*** DISCONTINUED *** Yokohama v BPS - hearing 24th July- docs by 10th July

[EXC]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

[MENTION=6]Amethyst[/MENTION] is away for a couple of days so I'll ask her to take a look when she's back.

[yokohama]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

ok thanks

[yokohama]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

[MENTION=6]Amethyst[/MENTION] Hi not sure if you are back yet. If you could have a quick look at this i would be very grateful. Will send it off later today

[Amethyst]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

Hiya, thansk for the nudge - will have a read with a coffee, couple bits I want to add so give me an hour or so xxx

[Amethyst]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

IN THE OXFORD COUNTY COURT

B E T W E E N:-


UK SERVICES & SUPPORT LTD
Claimant

and

xxxxxx
Defendant

____________________________________________
WITNESS STATEMENT
____________________________________________

I, xxxx of address xxx will state as follows;

1. I am a 1st Year student at xxxx University 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 the 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 directly in order to renew my passport. 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 and presumed that would be the end of the matter.

7. On the 26 March 2014 5-18 pm I received an email stating that an appointment had been booked (Exhibit B) contrary to the Claimant's earlier email that an appointment would not be booked unless I made payment. 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. It is my understanding that HMPO do not take bookings from 3rd parties so if BPS did make an appointment for me it would have been using a false name.

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 (Phonenumbers4U) 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). The text dated 12 November 2014 said the balance I owed was £117-60. The text on 17 December 2014 said I owed £117-60 and the text on 31 December 2014 said I owed £131-90.

12. On 19 November 2014 9-33 am I received an email (Exhibit G) 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. I did not look at the link as I suspected it may contain a virus. My father did click on the link on or around 6 February 2015. The invoice showed that I owed £197-60 and it was dated 5 February 2015 (Exhibit H). My father clicked on the link again on or around 12 June 2015 and the date on the invoice had changed to 9 June 2015 although the amount was the same. (Exhibit I)

13 The link to a signed contract (Exhibit J) contained all my personal details. I have since found out that these details were accessible by anyone on the internet and that this may have been in breach of the Data Protection Act.

14. On 6 February 2015 I received notification from the Court that the Claimant 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.

15. I did not receive any further particulars of claim in breach of CPR 3.2

16. On the 17 February 2015 I filed my Acknowledgment of Service.

17. On the 3 March 2015 I filed my defence.

18. 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 K) 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. The initial review was for the website as it appeared on 8 July 2014. The Claimant did not accept the ASA's adjudication and submitted a request for an independent review. This led to the adjudication being upheld on 1 July 2015.

20. In a similar case to mine. Case B7QZ6275 at Cambridge County Court on 7th May 2015 before Deputy District Judge Raggett .(Exhibit L) The Judge found against the Claimant due to his website being misleading. The UKpassportoffices.co.uk website was deemed by Deputy District Judge Raggett at Cambridge County Court to be in an extremely similar format to the BPS website.

20. I also found numerous complaints about the Claimant across various online discussion forums such as LegalBeagles and MoneySavingExpert. I am aware of nine claims bought by the claimant that have been heard by the Court to date. All have been found in favour of the Defendant.

21. British Passport Services displayed details for all the cases they have ''won'' on their website. 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.

22. I believe that the large number of people who have misunderstood and complained about this website clearly demonstrates that the website is very easy to misinterpret as the official HM Passport Office.

23. 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.

24. On 26 June 2015 National Trading Standards arrested 5 people in connection with an investigation into copycat websites. I have since been informed that Richard Howard (the Claimant) was one of those arrested (Exhibit N,O). He has been released without charge while investigations continue.

25. The Claimant has made over 772 claims across the county since November 2014. Only 9 claims have been heard to date and the Claimant’s claim has been dismissed in each one. A further 16 cases are listed for hearing at courts throughout the UK, and many others are awaiting a court date. The Claimant has, to date, attended only one hearing in Cambridge County Court.

26. I would respectfully request the court records the claimant’s statement of case as being totally without merit and drafts the order to reflect that fact and I invite the court to consider making a Civil Restraint Order against the claimant.


I believe the facts statement in this witness statement are true;

SIgned ___________________

Dated ______________________



Possibly add something like this

[Amethyst]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

These are the cases that have won so far - all unreported ( as in they are in county court )

UK Services & Support Ltd v Ivan Barker - Kings Lynn - A4QZ83C3
UK Services & Support Ltd v Alex Yates - Cambridge - B7QZ6275
UK Services & Support Ltd v David Vaughan - Pontypridd - A4QZ57C3
UK Services & Support Ltd v Chris Parkinson - Weston Super Mare - B3ZQ2336
UK Services & Support Ltd v Ethan Wainwright - Barnsley - B4QZ8135
UK Services & Support Ltd v Karen Powell - Bristol - B2QZ182E
UK Services & Support Ltd v Dominic Ogden - Reading - B1QZ778D
UK Services & Support Ltd v Dawn Woodland - Taunton - B3QZ466G
UK Services & Support Ltd v Marianne Bainvel - Cheltenham - B9QZ842F

[yokohama]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

thats great thanks will send it off today. the civil restraint order will presumably stop him taking further court action- has anyone tried that clause yet

[Amethyst]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

Nope, it's a bit of a wing - but don't ask, don't get. Really we need courts to include that the claim is without merit in a few cases to be able to apply for a general Civil Restraint Order - as it is usually only where more than one application has been entered at one particular court - we haven't yet had two cases in the same court unfortunately - I think include that list of judgments and copies of the ones I have linked to may assist too.

Have you got all the exhibits together to go with it okay ?

We will do a skeleton argument nearer the time as well - if you look at Scammed's thread is on there which seemed to work this morning in cheltenham.

[yokohama]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

I have all the exhibits and will put the other cases in. What is a skeleton argument?

[EXC]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

A skeleton is technically a summary of your defence. It's optional to file one but it comes in handy if you want to counter arguments made in the claimant's witness statement.

[Amethyst]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

Skeleton just gives the court a better guide to the legal arguments so the judge can pretty much make a decision before the hearing - Scammed's is http://www.legalbeagles.info/forums/...871#post556871 - it can go to the court a couple days before the hearing ( it isn't always necessary, depends on other sides WS really, so we'll see nearer the time how the land lays )

[yokohama]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

got it thanks

[yokohama]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

Just had an email from "Amanda" saying that they were discontinuing the action due to Exhibit A. From memory that was the email received from BPS saying they would not book an appointment until payment was made. We are on holiday at the moment but I will check with the court that they have withdrawn

[Amethyst]

Re: *** Yokohama v BPS - hearing 24th July- docs by 10th July

ooo lovely xxx Yes check with court that they have filed a notice of discontinuance when you're home. It has to have been filed with court before tomorrow to avoid any costs.

[yokohama]

Re: *** DISCONTINUED *** Yokohama v BPS - hearing 24th July- docs by 10th July

Just checked with the court and the case has been discontinued. I was told I could still apply to the Judge for costs/compensation if I wanted to