** WON *** MAGOO v BPS - court date is 5th June 2015 *** WON **

[Amethyst]

contract and notice of issue
[MENTION=62194]Magoo[/MENTION]

[Amethyst]

Re:KAREN

Charges

[Amethyst]

Re: KAREN

I have received the notice of issue with a fee on for £25, I take the fee is for the form to be issued to me. I have no ideal how much they are charging me now, it was in April 2015 £117.60 and then again the same in November but with different charges on, not sure what the sum is now. I have never been on their website and will not go onto it. Have you noticed that no correspondence have any dates on? I found a small reference to the terms and conditions, apparently when you sign you opt out of the 14 day cooling off period, which I couldn't find on their terms and conditions at the time when I filled the form out. When were you first charged? It seems like they wait a long time so we might have all forgotten and destroyed all evidence.

from public forum for ref

[Amethyst]

Re: KAREN

Magoo - would you fancy talking to the press about this by any chance?

[Amethyst]

Re: KAREN

The appointment was made by BPS but in a random male first name - probably a male agent made the booking.

The appointment wasn't made till at least a week after Magoo went on the website - and after she'd already made her own appointment and picked up her passport.

Told them she didn't want an appointment BEFORE they booked her an appointment

Magoo didn't have the website listed in her browser history. And BPS have admitted she did not go on the website.


Magoo - have you or can you check your telephone records for April 2014 ? any 0905 type numbers on there ? Is the 0300 2220000 actual HMPO office number on there?

[Amethyst]

Re: KAREN

Hi Magoo xx

I've posted a draft defence on this thread
http://www.legalbeagles.info/forums/...447#post522447

All the ins and outs will go in the witness statement with copies of letters etc so really that is where you will make your case to back up the legal argument.

Have a look through anyway and shout any questions xx

Sharon

[Amethyst]

Re: KAREN

[MENTION=62194]Magoo[/MENTION] - how you getting on with this defence?

[Kati]

Re: *** MAGOO v BPS - claim issued 17th Feb ( defence due 25th march)

Just a heads up [MENTION=6]Amethyst[/MENTION]

I have today received a letter from the County Court Business Centre headed "Notice of Transfer of Proceedings" and now have to wait to hear from the court in Bristol who will allocate the claim to track and give case management directions.

Does this take time? and will this cost me anything when I go to court?

Thanks.

[MENTION=62194]Magoo[/MENTION] ... if you want to post on this thread (in the privacy of the vip section) go right ahead You don't have to post on the other (public) thread if you don't want to.
K x

[Amethyst]

Re: *** MAGOO v BPS - claim issued 17th Feb ( defence due 25th march)

''My court date is 5th June 2015 @ 11:00'' [MENTION=62194]Magoo[/MENTION]

[Amethyst]

Re: *** MAGOO v BPS - claim issued 17th Feb ( defence due 25th march)

FIRST DRAFT

Claim No. xxxxxxxxxxx

IN THE COUNTY COURT AT xxxxxxxxxxxxxxx
B E T W E E N:-


UK SERVICES & SUPPORT LTD
Claimant

and

xxxxxx
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________

I, xxxxxxxxxxxxxxxxxxxxxxxx will state as follows –

Please note that UK Services & Support Ltd are known to me as UK Passport Services and British Passport Services.

1 I am a Deputy Manager for Royal Mail and the defendant in these proceedings. I make this witness statement in support of my defence in this case.

2 In March 2014 I already had my application form completed to renew my passport but was saving up for the fee as I wanted to see my son in Greece who I had not seen for a year.

3 On Sunday 27th April 2014 I thought I would have a look at maybe going to Newport Passport Office and renewing my passport on the same day rather than posting.

4 I went onto the Government Website and put in passports as I was looking for making an appointment online. I then put in Passport Appointments into the Government site and a form came up which as I was already on the Government site I just thought was a Government application form.

5 I then completed the form with my personal details and three dates in May 2014 for an appointment and sent it off.

6 Monday 28th April 2014 I phoned up the Passport office in Newport and asked them about appointments and was told they could only be made by phone in the week you wanted the appointment. The person said if I sent the application form off that day I would have my passport back within three weeks, so on the 28th April 2014 I sent my application form off to the Government Passport Office.

7 On the 30th April 2014 I had a text from the Government Passport Office saying they had received my application and was processing it.

8 On Thursday 1st May around 3:00pm I received a phone call saying they were the Passport Office and I owed them £117.60, I replied “no” I had put my debit card details on the application form and I had already received a text saying you were processing my form.

