*** WON *** peterpiper v UK Services & Support Passport - HEARING 13th August

[Amethyst]

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

Thanks for setting this thread up. So what is my next move?
Regards
Pete

[EXC]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

Firstly, if you haven't seen it, read the guide http://www.legalbeagles.info/forums/...455#post522455

Have you acknowledged the claim?

Your defence needs to be filed by around 6 April so we'll need to start work on that.

Can you fill us in about when and what your happened with British Passport Services?

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

I have acknowledged the claim already . Did it last Saturday (21st March)

Not too sure of the exact facts but here is a rough outline of me dealings with BPS.

I needed a passport renewal within a tight window last July. With all the publicity around a backlog at the passport office at the time I decided to go for a personal application and went online in somewhat of a panic to book an appointment . On doing a Google search it bought up what appeared to be the official passport office website and I proceeded to book a short timescale 4 hour appointment.
A day or so later I realised this date I had arranged was not convenient and called up the official passport office to rearrange. I arranged a new date but was told one had already been made in my name so this was cancelled immediately. At this point I knew I had been duped and therefore on receiving text messages from BPS I replied saying I did not need their services . I then starting getting harassing texts and/or emails and this continued for a month or more at which point they stopped and I thought they had gone away. They quoted my IP address (Which was my work IP address and not my home one) and phone calls threatening legal action and extra charges were taken after which I barred their number and junked their emails. After a couple of threatening letters I received the court summons as copied to you and that is where I am at present.
Sorry I cant be more exact with dates etc. but I didn't think to keep things as I didn't think it would get this far
Regards and thanks in advance for any help
Pete

[Amethyst]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

Thanks Pete

'' I arranged a new date but was told one had already been made in my name so this was cancelled immediately. At this point I knew I had been duped ''

When you say one had already been made in your name, was this the appointment you were calling up to cancel or another one? What made you aware you had been duped ?

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

Apologies but on reflection I think I may have told you the wrong trail of events. It was a long time ago and my memory is pretty ropey!
I cant remember the exact details but I think I realised I had been duped when I got a text message from BPS. I thought it strange getting a text from the PO so I looked at the web site again and discovered it wasn't legit.
I was calling the PO to book an appointment through the real passport office but was told I already had an appointment made. I then cancelled that appointment and made a new one.
I seem to remember replying to a couple of texts saying that I did not require the services of BPS and not to contact me again and I do believe I replied to an Email saying the same (but cant be 100% on that). I had a phone call from them and to that I just replied that I had no idea who they were and did not want their service.
After that it was Emails, texts & phone calls which were ignored and letters.
Im sorry I cant remember much more
Regards
Pete

Just had a brainstorm after reading another post and I remember in the first instance doing a Google search for urgent passport renewal. After coming across the BPS site that I believed to be the real PO site I called the number and asked about an appointment. This was confirmed (Though the date of which I have no idea) and I was then told to visit the BPS website and fill in forms. At that point I visited the web address given me and proceeded to fill in the forms which were then mailed to me although by this time I had realised I had visited a fake site.

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

Only last evening I have managed to locate 4 emails from BPS dated 13/11, 27/11, 1/12, 4/12. I have also found a letter I received from them recorded delivery (Postmarked 30/12) which is a `final payment request` & a `formal notice of intended court action`.
Should I post these up?
Regards
Pete

[EXC]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

Yes please.

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

From: 7818@moon-ray.com [mailto:7818@moon-ray.com] On Behalf Of British Passport Services
Sent: 13 November 2014 13:40
To: xxxxxxxxx
Subject: Consumer Advice Requested

Dear xxxxxx

Based on your current position we beleive that now would be a good time for you to receive some consumer advice on this matter.

I have just instructed my colleague to contact the xxxxxx Citizens Advice Bureau and request that they get in contact with you to advise you of your consumer rights and responsibilities regarding this matter.

This impartial government body will provide you with free advice on how they recommend you resolve this dispute.

Should they not get in touch within the next 2-3 working days please complete this form: http://advice.britishpassportservices.co.uk and our agent will contact the CAB again for you.

