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UK-passport.net
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Nickolarge wrote: »Beside the fact that things can quite obviously be badly wrong but not illegal, there is a difference between "no law against it" and "grounds for a civil claim". There is also something known as unfair terms of contract and , as I have already said, the Distance Selling Regulations allowing cancellation within 7 days for a full refund.
You could try a civil claim but dont think you would get very far. They will ask:
Did you read all the warnings on the home page advising we are only a check and send service? - No
Did you read the terms and conditions advising that we are only a check and send service and that thi service will be exempt from the Distance Selling Regulation? - No
Did you agree that you had read the terms and conditions? - Yes
Ok, so you didn't read the numerous warnings of what services the site offered and you stated you agreed to the sites terms and conditions without even reading them. - Cant see that doing very well in a civil court.0 -
Nickolarge wrote: »Same thing.
No it is not - just because you were too lazy to fully check the site you were giving your money to it does not make you vulnerable.0 -
Same on firefox, on the link you posted it does say
"Disclaimer:
Our service is not connected to or affiliated with the Passport Office or any UK Government department. "
That to me says they arent the correct site to use simple as.
Yeah but sadly there will always be some people that are too hasty and quick to use these sites, before they realise they have been scammed! :eek:0 -
Twisted_Cherry wrote: »Yeah but sadly there will always be some people that are too hasty and quick to use these sites, before they realise they have been scammed! :eek:
But they wouldn't have been scammed! There is no scam. These sites are totally legal. It would be the buyers fault for not taking the time to realise what they are buying.0 -
Twisted_Cherry wrote: »Yeah but sadly there will always be some people that are too hasty and quick to use these sites, before they realise they have been scammed! :eek:
And that it their problem - they shouldn't expect the nanny state to be there to protect them from their own laziness or stupidity.
You're an adult take some responsibility for your actions - don't expect mummy to be there to wipe your !!!! for you your whole life.0 -
rockface2004 wrote:I did not read many posts here but phoned bank to cancel my credit card,was worried that this company (uk passport.net)......rockface2004 wrote:there is a difference between "no law against it" and "grounds for a civil claim"......powerful_Rogue wrote:You could try a civil claim but dont think you would get very far. They will ask:
Did you read all the warnings on the home page advising we are only a check and send service? - No
could you please indicate where these 'warnings' on the 'home page' are?
https://uk-passport.net/0 -
wantmemoney wrote: »@powerful_Rogue
could you please indicate where these 'warnings' on the 'home page' are?
https://uk-passport.net/
I'm not powerful Rogue, but is this the sort of warning you are referring to?Disclaimer:
Our service is not connected to or affiliated with the Passport Office or any UK Government department
It's about 1/2 way down the home page under the heading:
What you need to know0 -
Nickolarge wrote: »That's an argument that almost says "if it's legal, it's ok".
These sites are not illegal.
I'm not saying - and have never said - that what they are doing 'is OK'.
I'm not defending these companies and I'm not supporting them, just pointing out that they are not operating illegally.Nickolarge wrote: »Beside the fact that things can quite obviously be badly wrong but not illegal, there is a difference between "no law against it" and "grounds for a civil claim". There is also something known as unfair terms of contract and , as I have already said, the Distance Selling Regulations allowing cancellation within 7 days for a full refund.
You obviously believe you have grounds for a civil claim.
Good luck with getting a full refund.Nickolarge wrote: »I have asked for my money back and I feel 100% justified in doing so. The Passport Office have described these sites as being "tantamount to fraud".
So why aren't the Passport Office lobbying OFT to close them down?
Because - despite using the word 'tantamount', they are not illegal.
You may wish to read this - it relates to companies offering a similar service for EHIC :Press releases 2011 -
OFT investigates deceptive online selling of government services
81/11 14 July 2011
The OFT has opened investigations into a number of websites that charge people for government services that are available directly from government either at no cost or for a lower fee.
The investigation will look into websites that charge consumers to apply for services that are free such as European Health Insurance Cards (EHICs) as well as websites that impose higher charges for services that do carry a cost such as booking a driving theory test.
The OFT will consider, amongst other things, whether the websites are deceptively presented as official government services - an unfair commercial practice. This would raise particular concern if consumers are thus misled into paying fees for services that are available free of charge from the official government website, or paying significantly more than what they would have to pay when using the official website.
Once the OFT has completed its investigations it will consider what further action, if any, is appropriate. At this stage, the OFT cannot identify the companies that are subject to this investigation and no assumption should be made that any companies being investigated have broken the law.
Cavendish Elithorn, Senior Director of the OFT's Goods and Consumer Group, said:
'It is important that companies are clear about the service they are offering, and do not trick people into paying for something that they can get for free or much cheaper on government websites. We will be considering whether any of the sites under investigation are misleading consumers.
'With summer holidays approaching, many people will be making applications for EHICs in particular, so we encourage travellers to take time to check that they are using an official government website.'
Applications for EHICs can be made free of charge from the NHS website. Driving theory tests can be booked on the Directgov website.
NOTES- Read the opening case summary in respect of these investigations.
- In August 2010, the OFT took enforcement action against four online traders who deceptively sold EHICs to consumers. The new investigations have been opened following complaints from consumers and information received from other government departments including the Driver and Vehicle Licensing Agency (DVLA) and Department of Health. For information about the OFT's previous investigation into the provision of EHICs, see the press release OFT takes action over misleading European health insurance websites (10 August 2010).