9 The lady then said we are not the Passport Office but UK Passport Services, I replied Who Are You? I have never heard of you before. She then told me I had filled a form out online and they had been sending me e-mails that I had not replied to. I said I had no e-mails from that company, she then told me to look in my junk mail. I told her I do not open any junk mail and they all get deleted. I didn’t have see any of the e-mails I was told to go to karenpowell.settleinvoice.org.uk to see my invoice. It looked like they had my personal details on the internet, I did not look at this. I was concerned at this point that something didn’t sound right.

10 I then said I had never been on their website and didn’t know who they were, she told me that I didn’t need to go to their website as they have a link on the Government website. By this time I was very confused. Please note this link was removed in May 2014.

11 I was told they had made an appointment for me and I had to pay the £117.60 so I explained my application was already being processed and I didn’t need the appointment and asked when was the appointment made for? She would not tell me. See Exhibit A1 - the signed contract.

12 So on the 1st May 2014 four days after completing an application form on the Government website I was being charged for an appointment made but no date or time. She wouldn’t give me details so I told her to cancel it I exercised my right to cancel the alleged Distance Contract under Regulation 29 of the 2013 Regulations, and within the Normal Cancellation Period under Regulation 30 of the 2013 Regulations. I was then told that I could not cancel this and I had to pay the £117.60.

13 After the conversation I then goggled this Company British Passport Services/UK Passport Services Ltd (when I spoke to them they said they were UK Passport Services but correspondence was from British Passport Services and was stocked at what I found. UK Passport Services were a scam company in making people think they were the Government Office.

10. From the 1st May to the 12th May 2014 I asked them when this appointment was for on a number of occasions by phone, please note I had a new phone in September 2014 so do not have any call logs or texts. I phoned the Newport Office and was told that there was no appointment and if there was I would have a reference number and I would have had to phone to get an appointment. I told Newport Office about UK Passport Services/British Passport Services and their reply was they were fed up with these scam sites and they had nothing to do with them.

11 On the 12^th May 2014 I received an e-mail at 10:25 saying I was claiming there was no appointment but no where in the e-mail does it state when the appointment was for. See Exhibit B1 e-mail from 7818@moon-ray.com Amanda Kirkman Disputes Team @ British Passport Services. These e-mails were going into my junk mail.

11 On Monday 12th May 2014 late in the evening I received a text from British Passport Services giving me the date and time of my appointment which was for Saturday 17th May 2014 @ 11:00 with a reference number. I received through the post a letter confirming this which arrived on Friday 16^th May 2014 with no date on the letter. See Exhibit C1.

13 On the 13th May I phoned Newport Office with the reference number and cancelled the appointment. I was told that the appointment was for Joseph Powell of 39 Butlers Close BS5 8AW and phone number 07584323255. I told them my name was Karen Powell and I lived at 39 Butlers Close and the number was my phone number but I did not make the appointment. I asked when the appointment was made and was told on Monday 12th May 2014. This was 11 days after I told them I did not need an appointment and over two weeks from the date they said the appointment was made.

14 On the 15th May 2014 @ 12:17 pm I e-mailed British Passport Services asking who was Joseph Powell using my name, address and phone number. Telling them I had cancelled the appointment but was concerned about who from their company was “Joseph Powell” living at my address and having the same phone number as myself. See Exhibit D1.

15 I received an e-mail from Complaints at British Passport Services on the 20th May 2014 not answering my questions from my e-mail sent on the 15th May 2015 but just asking me to call John James, I never replied and this was the last communication with British Passport Services.

16 On the 20^th May 2014 @ 10:04 I received an e-mail saying “Please call John James on 0845 652 5480 “ to resolve this matter. See Exhibit E1, e-mail from British Passport Services and my reply.

17 I do not have a copy of the original invoice which would have been dated 27^th April 2014. Please see Exhibit F1, invoice from British Passport Services dated 14^th November 2014, the total £117.60 address in London.

Invoice breakdown –

• Booking fast track service £10.00

This was booked after first invoice issued &
after I told them I did not need the appointment

• Use of online appointment booking form £10.00

No ideal what this is?

• SMS,Email & Letter Confirmation £10.00

Letter sent after telling them I do not want
The appointment that had not been made yet.

• Checking online form for errors £8.75

This is apparently the same service the Post
Office offers for checking passport
applications. They did not have my
application so was unable to check for errors.

• Directions to the passport office £10.00

What directions, I had no directions.

• Emergency travel document card £10.00

What is an emergency travel document card?
I did not receive one.

• 30 minute telephone conversation £14,25

They phoned me once and it was not
30 minutes, they kept asking me to phone
0800 numbers.

• Webchat, email, 24hr helpline access £20.00

I have never been on their website and
do not know anything about a helpline?