Kind Regards

Jeff Ramsay
British Passport Services
Support Department
Tel: 0203 701 2916
Fax: 0203 0120 254
Web: http://www.BritishPassportServices.co.uk
This e-mail contains material intended for the addressee only and may contain confidential and/or sensitive information. If you are not the intended addressee, please notify the sender and delete this message immediately. Do not copy or distribute this message or disclose its contents to anyone. Any views or opinions expressed in this message are those of the author and not necessarily those of UK Services & Support Ltd or any of its associated companies. We are an independent organisation with no ability to issue passports, not affiliated with the government, advice that we provide should not be considered professional advice, we are not responsible for any damages or losses and you should verify any advice and information that we provide with Her Majesty's Passport Office who provide free advice and appointments for their Passport Office's. All fee’s paid to us do not come off the passport fee due to the Passport Office. You can cancel services, complain or update your communication preferences by visiting: http://update.britishpassportservices.co.uk. No reliance may be placed on this message without written confirmation from an authorized representative of UK Services & Support Ltd t/a British Passport Services, UK Passport Services & UKPassportOffices.co.uk. VAT number: 191970184 Company Registration Number: 08644308.

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

From: 7818@moon-ray.com [mailto:7818@moon-ray.com] On Behalf Of British Passport Services
Sent: 27 November 2014 11:33
To: xxxxxx
Subject: xxxxxx/Overdue Invoice Notice/CRT/Z3/47223

Dear xxxxxx

It has now been some time since we provided you with the appointment package however our system still shows that we have still not received the £117.60 payment for the service that we have provided you with.

Your Unpaid Invoice, Contract & Overdue Invoice Charges at: http://xxxxxxxxxx.signedcontract.org.uk/u4722

and so please make payment now at: xxxxxxx.settleinvoice.org.uk

Please make this payment within the next 7 days.

As you can see you did guarantee us that you would make the payment within 3 days and based on your word we provided you with the service in good faith that payment would be made within 72hrs. I am sure that this is nothing more than a harmless oversight and so on my request we will not be adding the Overdue Invoice Charges (see: http://charges.britishpassportservices.co.uk) at this time to your account which you agreed could be added if payment was not made within 72hrs providing that you can clear this balance by November 30, 2014. This further three day extension gives you one final chance to clear the balance before overdue invoice charges can be added to your account.

As you may re-call one of the services you commissioned our independent company (UK Services & Support Ltd) to perform was to book in the London Passport Office appointment on your behalf...

London Passport Office/Premium Service (1 Day) - £128 Adult / (No Longer Available for Under 16yrs)/9:45am/July 28, 2014/88189220

However this was just one of the services that our package includes (the £10 + fee for this service was for the work, time and telephone charges involved in securing the appointment on your behalf, we do not charge for the appointment itself). To remind you of what the £117.60 fee covers please see the invoice above for the full breakdown of each services cost.

For your reference I have included another copy of your signed contract with digital signature and computers I.P. Address (195.59.193.xxx) below...

Your Signed Contract, Invoice & Overdue Invoice Charges at: http://xxxxxxxxsignedcontract.org.uk/u47223

You can pay us with any of seven payment methods at: xxxxxxxxx.settleinvoice.org.uk

Please kindly pay this bill within the next 7 days

If you have any questions feel free to call me on: 0203 701 2916 or reply to this email. To confirm this is NOT payment for the passport fee. We know that this has been paid to the London Passport Office, the £117.60 that we are pursuing you for is for our third party services. See the above link for your contract and invoice.

Kind Regards

Jeff Ramsay
British Passport Services
Support Department
Tel: 0203 701 2916
Fax: 0203 0120 254
E-mail: complaints@britishpassportservices.org.uk
Web: http://www.BritishPassportServices.co.uk

This e-mail contains material intended for the addressee only and may contain confidential and/or sensitive information. If you are not the intended addressee, please notify the sender and delete this message immediately. Do not copy or distribute this message or disclose its contents to anyone. Any views or opinions expressed in this message are those of the author and not necessarily those of UK Services & Support Ltd or any of its associated companies. We are an independent organisation with no ability to issue passports, not affiliated with the government, advice that we provide should not be considered professional advice, we are not responsible for any damages or losses and you should verify any advice and information that we provide with Her Majesty's Passport Office who provide free advice and appointments for their Passport Office's. All fee’s paid to us do not come off the passport fee due to the Passport Office. You can cancel services, complain or update your communication preferences by visiting: http://update.britishpassportservices.co.uk. No reliance may be placed on this message without written confirmation from an authorized representative of UK Services & Support Ltd t/a British Passport Services, UK Passport Services & UKPassportOffices.co.uk. VAT number: 191970184 Company Registration Number: 08644308.

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

From: 7818@moon-ray.com [mailto:7818@moon-ray.com] On Behalf Of British Passport Services
Sent: 01 December 2014 12:50
To: xxxxxxxx
Subject: Signed Contract: xxxxxxxx/CRT/47223

Dear xxxxx,

The range of services that you have purchased from us can be found below...

Your Receipt: http://www.britishpassportservices.c...817230870b.pdf

As you can see we have completed the service in full and so now require the £117.60 payment for the work that we have done.

