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    • Thanks. In that case when it comes to preparing my court bundle I will remover the Bradbury v UPS case. And I agree, @occysrazor 's case is the strongest asset I have in defence. Hopefully the necessary literature will be available by the time of my court date.  
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    • So I like a bit of fun with the horses and have a few profitable tipsters, when i make a profit i re-invest and try more, nice little way to work on the side. This site looked promising however after joining a Telegram group I was not at all happy with the service as it was completely dead.. a week went past... I thought it was brokedn (expecting 14 tips by now)... 2 weeks went passed.. a tip came in about something happening in a few weeks... the month was nearly up (£49 couldnt be recouped by these bets) I complained via email asking for a refund as it was not as advertised, website says 1-2 tips a day, i expected that.  There's no way i could recoup £49 a month on 1 or two tips.  I didnt get a reply. I tried again,  no reply. Ive then had to up the email wording to request Im now really not happy. I get a reply and it appears they agree a refund (this doesn't get processed) Fed up i send a notice before action letter. I then get various emails of a very unprofessional manner and one towards the end that sounds a bit like a threat. I would encourage others to be very cautious about this website and if that was a threat (I know where you live, i have your postcode)  It becomes a police matter.  Im sure, it is just a recording of my personal data so I cannot be allowed in the telegram group again. Either way, is there anything ive missed? Emails below in order.   On 22/05/2024 11:31,  wrote: Hi I havent had a response to my last two emails, and Im not getting what's displayed on the site (1-2 bets a day) Please can you process a refund as its not what I was expecting   Thanks   --------- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:17 To:  Subject: Re: REFUND   Hi X, Are you still in the private telegram group? Regards, Ash -- On 22/05/2024 12:21, I wrote: Hi Its all still logged in yes as per the day it was set up   thanks ---- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:25 To:  Subject: Re: REFUND   Hi X That is fine. When did you send the previous emails? This is Marc speaking here I run the service. So on the 1-2 bets per day, some days there are no selections because there is no value or information. It is impossible to make profit long term betting every single day. Did you get on Macduff 33/1 for the Derby? Regards, Marc ----- From: X Sent: 22 May 2024 12:41 To: info@premiumracingtips.com <info@premiumracingtips.com> Subject: Re: REFUND   Hi Marc, I sent a mail on the 16th initially then Monday this week to follow up.   Yes, Got a Derby tip through but nothing else in a week   Ive based this on needing £50 profit required to break even, so expecting 1-2 bets a day (sorry) , £2 average bet profit needed to make a small profit after the subscription fee, as a test then move up as confidence grows   I probably need a larger starting bank to benefit from this properly.   Thanks X ======================================== Then, no further correspondence received until almost a month later: ====================================== 17/06/2024 Good afternoon,   Further to my correspondence below I am notifying you of court proceedings.   If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. Court fees will be added to the final invoice adding £215 minimum to the refunded amount and this will affect your ability to get credit.   I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction. I look forward to your acknowledgement. Yours faithfully, X   ============== NOW i get a response! =============   Tuesday 18th/06 Evening X Firstly, I know the law (family member is a QC) so this legal jargon does not work with me. Secondly, you were already processed a pro rata refund on the 5th of June 2024. Sometimes this does not appear on the bank statement. The bank can find this with the Acquirer Reference Numbers (ARN) - 88888888888888888 Once the bank have confirmed this I would personally like an apology for the time you have wasted and the serious accusation. Regards, Marc =================================================== I was going to drop it at this point, throw it in my spam folder as a mistake in my judgement, lessons learned to do due diligence on such a company next time, however this then got my back up when a pestering follow up arrived: ==================================================   From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 20 June 2024 18:35 To:X Subject: Re: Notice Before action - Court proceedings   Hi X Still waiting on a response and an apology? Regards, Marc --------------------------- On 21/06/2024 09:11, X wrote:  I dont think you read the email correctly, so I will presume you misunderstood.   The only thing Im sorry about is using your service.    To recap:   You didn't respond to emails, of which I had to send multiple to get an ounce of attention You did not confirm any refund or ask to agree on pro-rata reduced refund You do not send out 1-2 tips a day as per your website (trade description act breach) And you seem to forget who is the customer here, you have been dismissive and non responsive and now asking for an apology??   My 14 day notice still stands, I am currently not satisfied with the response and a full refund is still outstanding.   This can be processed easily and without further waste of time. Please process this or send on your final response on this matter (letter of deadlock) so next steps can be taken.     ------------------------------------------------- Sun 23/06/2024 21:18 High importance You replied on Mon 24/06/2024 09:06 Evening X Thanks for another email. Payment has been refunded Acquirer Reference Number (ARN) 8888888888888888888 (altered for security) I am sending this again as you did not acknowledge you have received the refund. This was processed on the 5th of June 2024. Sometimes I have bad actors that join my service and try and defraud my business with similar tactics to what you are attempting. It's pretty embarrassing that you are attempting to defraud a business after you have already been refunded. Tells me a lot about your character. I advise you use this link - https://www.gamstop.co.uk/ Also, for future reference this is your postcode - xxx xxY ???  (altered for security) Regards, Ash -------------------------------------------- My final mail: --------------------------------   I do not agree with any of your statements, in order for fraud to occur something must be untrue. You have other unhappy customers, that's interesting to know.   I acknowledge a partial refund has been received for  £24.99  - so  £25 is still outstanding.  I do not agree to a pro rata refund for something I haven't received.   Thanks for the link, but it doesn't apply to me (unless that was an insult, if so, you're 'business' condones insults to customers?)     Thank you for acknowledging you also have my personal data on file. Under GDPR, I do not consent to you storing any of my personal data and this now must be deleted as well as anywhere it may have been shared.   Thank you  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Potential employer lost my passport, where do I stand?