• Having 04 passport form posted £5.00

Never received a form, my form had already
been posted to the official passport office.

• Passport photos, driving licence, theft

Protection & other vouchers £0.00
Do not know what this is?

A total of £117.60


17. I had no communication from British Passport Services from 20^th May 2014 to the 14^th November 2014.

1. On the 14^th November 2014 @ 02:42 I received an e-mail saying I had not paid the £117.60. I had three days to pay this amount. No date for this invoice amount. See Exhibit G1 – email.

19 I replied on the 14^th November 2014 @ 14:34 attaching my e-mail sent to them on the 20^th May 2014 asking who was “Joseph Powell”. See Exhibit H1 – e-mail.

20 On the 20^th November 2014 @ 7:46 I sent British Passport Services an e-mail attaching copies of comments I found on the internet about their company. See Exhibit I1 – e-mail.

21 21^st November 2014 @ 02:59 I received another e-mail stating they were passing my details onto the Overdue Invoices Team and signed Sam Harris. See Exhibit J1 – e-mail.

22 21^st November 2014 @ 09:32 I received another e-mail saying this was my final day to make the £117.60 payment. See Exhibit K1 – e-mail.

23 From the 14^th November until January 2015 I received a number of phone calls from British Passport Services, they were all recorded messages, saying they would send the bailiffs round, the police and take me to court and make sure my credit rating goes down. One day in December 2014 I received one of these calls at 12:00 midnight on a Saturday night. I then blocked all numbers from them as I was getting very distressed with the threats. I also blocked their e-mails.

24 16^th February 2015 I received in the post another invoice now dated 16^th February 2015 10 months after the original payment was asked for, the amount now was for £197.60 with £80 added charges on, no breakdown on what these charges are for. Please note that the address is now in Manchester as previously it had been London. See Exhibit L1 – invoice.

25 The Claimant now UK Services & Support Ltd had asked for a Notice of Issue in the County Court Business Centre.


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


xxxxxxxxxxxxxxxxx

Signed ________________________


Dated ________________________

[Magoo]

Re: *** MAGOO v BPS - court date is 5th June 2015 - WS by 1 May ???

Hi, I know you gave me the address in London 12 Deer Park but on his website now he has the address in Manchester, should i send it to London and what if he isn't at that address? Would he tell the court I haven't sent the witness statement?
Sorry to be a pain. xx

[EXC]

Re: *** MAGOO v BPS - court date is 5th June 2015 - WS by 1 May ???

Hi, I know you gave me the address in London 12 Deer Park but on his website now he has the address in Manchester, should i send it to London and what if he isn't at that address? Would he tell the court I haven't sent the witness statement?
Sorry to be a pain. xx

Hey no problem Magoo.

I'm going to confuse you now lol.

Don't use the Manchester address, it's just a mailing address that he used to use and was kicked out of there, even though it still appears on his website.

Although 12 Deer Park is the registered address for the company, that's just a mailing address too.

The actual address is Suite 11, 8 Deer Park Road, London, SW19 3GY so use that one.

[Amethyst]

Re: *** MAGOO v BPS - court date is 5th June 2015 - WS by 1 May ???

I'll confuse you even more... it was the Hatton Garden, London address he was kicked out of....he now uses the Manchester address... but the registered office is 12 Deerpark Road.... and he actually sits and works in the 8 Deer Park Road address.

HOWEVER for service of documents, such as the Witness Statement - it needs to go to the correspondance and documents address on the claim form, which is the 12 Deer Park Road address, and everything court wise should be sent to the official address as given to the court.

(though if you have already sent it to the 8 Deer Park Rd address it will be okay - just officially it should go to the address on the claim form)

[Magoo]

Re: *** MAGOO v BPS - court date is 5th June 2015 - WS by 1 May ???

Yes i'm now getting really confused - I've gone through all the court letter and not one has an address for him. The notice of issue has my name and address in the box. I haven't sent anything yet. I'm going to go to the court tomorrow with my statement and was going to send his on Wednesday to get there on Thursday. So should I send to 12 Deer Park Road or 8 Deer Park Road if that's where he is? Or should I phone the court and ask them? I hope all this will be worth it LOL xx

[Amethyst]

Re: *** MAGOO v BPS - court date is 5th June 2015 - WS by 1 May ???

lol, it will be....

forgot yours was one of the claims where he put the defendant's address in the box - if you feel like ringing the court and checking with them that would be a good ideal, you can also ask them if you can file the courts copy by email if you wish, save on postage - but otherwise I do think 12 Deer Park is safest as that is the 'formal' address he uses and we know documents get to him from there.