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

[EXC]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Hi lind01

I've just spoken to Celestine (fellow site owner and litigator at Howlett Clarke Solicitors) and she advises that you shouldn't give them permission but should explain the reasons why.

Give me half an hour and I'll draft a response for you.

[lind01]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Thats what I thought but needed you guys to have a look first. xx

- - - Updated - - -

Thanks Exc xx

[EXC]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Can I just confirm, did you send them the actual e-mail as they asked you to and I suggested you did?

[EXC]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

See draft below.

If you didn't send them the actual e-mail as they requested, leave out the second sentence.

Dear Ms Kirkman

I refer to your e-mail of 5 May in which you seek my permission for you to contact HMPO to ''validate'' that the e-mail which they sent to me confirming that no appointment was booked and which I intend to rely upon as an exhibit in my witness statement in my defence is ''authentic''.

You will recall that you previously asked me to forward you the e-mail in full, which I did.

I have no intention of giving you my permission to do so. If you have any doubts about the authenticity of evidence I file or intend to file to the court the correct approach would be to raise the matter with the judge at the hearing.

I find your clearly implied suggestion that I would knowingly submit falsified evidence to the court deeply offence.

Yours

Lind

[EXC]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

It's a bit rich them asking for verification of evidence given that they falsify evidence filed at court themselves. I was going to make a reference to this in the e-mail but thought better of it.

Statement on BPS website
In regards to the claim that our website was found to have misleading advertising we provided evidence to the court that the adjudication the Defendant was referring to was entered in error by the government agency (which the agency has publicly admitted) and that our website was and still is advertised in line with all advertising codes and in line with the CAP code therefore not in breach of any advertising Code of Conduct and so could not be considered misleading.

Statement by Advertising Standards Authority in response
The 17 September adjudication still stands (despite the fact it is
currently subject to the Independent Review process) and, as set out
in that adjudication, the ASA Council found the advertising to be
misleading and in breach of the CAP Code. Any statement that the
adjudication does not stand at the current time would be inaccurate.

The case is currently subject to the Independent Review process and
we are hopeful that will be completed in March, at which point any
amended adjudication would be published on our website. We are not
able to give further details of the case as it is ongoing but the
fact it is subject to Independent Review does not mean that the
adjudication will (or will not be) changed either in wording or
overall decision. Any suggestion that a final decision has been made
by the ASA Council in the case as a result of the Independent Review
would be inaccurate.

[lind01]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Yes I did forward exactly and all of the email both, first the emailI sent to the HMPO asking them to check for the appointment, and then the reply from HMPO. It clearly showed the gov.uk address and as if I would be so stupid to present the court of law with false evidence. We aren"t all tarred with the same brush as RH.

Shall I copy and paste your draft and send it in reply to BPS?

Thanks again this is causing so much worry, but I"m certainly not going to let the B******S grin me down and pay them up as I owe them nothing. :mad2::mad2:

Linda xx

[EXC]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Yes if you're happy with the draft, send it.

I know it's easy to say but please don't worry. There's a good chance he'll discontinue the claim but you must let the court know if he does as he's not been doing so himself in some cases in the hope defendant's don't think they need to attend so he can get a default judgment. Even if it does go to a hearing you've got cast iron evidence against the main ground of his claim.

[lind01]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Ok I'll get that sent now. I have had a notice that the hearing will be heard at the court near my home, so all I have to now is wait for a date and then get my WS ready. Is that right?

[EXC]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Ok I'll get that sent now. I have had a notice that the hearing will be heard at the court near my home, so all I have to now is wait for a date and then get my WS ready. Is that right?

Correct. When you're notified of the hearing date you should also get notification of when your WS needs to be filed (usually by 14 days or so before the hearing) so let us know and we'll get cracking on it.

[lind01]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

I'll let you know if I get a reply back from BPS xx

[lind01]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Hi All

Just had my court hearing date
20th August 2015. The judge has asked if I would consider mediation, my reply will be a big fat NO

Linda x

[Amethyst]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Lovely, the time will fly by.

Do you have any directions for witness statements/evidences on the order ?

[lind01]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Hi Amethst,

What docs and statements do you need me to send over to you?

Also spoken to Trading Standards today and it looks like they are moving fast with building up a case too.

Linda x

[Amethyst]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Excellent. A copy of the hearing notification would be good to start with - then I can put on the wall when you have to have your Witness Statement done for. xxxx

admin@legalbeagles.info

[lind01]

Re: lind01 v BritishPassportServices - - DEFENCE sent - waiting court date

Hi there
I've sent you an e-mail with copy of court hearing
x