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I went to a group interview with a Merlin Entertainments establishment in December, and was asked to provide my passport for verification of my right to work in the UK. I did so willingly and they collected everyones in and took them away to copy. Later, in the middle of our session, they went round handing them back to the 'correct' people and it wasn't until I got home that I realised I had been given the wrong one. I tried contacting them by every way possible asking if they could just contact everybody else who was at the interview and ask them to check whether they had mine, but they were completely uncooperative. They said they couldn't do anything, said I should just buy a new one, and basically just ignored all further correspondence I tried to have with them. It was such a simple request that they could have helped me with and I feel like if they had done it, I would have got my passport back.

 

As it was in the end I had to buy another one at 130 pounds in order not to shatter my christmas plans, money I did not have as I was job seeking in the first place. I then contacted them again with a very polite, formal letter explaining everything and asking whether they would at least acknowledge the serious neglect that happened on their part, but again I have been absolutely ignored. My other worry is of course that someone has used my passport to gain a false identity, so it could be a very serious matter. I have followed up the letter with calls and emails, which have been passed on through different departments and again, ignored.

 

Could anyone tell me what the situation is here, I mean are they liable for anything at all? Is there someone else I should contact, or do they just get away it scott-free? It makes me so angry as I have been through so much hassle and none of it was my fault- I applied in good faith for a job I believed in and ended up forking out around 200 pounds in phone calls, transport and new passport. Anything anyone could suggest would be GREATLY appreciated!

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Hi Dten

 

Did you ask for advice from the passport office?

 

I think that's what I would have done in the first instance, there may be a chance that the person who has your passport has reported it to them.

 

Were there many people at the interview?

 

Have you tried to find any contact details for the person whose passport you were given in error? No doubt they will be panicking at their loss too!

 

I would also be writing to the CEO of Merlin to complain about the lack of assistance you have experienced since the interview.

 

P.S. Welcome to CAG! :-)

Edited by Dotty50
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Hi Dotty50

 

Thanks very much for the quick response.

 

Yeah, I spoke to the passport office several times and they said there were only two choices- wait for it to turn up, and not be able to leave the country, or register it as lost, which I did.

 

There were probably around 20 people at the interview. The first thing I did when I found out was ring the guy who's passport I had (his number was in the back). I hoped it would be a straight forward swap but he checked his bag and somehow found that not only did he not have my passport- he didn't have one at all! Which begs the question did they actually lose one of the group's completely, as how else did he end up with none, unless someone else got two back? The weird thing about this was that the guy was completely unfazed about his missing passport. I asked him if he would just message me his address details so I could post it on to him, and he's never got back to me to this day, so his is sitting in my room waiting! I tried to trace anyone else that I could from the day, but only managed to find one other person, who didn't have it.

