* WON * HENDRIX v British Passport Services!!! - 23rd JULY *WON*

[Amethyst]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

That's their problem, basically xx They are around, using live chat etc, and 12 Deer Park is a forwarding address anyway ( they are actually based at 8 Deer Park) - but that is the address they give to the courts, so that is where documents go to.

[Amethyst]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Witness Statement for reference

Claim No. B4QZ703H
IN THE GATESHEAD COUNTY COURT
B E T W E E N:-
UK SERVICES & SUPPORT LTD
Claimant
and

xxxxxxxxxxxxxxxxxxxx
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________
I, xxxxxxxxxxxxx, of xxxxxxxxxxxxxxxxxxxxxxxxxxxx will state as follows;

1. I am a part time receptionist at a local opticians and the defendant in these proceedings. I make this witness statement in support of my defence in this case. I am a litigant in person.

2. On Friday 25th April I found myself in a position where I needed to obtain a new passport for my daughter.

3. I used the post office at Durham Road, Birtley, Co. Durham ‘Check and Send’ service to apply for my daughter's passport and was advised by the staff that the application would be back in time for our planned holiday.

4. As it got nearer to the date of travel I became concerned that we might have a problem as I still did not have the passport back and I heard on the news that there was a backlog at the passport office.

5. I called the passport office to track the passport application. I was advised that I would receive a call back within 48hours.

6. With no returned call after 48 hours I called the passport office again. But they still could not give me any date for the passport only that they had a huge backlog but again I would get a call back within 48 hours.

7. However after numerous calls to the passport office and also call backs from the passport office. I was no further forward to an answer as to the date I could expect to receive the passport.

8. I then asked the passport office would it expedite things if I came into the local office at Durham to collect the passport in person.

9. I was advised by the passport office that I would not be able to have an appointment as the passport was already in the system. I asked could I just turn up on spec at the passport office and speak to someone in person. The passport office call centre advised that I could not do this and that I would not even be able to gain access to the building.
10. However as I was desperate I decided to go to the local passport office at Durham and see if I could speak to someone.

11. I went to the Durham office Saturday 31st May without an appointment. I waited for over 4 hours to see a member of staff.

12. The lady I saw at the desk advised that I had nothing to worry about and that the passport had been dispatched.

13. I received the passport by post on Monday 2nd June 2014.

14. A day or 2 later I then received a text message from a sender named "Passport". This appeared to be from the same sender that I had received confirmation of receipt of my passport application (EXHIBIT A)

15. I called what I believed to be the passport office using the number from the "passport" text sender. The lady I spoke to advised that they had an invoice outstanding for an appointment I had made at the passport office.

16. Still believing that I was speaking to the passport office. I disputed this matter and advised that I had spent over 4 hours sitting in the passport office waiting to see someone because I was advised that I would not be able to make an appointment.


17. It was at this point that the supposed passport office lady became nasty on phone. She advised that I had completed an online form and signed it and that she would be calling the police on the matter. I told her that she should call the police as I had not completed or signed any form.

18. At this point the supposed passport office ended our call she put the phone down on me. After she hung up on me I began to think that it was not the actual passport office I had been speaking to.

19. I called the official passport office to advise them of the text and call. The passport office told me that this was some kind of fraud and that I needed to notify the police.

20. I called the police who advised that I call action fraud helpline and ignore any future correspondence from the supposed office.

21. I called Action Fraud and they wrote to be to confirm my complaint had been logged (EXHIBIT B)

22. After this I was bombarded with texts from UK Passport Services. I called the action fraud line, who advised that I ignore all correspondence with the claimant.

23. I have continued to ignore all correspondence from the claimant, but became increasingly worried by the threatening texts.

24. In November 2014 I started to receive emails and then postal threats of court action.



25. The amount that they claimed I owed for services they did not provide also increased from £117.60 to now £247.60. I never asked for any of their services nor did I receive any services from the claimant.

26. I received a print out from UK Passport Services showing what they claim to be my signature (EXHIBIT C). I totally deny entering any information or signing anything on the Claimant’s website and can honestly say that it is a forged signature.

27. I did not enter into any contract with the Claimant and did not require their services at all. I believe the Claimant may have obtained my details on one of the occasions I telephoned what I thought was the HMPO when checking the status of my daughter’s passport application.

