Driving License Scam: Guidance for Obtaining a Refund

SuperHan

Joe_Malone wrote: »

Please enlighten us. If it is not administrative or preparatory what term describing the type of work best captures the completion of a form?

This particular issue was considered and it is why the guidance was issued.

In that case, the guidance is very poor. It seems to me that the document is saying that if the service provider has to do work before the service requested, i.e. they would have to go and get the forms before they fill them in. Filling them in IS the service, not prepatory work. Going getting the forms would be prep and cannot count as the start of the service.

Or that's how it reads...

wealdroam

Joe_Malone wrote: »

Please see section 3.18 in this document...

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698cons.pdf

This is OFT guidance on the interpretation for 'administrative' or other 'preparatory' work and relates to their interpretation of the 2006 guide for businesses.

Ah, OK. Thank you for that.

You do realise that that document was a consultative document produced in 2005 (not 2006 as you stated earlier).

As they say in the preamble in that doc., after the consultation they would produce another guide.

They did that in September 2006. They produced:

A guide for businesses on distance selling

The paragraph you metion now appears as para 3.21:

When providing services, when does a service begin?

3.21 This depends on the circumstances. Generally a service is said to have started once you start supplying the service you have promised. Many services require administrative or other preparatory work (such as setting up an account) before a supplier is able to provide the service promised. Often this work is underway when a contract is being agreed. In our view such work before the service starts does not mean that the service has begun.

You can see that it is very similar to the earlier document, but an extra sentence is there:

Generally a service is said to have started once you start supplying the service you have promised.

To me, this extra sentence helps to clarify when exactly a service starts.

As Shaun says, filling out of the form is actually part of "supplying the service as promised".

Valli

Joe_Malone wrote: »

Please enlighten us. If it is not administrative or preparatory what term describing the type of work best captures the completion of a form?

This particular issue was considered and it is why the guidance was issued.

As that's the service they are selling then it's neither admin. nor preparatory. Once the forms have been filled in they have done the work/provided the service they are selling. Cunning business model, isn't it?

Put simply, it's what they DO.

I'm not a fan of them either, I think they trap 'unwary' people. I am also concerned at how few people seem to realise that 'top' hits on google are actually sponsored links. But then, no end of people assume if a website ends .co.uk it's a UK-based website. Many people are not internet-savvy at all, unfortunately.

If the Government were to require search engines to display appropriate warnings about checking the validity and security of sites, including using .gov sites...

mind you folk still wouldn't read it!

shaun_from_Africa

Joe_Malone wrote: »

Please enlighten us. If it is not administrative or preparatory what term describing the type of work best captures the completion of a form?

Say for example, someone who was unable to type wanted to post on this forum so they employed me to do it for them.
The service that I was being paid to provide would begin the moment I logged on to write the post as I would not be preparing to do something, I would actually be doing it.

If however I needed to sign up for a new MSE account first or I wanted to ensure that my writing a post for another person was legal so I consulted a solicitor before entering the post, these acts would be preparatory or administrative work carried out prior to performing the paid for service.

A company providing a checking and form filling service is not doing administrative or preparatory work when they are doing the paid for service.

paddyrg

Caveat Viator Ltd - wow the clue is in the name 'Let the traveler beware'

ossie48

Im interested in this. Excuses aside I needed a replacement licence in a hurry, had numerous tabs open as I was researching the whole business (Im an old paper licence holder) and must have ended up clicking on their page. I never usually touch sponsored links with a barge pole!

In my situation the service they provided was to simply forward my details to the DVLA, charging me £40 for the 'service' plus £20 DVLA fee.

I actually received an e mail from DVLA thanking me for my online application (which made me think I had used the real site), only when I looked at a bank statement did I see the £60 gone!

Having won at POPLA recently Im up for a fight with these scammers as well.

Ive emailed them (for evidential purposes - I dont expect a reply) within 5 days of the application asking for a full refund. Has anyone gone down the small claims route and not had a refund ?

DCFC79

ossie48 wrote: »

Ive emailed them (for evidential purposes - I dont expect a reply) within 5 days of the application asking for a full refund. Has anyone gone down the small claims route and not had a refund ?

What do the T&C's say about refunds, because they have provided the service for you they might well say no to a refund.

wealdroam

ossie48 wrote: »

Ive emailed them (for evidential purposes - I dont expect a reply) within 5 days of the application asking for a full refund. Has anyone gone down the small claims route and not had a refund ?

Sorry I cannot directly answer you question, but MSE published a News item earlier this week on these copycat websites.

It does seem to concentrate on Income Tax Self Assessment, but also mentions other types of rogue sites.

Here's a short extract from that News item:

I've been caught out. Can I get my money back?

In short, it's very difficult to get a refund. HMRC says many of these sites ask people to sign up to complicated, binding agreements, which are very difficult to get out of. Most forum users report these companies have been reluctant to hand back payments.

However, if you believe you've been misled or the website didn't make it clear it was a paid service, and you want to cancel your contract and get a refund, it's worth directly contacting the firm in question to ask.

You can also report the incident to the OFT or Trading Standards by calling the Citizens Advice consumer service on 0845 404 0506.

ossie48

DCFC79 wrote: »

What do the T&C's say about refunds, because they have provided the service for you they might well say no to a refund.

A quick update on this. I had an e mail this morning offering a refund within 3 working days minus an £8 admin charge.

To say I was shocked to get an almost instant reply was an understatement. I have accepted and lesson learnt.

ossie48

ossie48 wrote: »

A quick update on this. I had an e mail this morning offering a refund within 3 working days minus an £8 admin charge.

To say I was shocked to get an almost instant reply was an understatement. I have accepted and lesson learnt.

Needless to say a refund hasnt been forthcoming, they say they have problems with their payment system ? Clearly they dont have problems taking your money, just refunding you.