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Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July
Will come back to this and add in the ASA bits .... we have some time. can you fill in around paragraph 5 though - did your daughter get an appointment and her passport another way ?
IN THE xxxxxxxxxxxxxxxCOUNTY COURT
B E T W E E N:-
UK SERVICES & SUPPORT LTD
Claimant
and
xxxxxxxxxxxxxxxxxxxxxxxxxx
Defendant
____________________________________________
WITNESS STATEMENT
____________________________________________
I,xxxxxxxxxxxxxxxxxxxx, of address address address will state as follows;
1. I am a XXX STUDENT ?XXXX at xxxxxxxxxxxxxxxxxxxxxxxxx and the defendant in these proceedings. I make this witness statement in support of my defence in this case.
2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.
3. I am a litigant in person.
4. On the 26 March 2014 I needed to renew my passport as I was going to Spain in May. I searched for 'passport renewal' and the first site I came across was the British Passport Services site. It looked like an official Government site and so I started to fill in the form, there were a few sections to click through and part way through I realised that the site may not be an official site and left the site, looking for the correct HM Passport Website. I did not give any payment details.
5. I found the correct contact number for the HM Passport Office, called them and booked an appointment with them. The only information I needed to give to the HM Passport Office was my name and contact mobile number.
6. On the 26 March 2014 at 1-39pm I received an email stating that the Claimant could not book an appointment for me until payment was received (Exhibit A) I thought that was okay as I did not wish the Claimant to book me an appointment. I did not respond to the email.
7. On the 26 March 2014 5-18 pm I received an email stating that an appointment had been booked. (Exhibit B). As I had already booked an appointment directly with the HM Passport Office myself, and had not instructed the Claimant to book an appointment, nor made any payment to them, I ignored their email.
8. I spoke to my father and he did some research and realised that the site was a scam and told me to ignore all communication from the site. He told me that the Claimant had previously been involved in a premium rate telephone number scam and so I did not respond to any of their texts in case I was charge an excessive amount.
9. On the 28 March 3-18 pm I received an email stating that I owed £117.60 (Exhibit C)
10. During April I received several phone calls and texts demanding the money. I deleted the texts and after the first call I blocked the number.
11. I didn't hear anything from the Claimant after May 2014 until November 2014 when the texts demanding money started again. ( Exhibit D, E,F)
12. On 19 November 2014 9-33 am I received an email saying that it was the final day for me to pay. It contained a link to an invoice and a link to a signed contract. ( Exhibit G). I did not look at the link as I suspected it may contain a virus. When my father did look at it later it was dated 5 February (Exhibit H). The claimant has sent a further invoice dated June 9th (Exhibit I).
13. On 6 February 2015 I received notification that UK Passport Services was lodging a court claim. The claimant's statement of case said that he would send separate detailed particulars within 14 days of service of the claim form.
14. I did not receive any further particulars.
15. On the 17 February 2015 I filed my Acknowledgment of Service.
16. On the 3 March 2015 I filed my defence.
17. RESEARCH _ ASA _ OTHER CLAIMANTS ETC ETC
eg
I believe the facts statement in this witness statement are true;
SIgned ___________________
Dated ______________________
Will come back to this and add in the ASA bits .... we have some time. can you fill in around paragraph 5 though - did your daughter get an appointment and her passport another way ?
IN THE xxxxxxxxxxxxxxxCOUNTY COURT
B E T W E E N:-
UK SERVICES & SUPPORT LTD
Claimant
and
xxxxxxxxxxxxxxxxxxxxxxxxxx
Defendant
____________________________________________
WITNESS STATEMENT
____________________________________________
I,xxxxxxxxxxxxxxxxxxxx, of address address address will state as follows;
1. I am a XXX STUDENT ?XXXX at xxxxxxxxxxxxxxxxxxxxxxxxx and the defendant in these proceedings. I make this witness statement in support of my defence in this case.
2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.
3. I am a litigant in person.
4. On the 26 March 2014 I needed to renew my passport as I was going to Spain in May. I searched for 'passport renewal' and the first site I came across was the British Passport Services site. It looked like an official Government site and so I started to fill in the form, there were a few sections to click through and part way through I realised that the site may not be an official site and left the site, looking for the correct HM Passport Website. I did not give any payment details.
5. I found the correct contact number for the HM Passport Office, called them and booked an appointment with them. The only information I needed to give to the HM Passport Office was my name and contact mobile number.
6. On the 26 March 2014 at 1-39pm I received an email stating that the Claimant could not book an appointment for me until payment was received (Exhibit A) I thought that was okay as I did not wish the Claimant to book me an appointment. I did not respond to the email.