28. At no time in any of the telephone calls I made to the HMPO was I made aware I was speaking with any third party.

29. I received the County Court Claim in this case in xxxxxxxx 2015.

30. 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 D) 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.

31. That website is still live and at the time of the adjudication looked the same as the website BritishPassportServices (EXHIBIT F). The Claimant appealed the ASA Adjudication and asked for an independent review. On 1st July 2015 the ASA published their findings and the original adjudication was upheld (EXHIBIT E)

32. I submitted my acknowledgement of service in xxxxxxxxxx 2015

33. I submitted my defence in xxxxxxxxxxx 2015

34. Since submitting my defence I have become aware of a number of other consumers who have been sued by the Claimant. The Claimant published a list on his website of over 170 consumers who had either settled or received a judgment by default.

35. I am aware that the Claimant has bought over 770 county court claims against consumers between November 2014 and March 2015 (EXHIBIT G) A majority of these claims appear to have been settled or resulted in a Judgment by Default.

36. The Claimant has only appeared in one hearing, UK Services & Support v Alexander Yates, and I have attached a copy of the Judgment given in that case (EXHIBIT H).This was case B7QZ6275 at Cambridge County Court on 7th May 2015 before Deputy District Judge Raggett. The Judge found against the Claimant due to his website being misleading.

37. I am aware that there have been a number of unreported cases in the County Courts which have been dismissed by the Court or found in favour of the Defendant (EXHIBIT I)

38. BritishPassportServices (“BPS”) is the trading name of UK Services & Support Ltd. BPS are said to provide certain services relating to obtaining a UK Passport. However, the reality is the Her Majesty’s Passport Office (“HMPO”) is the sole issuer of UK Passports and BPS simply arrange an appointment at HMPO, something which individuals can easily arrange themselves for free by telephoning the HMPO directly on 0300 222 0000. I had no need to use any services of the Claimant as I had already applied for my Daughter’s passport and had no need of an appointment or any other services.

39. The Claimant appears to have taken my details from a telephone conversation and invented a contract/agreement to suit its own purposes.

40. It is denied that I am indebted to the Claimant as claimed, or at all.

I believe the facts stated in this witness statement to be true.

Signed ___________________________
Dated 07th July 2015

[Amethyst]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Might be an idea to speak with the court today ( this afternoon be best in case anything shows in post this morning) to a) check if claimants witness statement arrived and b) if the case is going ahead (eg if they have received a notice of discontinuance or anything ).

[Hendrix]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Hi, Laura checked with court on Friday and they hadn't received anything. They also said we definitely had to attend on the 23rd.

[Amethyst]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Okay good stuff. Do you want to submit skeleton arguments or will you be happy just going through it on the day ? If BPS haven't submitted witness statements then they should lose for non compliance with the court order anyways. I think your case is pretty damn clear that there was no valid contract - and that you had no need for BPS whatsoever, so I don't think you need complicate matters with a full legal argument.

[Hendrix]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Yeah I think we will just go through it on the day. Will let you know asap on Thursday how it goes. Many thanks, you've been a great help.

[Amethyst]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

No worries xxx Best of luck and please do let us know how you get on.

Don't forget to ask for your costs at the end ( if the judge doesn't bring it up) - you can claim for lost day of work, travel, parking etc.

[Hendrix]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

We have just managed to get a copy of the check and send receipt from our local post office proving that's how we applied for the passport. Will we be able to use it tomorrow as we didn't have it in time for the witness statement? Our argument is if that's how we applied for the passport why would we be using BPS. The receipt is dated 25th April 2015, bps didn't rear their ugly head till June .... Long after our passport was applied for and just after we actually received the passport! I'll email the receipt just so you can see.

[Amethyst]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

If the other side attended they could argue against you using it, but as they won't attend and it is only small claims the judge should be quite happy to have a look at the receipt.

[EXC]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Good luck today Hendrix, not that you should need it. You'll be fine.

[Amethyst]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Best of luck xxxx Look forward to hearing how you get on later

[Kati]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Good luck from me too xx

[Hendrix]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

We won!!!!!!

[EXC]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Excellent well done!!!

When you get the chance tell us what happened.

[enaid]

Re: HENDRIX v British Passport Services!!! - 23rd JULY COURT DATE -

Massive well done x Costs?