In addition to this your signed contract including your computers I.P. Address (195.59.193.xxx) can be found below...

http://documentsarchive.org.uk/machf...ment-hvttY.pdf

To remind you we are not connected with the government or Her Majesty's Passport Office we are a third party website who provides value added services related to the passport application and renewal process. The government confirms that company's such as ours are permited to operate here: http://www.britishpassportservices.co.uk/official-hmpo-letter.pdf providing that the company makes it clear what services they are providing. Which we did...

* The website makes it clear what service we provide see: http://www.britishpassportservices.co.uk/website-disclaimers.pdf
* The contract makes it clear what our charges are for the service
* Details of how our service and charges can be avoided by going direct to the Passport Office have been included

* The section "I have read, understood and agree to the terms" was checked & agreed to
* The contract includes a digital signature on the last page confirming that the Terms of Service have been read and agreed to
* The I.P address of the computer (195.59.193.xxx) was been logged when the contract was signed

* When asked whether it was understood that the service begins immediately it was checked: Yes I understand this and authorize you to begin immediately
* The terms agreed between both parties were that payment was to be received within 72hrs
* Terms state that should payment not be received within 72hrs then Overdue Invoice fee's can be added at the rates indicated at: http://charges.britishpassportservices.co.uk/

As of this time the only fee that you owe us is the £117.60 however as per our Terms agreed between both parties if payment is not received by: July 3, 2014 then you have already given us the right to add collection charges for each follow up email, sms, phone call and personal visit that is required to settle the debt. Therefore if you wish to pay the lowest fee possible we suggest that you contact us via email or phone to settle the balance due.

If there are any inaccuracies with the above, the amount due or if you wish to discuss this outstanding invoice please call us on: 0161 663 0072 (9am to 6pm Monday to Friday)

Kind Regards

Jeff Ramsay
British Passport Services
Revenue Protection
Tel: 0161 663 0072
Fax: 0203 0120 254
E-mail: collections@britishpassportservices.co.uk
Web: http://www.BritishPassportServices.co.uk

This e-mail contains material intended for the addressee only and may contain confidential and/or sensitive information. If you are not the intended addressee, please notify the sender and delete this message immediately. Do not copy or distribute this message or disclose its contents to anyone. Any views or opinions expressed in this message are those of the author and not necessarily those of UK Services & Support Ltd or any of its associated companies. We are an independent organisation with no ability to issue passports, not affiliated with the government, advice that we provide should not be considered professional advice, we are not responsible for any damages or losses and you should verify any advice and information that we provide with Her Majesty's Passport Office who provide free advice and appointments for their Passport Office's. All fee’s paid to us do not come off the passport fee due to the Passport Office. You can cancel services, complain or update your communication preferences by visiting: http://update.britishpassportservices.co.uk. No reliance may be placed on this message without written confirmation from an authorized representative of UK Services & Support Ltd t/a British Passport Services, UK Passport Services & UKPassportOffices.co.uk. VAT number: 191970184 Company Registration Number: 08644308.

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

From: 7818@moon-ray.com [mailto:7818@moon-ray.com] On Behalf Of British Passport Services
Sent: 04 December 2014 20:04
To: xxxxxxxxxx@btinternet.com
Subject: xxxxxx/Failure to Pay Notice/Z3/47223

xxxxxxx

The system advises me that the £117.60 has not been received. I have no choice now but to pass your details onto the Overdue Invoices Team who will begin the collections process.

At this point I would highly recommend that you visit your local Citizens Advice Bureau (address: http://citizensadvice.org.uk/index/g...au-sbmt=Search) or speak with a solicitor regarding this matter so that you can gain clarity on your consumer rights and responsibilities. Please provide them with a copy of your signed contract and receipt both of which can be found below...

Your Unpaid Invoice: http://www.britishpassportservices.c...xxxxxxxfd9.pdf

Your Signed Contract: http://documentsarchive.org.uk/machf...ement-xxxx.pdf

As I have some time tomorrow morning what I'll do for you is contact the xxxxx Citizens Advice Bureau on your behalf explaining the situation and request that they review this matter and then provide you with practical consumer advice on how best to resolve this matter as well as advising you what your consumer rights and responsibilities are. This advice will come from an impartial, government backed consumer body not from an agent or our or an affiliated company. If you would not like me to request this free consumer advice for you just let me know. I would however suggest that if you are not looking to take advice from the CAB then you take advice from somewhere i.e. a solicitor as you do have responsibilities as a consumer when entering a contract.

