*** WON **** Malcom24 vs BPS - defence in, COURT DATE 29th JULY

[Malcom24]

Hello

Appointment was booked in December 2014 - thus this is the ''contract'' http://www.legalbeagles.info/forums/...7&d=1423938998
Tried to cancel with BPS. Awkward as per usual. Rang HMPO and cancelled appt that BPS had booked and made own appt.

Defence submitted - based on contract being invalid / cancellation terms - non receipt of the 'chargeable items'.

N180 submitted

Mediation appt for tmw morning

Wait for court date and do Witness Statements/Documents bundle

[Tools]

Re: Malcolm24 vs BPS

Welcome, we'll sort out your thread as discussed on the telephone just now

[Amethyst]

Re: Malcolm24 vs BPS

Could you post a copy of your defence if you have it in print, if not can you photo it and email it to me, I have the basics in my head but we will want to use it for the Witness Statements so we can plug the gaps and expand on the arguments, Ta xx

[Amethyst]

Re: Malcolm24 vs BPS - defence in, COURT DATE 29th JULY

Court date 29th July 2015.

Witness Statements will be due by around 14th July - example starting point http://www.legalbeagles.info/forums/...utline-for-BPS need to check hearing letter that it says 14 days before not giving any particular date.

Already received Richard's witness statement - more than likely the same as most other peoples' - eg. Peterpiper's http://www.legalbeagles.info/forums/...301#post555301






,.

[Amethyst]

Re: Malcolm24 vs BPS - defence in, COURT DATE 29th JULY

This is the basics of the Witness Statement

If you do the basic chronoloogical list as per the example, I can help you buff it up after we have the basics in place.


Claim No. xxxxxx
IN THE COUNTY COURT BUSINESS CENTRE
B E T W E E N:-

UK SERVICES & SUPPORT LTD
Claimant
and

YOUR NAME
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________

I, [NAME] of [address] will state as follows;


1: I am a [state occupation or, if none, description, e.g. housewife, retired …] and the defendant in these proceedings. I make this witness statement in support of my defence in this case.

2: On xx/xx/2014 I found myself in a position where I needed to renew my passport ..........

3: I searched online using Google and clicked a result which stated xxxxxxxxxxxxx

4: This took me to the BritishPassportServices website ....... describe what you did

5: On xx/xx/2014 at xxxxpm I received an email / text / telephone call stating ..................

6: I realised that the website I had been using was not the official Government website ..................

7: On xx/xx 2014 at xxx pm I sent an email to xxxxxxxxxxxx to request cancellation of their services

8: I received a text....

and so on until present day .....

I believe that the facts stated in this witness statement are true.

Signed ________________________
Dated ________________________

[Amethyst]

Re: Malcolm24 vs BPS - defence in, COURT DATE 29th JULY

Claim No. B8QZ8905
IN THE ST ALBANS COUNTY COURT
B E T W E E N:-
UK SERVICES & SUPPORT LTD
Claimant
and

MALCOM24
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________
I, xxxxxxxxxxxxxxx of xxxxxxxxxxxxxxxx will state as follows;

1. I am a business owner in the recruitment industry and the defendant in these proceedings. I make this witness statement in support of my defence in this case.
2. On the morning of 16/12/2014 I found myself in a position where I needed to renew my passport urgently.
3. I searched online using Google and clicked a result which stated “same day passport, next day passport”
4. This took me to the BritishPassportServices website, which I believed to be the official HMPO website, where I completed a form to request an appointment to obtain my passport within the next week.
5. I was not asked to make any payment and believed I was simply booking an appointment at the passport office where I would take my application, make the payment for my passport and await my new passport.
6. Later that day (16/12/2014) at 2pm I had heard nothing so I decided to contact the passport office directly by telephone. It was at this point that I realised that the website I had been using was not the official Government website. The passport office informed me that an appointment had been made on my behalf for the following day. I asked the passport office to cancel the appointment, which they did.
7. I then proceeded to make my own appointment directly with the HMPO on their advice line – they only required my name and mobile telephone number to do so, in stark contrast to the mass of personal information British Passport Services had required me to complete on their form.
8. The same afternoon I rang British Passport Services and informed them what had happened and requested confirmation that they were happy for me to cancel my appointment. They informed me that that I would be charged and when I asked to speak to a manager, I was cut off three times. Finally I spoke to “John” who offered me a £10 reduction in the overall charge of £117.60. I declined.
9. ‘’John’’ did give me some conflicting information as he advised me that to cancel my contract I could ring 02036000145 and enter my five digit code (59277), which I did. However once I had entered the code, there was no verbal or written confirmation or acknowledgement.
10. On 16/12/2014 at 4.02pm I sent an email to complain about their service levels and to request a cancellation of their services.
11. Having received various threatening letters from BPS I decided to email BPS on Monday, December 29, 2014 11:49 ( mailto:enquiries@britishpassportservices.org.uk ) stating that I had called BPS three times on 16-12-2015 asking to cancel the service ( I was ultimately told that this was not possible).
12. On Mon, 29 Dec 2014 11:58:59 I received an email saying…. Dear Mr Mills, Please can you forward your solicitors details so that we can liaise with them. Kind Regards Amanda Kirkman, British Passport Services.
13. I did not enter into any contract with the Claimant and did not require their services at all. I was misled into entering my details on an online form which I believed was necessary to book an appointment with the HMPO. I had no intention of contracting with any third party and certainly had no requirement for any other services purportedly offered by the Claimant, such as an email containing directions to the Passport Office or a multilingual translation of my driving licence.
14. 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 A) 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.
15. That website is still live and at the time of the adjudication looked the same as the website BritishPassportServices (EXHIBIT B). The Claimant appealed the ASA Adjudication and asked for an independent review. On 1^st July 2015 the ASA published their findings and the original adjudication was upheld (EXHIBIT C)
16. 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.
17. I am aware that the Claimant has bought over 770 county court claims against consumers between November 2014 and March 2015 (EXHIBIT D) A majority of these claims appear to have been settled or resulted in a Judgment by Default.
18. 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 E).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.
19. 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 F)
20. 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.
21. 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 13^th July 2015


EXHIBITS ATTACHED

[enaid]

Re: Malcom24 vs BPS - defence in, COURT DATE 29th JULY

Good Luck today Malcolm xx

[Amethyst]

Re: Malcom24 vs BPS - defence in, COURT DATE 29th JULY

Best wishes today xx You'll be absolutely fine xxxxxxxxxx

[Kati]

Re: Malcom24 vs BPS - defence in, COURT DATE 29th JULY

Good luck xx

[Nibbler]

Re: Malcom24 vs BPS - defence in, COURT DATE 29th JULY

Good luck.

[Amethyst]

Re: Malcom24 vs BPS - defence in, COURT DATE 29th JULY

* WON *

14 - nil to consumers