7. On the 26 March 2014 5-18 pm I received an email stating that an appointment had been booked. (Exhibit B). As I had already booked an appointment directly with the HM Passport Office myself, and had not instructed the Claimant to book an appointment, nor made any payment to them, I ignored their email.
8. I spoke to my father and he did some research and realised that the site was a scam and told me to ignore all communication from the site. He told me that the Claimant had previously been involved in a premium rate telephone number scam and so I did not respond to any of their texts in case I was charge an excessive amount.
9. On the 28 March 3-18 pm I received an email stating that I owed £117.60 (Exhibit C)
10. During April I received several phone calls and texts demanding the money. I deleted the texts and after the first call I blocked the number.
11. I didn't hear anything from the Claimant after May 2014 until November 2014 when the texts demanding money started again. ( Exhibit D, E,F)
12. On 19 November 2014 9-33 am I received an email saying that it was the final day for me to pay. It contained a link to an invoice and a link to a signed contract. ( Exhibit G). I did not look at the link as I suspected it may contain a virus. When my father did look at it later it was dated 5 February (Exhibit H). The claimant has sent a further invoice dated June 9th (Exhibit I).
13. On 6 February 2015 I received notification that UK Passport Services was lodging a court claim. The claimant's statement of case said that he would send separate detailed particulars within 14 days of service of the claim form.
14. I did not receive any further particulars.
15. On the 17 February 2015 I filed my Acknowledgment of Service.
16. On the 3 March 2015 I filed my defence.
17. RESEARCH _ ASA _ OTHER CLAIMANTS ETC ETC
eg
41. On researching how to deal with a County Court claim I discovered The claimant also owns other websites that are very similar to www.britishpassportservices.co.uk, including www.ukpassportoffices.co.uk, which was the subject of an Advertising Standards Authority adjudication (ref A14-273276) (Exhibit M) 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.
42. That website is still live and at the time of the adjudication looked exactly the same as the website BritishPassportServices (Exhibit N). Although the ASA Adjudication is under appeal by the claimant I have confirmation from the ASA that the ruling still stands (Exhibit O)
43. I also found various online discussion forums such as LegalBeagles and MoneySavingExpert and found reports by respected media establishments like Mail on Sunday, www.which.com and www.thisismoney.com. (Exhibits P,Q,R,S,T)
44. It is my thoughts that the large number of people who are misunderstanding and complaining about this website clearly demonstrates that the website is very easy to misinterpret as the official HM Passport Office.
45. I also found that many other people have been threatened with, or received court papers from the Claimant. It appears many are paying when threatened with court action because they are afraid, do not have time or don’t understand that they can fight the case.
46. British Passport Services display details for all the cases they have won on their website (Exhibit U) I am aware that the Claimant, despite having bought hundreds of claims against consumers since December 2014, has only attended one hearing. All of the Judgments listed on the Claimants website are either settled on receipt of the court papers or a default judgment is entered.
47. This was case B7QZ6275 at Cambridge County Court on 7th May 2015 before Deputy District Judge Raggett.(Exhibit V) The Judge found against the Claimant due to his website being misleading.
48. I am aware of two further hearings where the Court found against the claimant, in similar circumstances, however the Claimant did not attend those hearings.
49. I am also aware that the Claimant has discontinued a number of cases shortly before the hearing.
42. That website is still live and at the time of the adjudication looked exactly the same as the website BritishPassportServices (Exhibit N). Although the ASA Adjudication is under appeal by the claimant I have confirmation from the ASA that the ruling still stands (Exhibit O)
43. I also found various online discussion forums such as LegalBeagles and MoneySavingExpert and found reports by respected media establishments like Mail on Sunday, www.which.com and www.thisismoney.com. (Exhibits P,Q,R,S,T)
44. It is my thoughts that the large number of people who are misunderstanding and complaining about this website clearly demonstrates that the website is very easy to misinterpret as the official HM Passport Office.
45. I also found that many other people have been threatened with, or received court papers from the Claimant. It appears many are paying when threatened with court action because they are afraid, do not have time or don’t understand that they can fight the case.
46. British Passport Services display details for all the cases they have won on their website (Exhibit U) I am aware that the Claimant, despite having bought hundreds of claims against consumers since December 2014, has only attended one hearing. All of the Judgments listed on the Claimants website are either settled on receipt of the court papers or a default judgment is entered.
47. This was case B7QZ6275 at Cambridge County Court on 7th May 2015 before Deputy District Judge Raggett.(Exhibit V) The Judge found against the Claimant due to his website being misleading.
48. I am aware of two further hearings where the Court found against the claimant, in similar circumstances, however the Claimant did not attend those hearings.
49. I am also aware that the Claimant has discontinued a number of cases shortly before the hearing.
I believe the facts statement in this witness statement are true;
SIgned ___________________
Dated ______________________
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