** DISCONTINUED ** lind01 v BritishPassportServices - - 20th August 2015

[Amethyst]

[Amethyst]

Re: lind01 v BritishPassportServices - claim issued 4th March

Acknowleged 11/ 3/ 15

[Amethyst]

Re: lind01 v BritishPassportServices - claim issued 4th March

Can you post a bit of background so we have an idea of your case - how you came to use BPS, whether you actually had an appointment , if you tried to cancel, how much they have bugged you since and so on.

Once we have the basic facts we can start putting them together with the legalish arguments in a defence. Your defence is due before 6th April xxx

[lind01]

Re: lind01 v BritishPassportServices - claim issued 4th March

Hi

Thank you for getting back to me, I'm so grateful for all your help.

I booked a holiday for me and my 2 daughters in travel agent to go to Egypt on 25th May 2014. When I checked our passports my eldest daughters only had 3 months on it, so contacted the travel agents who said they would see if that was enough for us to get into Egypt with. So I looked up on Google "emergency passport renewal' at the top of the page came up 'British Passport Services'. I then filled out the details, but when I got to the payment part I didn't feel comfortable that this site was an official GOV.UK, so I didn't carry on submitting and clicked out of the site and thought no more of it. I then went off on holiday on the 25th May 2014 and had no probs getting in with only 3 months on her passport.

On the 17th December 2014 i received a txt message on my mobile from Passport Office, saying "We have sent you an important e-mail about an outstanding balance of £117.60 on your account, please reply as soon as possible. Katie Smith". I then called the number which was on the text and when I got through I asked to speak to Katie Smith. I was then asked for my mobile number, which I gave and thought this was very odd!! The man on the other end then said that I owe this amount and should pay immediately, I asked him what this was for because I didn't owe the Passport Offices any monies. He then reeled off all my daughters details like her place of birth and dob and also our home address. I said I owed nothing and that I had renewed her passport by the post and that he was scamming and a dodgy company and that I was going to contact the police, he then became very aggressive and threatening and told me that in the next couple of day I should expect people to my address to collect goods from my house for the debt I owed. I told him not to threaten me and asked him pass me over to his supervisor. He told me I couldn't speak to anyone only him, and that I should pay up of else, so I ended the conversation and called the official passport office, who told me I owed nothing and not to pay them and to contact the police, which I did.

From 17th dec 2014 - 22nd Jan 2015 I received messages telling me I should pay or expect court proceedings and that I now owe £139.10. I then had letters sent saying I had agreed to a contract and that I should pay by a link 'LindaT.settleinvoice.org.uk or by post etc. When I looked at the lists of which I had apparently agreed to, it had the dates which they had arranged for me which stated I was traveling out on the 25th May 2014 and they had made appointment for me at the London passport on the 29th May 2014 :tinysmile_cry_t:.

I was then sent Claim Form which with your help I've acknowledge and I :mad2:now owe then £202.60.

I will now fight this all the way and with your help defend, because there is no way I'm prepare to let this scamming company who think that by bulling and threaten me are going to get a penny.

look forward to hearing from you
many thanks
Linda x

[EXC]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

Hi Lind01

Thanks for the summary, that's helpful.

We'll need to start working on your defence for which we have a basic template with the legal arguments but just need to add in your particular circumstances.

Can you tell us:

1) So you had no communication from them between when you first went on to the site in May until December?

2) How did you contact the police (phone?) and what was their response?

3) Do you still have any of the texts/e-mails from them?

[lind01]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

Hi Exec

I had no contact with them until 17th Dec.

I called my local station who then directed me to fraud department, which I got a crime ref no and was told that I should not make any payments to the company.

Yes I do still have the 4 txt messages that was sent to me. I never ever did get any e-mails from them although in 2 of the txt mess it says that they have sent e-mails to me :tinysmile_hmm_t2:

Thank you again for helping, feeling positive. Someone else I heard has now got a court date in May, so looks like these scumbags are going all the way. Richard Howard should be re-named Dick Turpin

[EXC]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

I called my local station who then directed me to fraud department, which I got a crime ref no and was told that I should not make any payments to the company.

The crime number should come in handy, do you have their advice not to pay them in writing by any chance?

