still had an outstanding unpaid invoice for the sum of £117.60

1. Three days later on 8th November 2014 at 19.32 pm I received yet another email ( Exhibit F) from British Passport Services reminding me that they still hadn't received payment from me for the outstanding sum of £117.60. It was only at this point, because of the spelling mistakes and awful grammar, in the email, that I realised that it wasn't Her Majesty's Passport Office in fact who was demanding money from me but a “Third Party” “Copycat” Company who had misled me with their official looking website.

1. I now strongly believe I was misled and deceived into understanding that I was dealing with the official HMPO service contrary to the Misrepresentation Act 1967.

1. At 9.33 am on Sunday 9th November I received a text (Exhibit G) from a ‘Sam Harris’ on behalf of BPS stating “ Morning Ivan, am stuck in traffic but will be in the office in 20 mins. Plz call 0203 701 2916 to discuss the issue then .Thanks Sam Harris”

1. I had not requested anyone telephone me or had any contact with the Claimant since June so this message somewhat confused me. I did not telephone Mr Harris.

1. On 12th November 2014 at 9.32 am and 20.03 pm I received another 2 emails (Exhibits H & I) again demanding money from me.

1. On 21st November at 11.02 am I received yet another email (Exhibit J) informing me that a “Compliance Team” meeting had been scheduled to discuss my case

1. On 24th November 2014 at 10.32 am, I got a text (Exhibit K) from the same mobile number as used by Sam Harris, but signing off as Charles Mercer, stating “ Good morning Mr Barker, I shall send you an email at ivanidea2001@yahoo.co.uk this afternoon once the committee has made a decision about what action to take in regards to the outstanding balance on you account. Charles Mercer. 0161 663 0072.”

1. On 25th November 2015 at 11.06 am, I received another text (Exhibit L) from the same mobile number stating “Mr Barker please check your email as soon as possible, I am afraid that I have some bad news for you. Now may be a good time to secure some free advice from the Downham Market Citizen's Advice Bureau.”

1. On 25th November at 11.05 am I received another email (Exhibit M) informing me of the outcome of their “meeting” stating that they would take me to court if they didn't receive the now increased sum of £134.60 from me within 14 days.

1. By now I had researched British Passport Services / UK Services and Support Ltd and realised, by the overwhelming amount of complaints on the internet and the scores of dissatisfied customers, that they were a well established “Copycat” Third Party Company who misled unsuspecting members of the public with their official looking website and charged large sums of money to make, what should have been free, Passport Office appointments for them. (Exhibit N)

1. I also discovered that another of the Claimant’s websites ‘UK Passport Offices’ was the subject of an Advertising Standards Authority adjudication (ref A14-273276) [Exhibit O] which found that the website breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.9 (Qualification) and 3.17 (Prices). The ASA required that the site be removed or changed.

1. At this point in time I had received so many texts, emails and phone calls from them, at all times of day and night and weekends, that I felt so harrassed, intimidated and bullied that I blocked their telephone numbers (they were using several different ones, landlines and mobiles ...For example: 0161 663 0072, 0203 6000 145, 07786200351, 0203 701 2916 ) and I marked their emails as spam.

1. I then received a registered letter (Exhibit P) dated 21st November 2014, from British Passport Services which was entitled “Formal notice of intended court action – Pre-Action conduct letter” threatening to take me to court if I didn't pay them. This included a 3 page letter, 2 copies of a Court Claim Form Example filled in with all of my details, a copy of the invoice, a copy of my input onto their website, and a list of ways to pay them.

1. At the beginning of January 2015 I received the claim form in this case (Exhibit Q) dated 29th December 2014, from Northampton Small Claims Court, which was claiming £145.60 plus £25.00 Court fee. I returned the form stating that I intended to dispute the claim and I was offered mediation services. I later heard from the mediation service but as I was not willing to compromise because it is apparent that I did not receive the service for which the claimant is claiming, it was referred to court for a hearing.

1. In addition to the £117.60 'service' fee, the claimant is claiming numerous 'overdue invoice' fees [EXHIBIT R] which amount to penalties under Common Law and which breach regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999.

1. I have since discovered that ALL of the information which I put on to the Claimant's website during my initial application, was, for several months, available to the public on the internet without any restraints – this included all of my personal details: full name, address, date of birth, place of birth, the date that my passport expires and my signature.
2. The Claimant, in making that Personal Data freely available through the internet, has breached the First, Second, Third, Sixth, Seventh, and Eighth Data Protection Principles, as set out in s.4 and Schedule 1 of the Data Protection Act 1998.

1. The Claimant has failed in its duty to comply with the Data Protection Principles, contrary to s.4(4) of the Data Protection Act 1998

1. The disclosure of the Personal Data, which has been disclosed on the Claim Form and has been made freely available through the internet, provides sufficient information to place the Defendant at serious risk of identity fraud. This disclosure of Personal Data and the risk of identity fraud has caused distress, which has come about by reason of the Claimant’s contravention of the requirements of the Data Protection Act 1998. The Claimant therefore claims compensation under s.13(1) and 13(2) of the Data Protection Act 1998.

1. I do not believe I have any liability to the Claimant. I received no services from the Claimant. I cancelled any agreement I was misled into entering into and had no intention to contract with the Claimant whatsoever.

I believe that the facts stated in this witness statement are true.

Signed

Dated

[Ivanidea666]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

Hi the text that I received from mr harris on the sunday morning wad completely random....to be honest during the time they were ringing regularly never ever answered a single phone call from them and unfortunately at some point I deleted call history ..the only correspondence from them that I've retained are texts and emails. ...cheers Ivan

[Amethyst]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

so this is correct then, good good

'' At 9.33 am on Sunday 9th November I received a text (Exhibit G) from a ‘Sam Harris’ on behalf of BPS stating “ Morning Ivan, am stuck in traffic but will be in the office in 20 mins. Plz call 0203 701 2916 to discuss the issue then .Thanks Sam Harris”




I had not requested anyone telephone me or had any contact with the Claimant since June so this message somewhat confused me. I did not telephone Mr Harris.''

[Amethyst]

Re: *** IVANIDEA v BPS... hearing 30th April .... directions/WS by 16th April

Exhibit R - is this http://www.legalbeagles.info/forums/...2&d=1424617008

Exhibit O - is a print out of this http://asa.org.uk/Rulings/Adjudicati...x#.VSlQypOuVV0

Exhibit N - I'll put something together for you now