You can rest assured that should the agent from the Citizens Advice Bureau reply showing evidence that we are in violation of any UK or EU consumer law or that we have breached the contract which means we are lawfully not permitted to enforce the contract we shall immediately investigate their accusation which if proven to be correct will result in the payment request being dropped against you and lead to you receiving a formal apology from the chairman of our company.

You can pay at any time by visiting: xxxxxxxx.settleinvoice.org.uk

Kind Regards

Jeff Ramsay
British Passport Services
Support Department
Tel: 0203 701 2916
Fax: 0203 0120 254
E-mail: complaints@britishpassportservices.org.uk
Web: http://www.BritishPassportServices.co.uk

This e-mail contains material intended for the addressee only and may contain confidential and/or sensitive information. If you are not the intended addressee, please notify the sender and delete this message immediately. Do not copy or distribute this message or disclose its contents to anyone. Any views or opinions expressed in this message are those of the author and not necessarily those of UK Services & Support Ltd or any of its associated companies. We are an independent organisation with no ability to issue passports, not affiliated with the government, advice that we provide should not be considered professional advice, we are not responsible for any damages or losses and you should verify any advice and information that we provide with Her Majesty's Passport Office who provide free advice and appointments for their Passport Office's. All fee’s paid to us do not come off the passport fee due to the Passport Office. You can cancel services, complain or update your communication preferences by visiting: http://update.britishpassportservices.co.uk. No reliance may be placed on this message without written confirmation from an authorized representative of UK Services & Support Ltd t/a British Passport Services, UK Passport Services & UKPassportOffices.co.uk. VAT number: 191970184 Company Registration Number: 08644308.

[EXC]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

This is the template for your defence which has the correct legislation for the time you dealt with BPS.

Obviously the defence is for someone who had a typical experience with BPS but you need to delete/change/add to suit your own circumstances

If you're going to retain anything you need to add the dates in where it says DATE and also change the gender (I assume you're a bloke lol).

Give it a go and we'll take a look.

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 DATE 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. 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.

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

6. 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 .

7. The alleged Agreement was conducted through the Defendant’s website, www.BritishPassportServices.co.uk. The alleged Agreement, if valid, amounts to a Distance Contract as set out in Regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the 2013 Regulations”).

8. At TIME on DATE The Defendant exercised her right to cancel the alleged Distance Contract under Regulation 29 of the 2013 Regulations, and within the Normal Cancellation Period under Regulation 30 of the 2013 Regulations. The Defendant therefore has no obligations under the alleged Agreement, as set out by Regulation 33 of the 2013 Regulations. The alleged debt is therefore not due to the Claimant.

10.The Claimant failed to give confirmation of the alleged Agreement in a Durable Medium, contrary to Regulation 5 and Regulation 16(1) of the 2013 Regulations. The alleged performance of the alleged “services” under the alleged Agreement took place without such confirmation being sent in a Durable Medium, contrary to Regulation 16(4) of the 2013 Regulations. Any performance of the alleged “services” is in breach of the alleged Agreement, contrary to Regulation 18 of the 2013 Regulations, such that the Defendant is not liable to pay for those alleged “services”.

11.Further or alternatively, the alleged “service” was not completed before the Defendant cancelled the alleged Agreement, such that the Defendant can only be liable for those “services” that were actually supplied.

12.Further or alternatively, the Claimant failed to supply information on the right to cancel required by paragraph (l) of Schedule 2 to the 2013 Regulations, such that the Defendant is not liable to pay for any alleged “services” that were in fact carried out prior to the cancellation of the alleged Agreement.

13. The Claimant has added additional costs, fees and charges to the Claim, which are not provided for under the alleged Agreement. As such, they are not enforceable.

14.Further or alternatively, 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”).

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

16. Since DATE the Defendant has received numerous calls, letters, text messages from the Claimant. The Defendant has responded on a number of occasions to inform the company she had cancelled and had never received any services from the Claimant. Her communication with the Claimant has had no effect other than to increase the amount claimed.

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

[peterpiper70]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

I will scan the document I received recorded delivery and post that when I can however in the mean time I have found a very worrying hole in the BPS website.
I wont post any exact links but in my mails I was referred to "Your Signed Contract: http://documentsarchive.org.uk/machform/pdfs/Agreement-xxxxx.pdf"
I have found that just by changing the very last letter randomly I have been able to access at least three other peoples personal information!! Yes DOB, Full postal address, Phone numbers, even the signature and Email address supplied. This is a frightening discovery as I have found enough info on three different individuals to easily fake their ID. Surely this is illegal for his site to allow this to be accessible without due password protection?
Regards
Pete

[Amethyst]

Re: peterpiper v UK Services & Support Passport - DEFENCE DUE BEFORE Monday, April 6,

You'd think, the ICO don't seem to be all that interested !