[lind01]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

I will go through my paperwork and find the letter sent to me and then scan it to you if that helps.

[lind01]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

Hi there Exc

Just gone through some paperwork and have the crime ref number - NFRC1414200879525.

The person that I spoke to on the phone on the 17th Dec 2014 was John Abraham and he had an asian accent, he told me that I could contact the company at
88-90 Hatton Garden,
Holborn
EC1N 9PG

When I looked up the address the company didn't excised there, so I couldn't I have had no way of contacting them. He did give me their head office number which was 0161 663 0072 which I did not call because I just thought the whole thing was a wind up

[lind01]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

Hi there

I just called HMPO to see if BPS had actually made any appointment, and I was told that from the dates given to her, she could not find my daughters name down and that as far as she could see that there wasn't.

So just e-mailed Newport office and asked them if they confirm this is the case. I really hope that BPS have f****d up because then there should be no reason to go to court, and then might have to look at turning this back round on them and counter claiming hahahahaha

[lind01]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

Hi Exc

yah I have an e-mail of conformation from HMPO that there was never an appointment made on the date that BPS say they made for me

[lind01]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

how do I send you the e-mail??

[Amethyst]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

That's good news You can paste it up on here or fwd it to me ( admin@legalbeagles.info ) it will help your defence although it won't be needed as evidence until you get to working on your witness statement. xx

[lind01]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

Just sent it to you, what do I need to do now Sharon?

[Amethyst]

Re: lind01 v BritishPassportServices - claim issued 4th March - DEFENCE BY April 6, 2

Start putting the defence together - you''booked'' in May so this would be your basic starting point.

1.Save where otherwise accepted within this Defence, the Particulars of Claim are denied. In particular, the Defendant denies entering into an effective and binding Agreement with the Claimant as alleged by the Particulars of Claim, or at all.

2. The Defendant visited the Claimant's website on xx MAY 2014 while looking online for information on how to renew her Passport at Her Majesty's Passport Office ("HMPO")

3. The Claimant, trading as British Passport Services, operates a “copycat” website which claims to offer access to Government services for which the Claimant is not an official Government provider, specifically in relation to UK Passports. The Claimant used misleading advertising, words, and conduct to induce the Defendant to enter into an alleged Agreement to provide “services” in relation to obtaining a Passport, contrary to the Misrepresentation Act 1967.

4. The Defendant had no intention of entering into any contract with the Claimant and in fact only wanted to book an appointment directly at the HM Passport Office to obtain a passport. She was misled into believing the Claimant’s website was the official HM Passport Office website and completed a form online to book an appointment.

5. The Claimant did not provide any services to the Defendant. The Defendant has confirmation from the HMPO stating no appointment was ever booked in her name.

5.The Claimant’s advertising, conduct, express words, or overall presentation of the Claimant’s website was such that it deceived the Defendant, and was likely to deceive the average consumer; it caused the Defendant and was likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

6. The Defendant has the right to rescind the alleged Agreement by virtue of the misrepresentation.

7. The Defendant will, amongst other evidence, rely on the ruling of the Advertising Standards Authority (“the ASA”) against the Claimant dated 17th September 2014 in relation to the Claimant’s website www.ukpassportoffices.co.uk. Specifically, the Defendant will be relying on the ASA’s ruling that: The Claimant’s website misleadingly implied that it was the official website for HMPO; and The Claimant’s website was misleading, because it did not make clear that the fee charged by the Claimant was a service charge only, and that an additional fee was payable to HMPO to obtain a passport. The Defendant notes that the Website is now materially different in format and content, however at the time of the ruling was virtually identical to the website www.britishpassportservices.co.uk .

9.The Defendant has added numerous fees and charges onto the original amount. If the relevant fees and charges are incorporated into the alleged Agreement (which is denied) by virtue of a specific clause (“the Relevant Clause”), then those fees and charges are excessive and disproportionate, and the Relevant Clause is therefore contrary to the requirement of good faith, and causes a significant imbalance in the parties’ rights and obligations to the detriment of the Defendant as a consumer, contrary to Regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999 (“the UTCCRs”).

10. Further or alternatively these charges are penalties and are therefore unenforceable at common law.

11. The Defendant denies the Claimant is entitled to the relief as claimed, or at all.