- The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) prohibit unfair commercial practices. The Regulations are enforceable through the civil and criminal courts. Read further information and advice for businesses.
- The OFT does not provide advice or resolve individual complaints for consumers. Consumers who are concerned they have been unfairly treated or want advice on their personal circumstances can contact Consumer Direct.
The bit I've highlighted in red is (imho) critical.
I think that the EHIC websites just changed to make it clear i.e. not just in the small print that you could get the goods/services free or at a reduced cost from the official website.
This investigation was 'case closed' on 8th November 2012.
Here's the result:Summary of work
The OFT has decided, on administrative priority grounds, to close its investigation into websites which charge consumers for processing applications for a range of government services, such as European Health Insurance Cards (EHICs), which are available free or at a low cost if obtained directly from the government.
The investigation examined whether there had been an infringement of consumer protection legislation, in particular the Consumer Protection from Unfair Trading Regulations 2008. Among the matters investigated, the OFT looked at whether these websites were deceptively presenting themselves as official government websites.
The OFT found that in most instances the sites investigated carried statements explaining the nature of the service provided and disclaiming any official status or affiliation with the government.
The OFT also worked with central government to help official government websites appear more prominently when searched for online.
The OFT prioritises its work in accordance with its published prioritisation principles. Broadly speaking, it focuses its efforts and resources on deterring and influencing behaviour that poses the greatest threat to consumer welfare
Based on the results of its investigation and the improvement in online searches, the OFT has concluded that potential for significant consumer detriment is low and there is insufficient evidence of breaches of consumer protection legislation to warrant prioritising formal enforcement action in this instance. It may reconsider its decision in the future if it receives further evidence of suspected infringements, or its prioritisation assessment changes.
The OFT is, however, concerned that people visiting a website that charges for processing applications for a government service may not always be aware that they can save money by going direct to the government, so has issued a consumer alert to help raise awareness and warn people to be cautious when entering their card payment details online.
See the parts highlighted in red.
Basically, most of these websites are operating within the law.
Also see the part highlighted in blue.
Your best bet is contacting OFT with 'further evidence of suspected infringements' that this company are doing something illegal - if you believe that you have that evidence.0 -
wantmemoney wrote: »@powerful_Rogue
could you please indicate where these 'warnings' on the 'home page' are?
https://uk-passport.net/
In the post you quoted I was referring to "Passport Direct"
However, for uk-passport.net
1) Link to HM Passport Office at the very top
2) The following warning "Our services are not in any way affiliated with any UK Government body including HM Passport Office. We provide a reviewing and submitting service for all UK passport applications charging a service processing fee. You can apply autonomously to HM Passport Office , avoiding costs for checking and processing, by logging on to their authorised website. Please read our Terms and Conditions before using our website and services."
3) A comparrison between uk-passport.net and HMPO - Which highlights you can apply for your passport free from HMPO and also provides you with a link to their website.
4) Another link to HM Passport Office with the following wording "Your application will not be checked. You will incur HM Passport Office fees."
5)A final repeat of the following warning - " Our services are not in any way affiliated with any UK Government body including HM Passport Office. We provide a reviewing and submitting service for all UK passport applications charging a service processing fee. You can apply autonomously to HM Passport Office , avoiding costs for checking and processing, by logging on to their authorised website. Please read our Terms and Conditions before using our website and services."
Dont tell me you didnt see any of these!0 -
http://forums.moneysavingexpert.com/showpost.php?p=64243193&postcount=292rockface2004 wrote:this company (uk passport.net).....powerful_Rogue wrote:Originally Posted by Nickolarge View Post
Beside the fact that things can quite obviously be badly wrong but not illegal, there is a difference between "no law against it" and "grounds for a civil claim". There is also something known as unfair terms of contract and , as I have already said, the Distance Selling Regulations allowing cancellation within 7 days for a full refund.
Did you read all the warnings on the home page advising we are only a check and send service? - Nopowerful_Rogue wrote:In the post you quoted I was referring to "Passport Direct"
I think it's important if you start giving 'legal advice' to posters you at least refer to the correct website.powerful_Rogue wrote:However, for uk-passport.net
1) Link to HM Passport Office at the very top
2) The following warning "Our services are not in any way affiliated with any UK Government body including HM Passport Office. We provide a reviewing and submitting service for all UK passport applications charging a service processing fee. You can apply autonomously to HM Passport Office , avoiding costs for checking and processing, by logging on to their authorised website. Please read our Terms and Conditions before using our website and services."
3) A comparrison between uk-passport.net and HMPO - Which highlights you can apply for your passport free from HMPO and also provides you with a link to their website.
4) Another link to HM Passport Office with the following wording "Your application will not be checked. You will incur HM Passport Office fees."
5)A final repeat of the following warning - " Our services are not in any way affiliated with any UK Government body including HM Passport Office. We provide a reviewing and submitting service for all UK passport applications charging a service processing fee. You can apply autonomously to HM Passport Office , avoiding costs for checking and processing, by logging on to their authorised website. Please read our Terms and Conditions before using our website and services."
Dont tell me you didnt see any of these!
https://uk-passport.net/
the above that you have pointed out doesn't remotely inform a potential customer the 'service' 'only' supplies a form for £72.50 and no passport which has to be purchased separately.0
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