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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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, I have received a claim form from an organisation called

Resolved Question:

Hi,
I have received a claim form from an organisation called County Court Business Centre, St Katherines House, 21-27 St Katherines Street, NN1 2LH.
The Claim is from a company Called UK Services and Support, 12 Deer Park Road, Wimbledon London, SW19 3TL.
They are saying they have provided me with a package which included an appointment at the Liverpool Passport Office along with a range of other services, this was allegedly done on line where I am supposed to have acknowledged that I knew this wasn't the passport office, signed an agreement to pay a fee of £172.60, waived a cancellation/cooling off period, they have a contract number and an IP address, which isn't mine as I did not request such a service.
I did get a call and a couple of letters, but dismissed it as a scam, did research the company on the internet (UK Passport Services) to discover that a lot of people had been scammed by this organisation, which gave me even more reason to ignore the requests for payment of a service I did not ask for.
What should I do now.
Regards
Joe Hendrie
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you use any of the passport services where you may have been mistaken and used this company's services instead?

Customer:

I did not request or use any of the services these people offer.

Ben Jones :

If you never used these services and the company is making a claim against you in error then you should not be liable to pay anything they are claiming. If they have made a claim it would be for them to prove that what they are claiming is true and that you should be liable. So they would have to provide the evidence to convince a court that you are in the wrong. However, if this is a case of mistaken identity or some other error which has led them to you, then they will not have the evidence to do so.

Nevertheless you should not just ignore the claim – if you do they can get a judgment in default against you which means they win even if you were not originally liable. Your lack of response would be seen as an admission of guilt and they can then proceed with trying to get the money from you.

You should write to deny the claim and set out your facts and explain exactly why this is not a claim that should have been made (i.e. that you did not ever use their services, that the IP address is not yours, etc).

You can also write to the court to ask them to strike out the claim because it does not have reasonable prospects of success. Write and state you wish to make an application under CPR 3.4(2)(a) that the court strike out the claimant’s statement of case as it discloses no reasonable grounds for bringing the claim. If they refuse you may have to attend court for just part of the day (it is rather informal as it is just the small claims court).

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

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