 

I don't know what else I could have done.

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Hi

 

I am sure you will need to contact passport office to report that passport as missing and their advice on a replacement.

 

Also the individuals passport that you were given I would either hand into the local police station explaining whats happened or post to passport office.

 

Also report it lost/stolen using this link: https://www.gov.uk/report-a-lost-or-stolen-passport

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks guys:-)

 

Yeah, I have reported it as lost, as if I'd reported it as only 'missing' they wouldn't have let me get a new one immediately, which I needed to go away. And I didn't see why I should miss out on my trip.

 

I have also written an extensive complaint letter to the head quarters of Merlin Entertainments, and have received absolutely no reply- hence why am trying to find out where I/they stand. Not only is the whole mix up pretty appalling, then there's their complete lack of any kind of assistance to help me locate it, and to add final insult to injury, they do not even apologise or respond to my letter to explain what might have happened. I am really shocked at their bad service!

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Well you seem to have done as much as possible, but how strange that the guy whose passport you were given hasn't come back to you!

 

You could try a call to trading standards about the appalling service you have received, or try and find an email address to Merlin then experiment with the email addresses by sending them to the CEO, Nick Varney or Andrew Carr, Chief Financial Officer (I've got these of wiki).

 

Email addresses usually have a similar format for the staff and management.

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I would do a letter before action explaining that they had a duty of care to look after your passport, breached that duty of care by failing to return it and failing to make any attempts to rectify the situation, and asking them to compensate you for the cost of a new passport and associated phone calls. If they fail to comply then small claims court it is.

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I would do a letter before action explaining that they had a duty of care to look after your passport, breached that duty of care by failing to return it and failing to make any attempts to rectify the situation, and asking them to compensate you for the cost of a new passport and associated phone calls. If they fail to comply then small claims court it is.

 

I agree with this - why should you be out of pocket? They assumed control of the passport and lost it, so it does sound like a potential small claim.

 

Not to mention in pretty sure it's a criminal offence to give you someone else's passport! They've been incredibly irresponsible.

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Hi

 

I have to fully agree that companys employee had a duty of care over such a legal document which that company requested to hand over to get copied and had a duty of care to ensure that the legal document was returned safely to its original owner.

 

1. Due to their Employee taking those passports that company had a legal duty of care for it safe return to original owner.

 

2. The company has taken NO action to try to resolve the matter or trace the legal document therefore leaving you the original owner at risk of Identity Theft due to that companies negligence.

 

3. What legal purpose does that company require a copy of all passports, where is this information stored, (If you didnt get the job then request that all your personal data is removed from their systems)

 

4. The company has lost a legal document in its posession belonging to the original owner taking no responsibility for the serious nature of this Data Protection breach or action to try and recover said document nor has the company asked you to return the incorrect legal document given to you by their employee which in turn leave that other person open to Identity theft and another Data Protection breach. (contact the Information Commissioners Office ICO and see what they say).

 

5. Due to the negligence of this company you have had to report that missing legal document to police, passport office and had the extra costs of having to purchase a New Passport and costs of calls trying to resolve their error.

 

Go get these idiots.

 

Chief Executive Officer Nick Varney

Merlin Entertainments Ltd

3 Market Close

Poole

BH15 1NQ

 

Head Office Tel: 01202 666900

 

Sir John Sunderland - Chairman

 

Andrew Carr - Chief Financial Officer

 

Tea Colaianni - Group HR Director

Edited by stu007

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Hi everyone,

 

Thanks very much for all your good advice.

 

I am definitely going to investigate all these things and send some more letters out to all those head honchos at Merlin. I am glad that you all feel I have a case here, as I didn't want to get into some battle where I was being ridiculous, or might end up standing to lose even more. But it's right, I don't see why I should stay out of pocket for all the expenses I have incurred.

 

Wish me luck!!

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I'm having a second thought on this issue. In my view a passport should never be handed over but shown. If the employer has lost it while checking it, I think this could technically count as theft.

"Ask not what your country can do for you, ask what you can do for Poundland"

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Dont really think it comes under theft, theft is dishonestly taking somthing with the intention to permenently deprive, in this case the passport was handed over willingly and then appears to have been lost.

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Indeed. Complaint to the ICO and a Letter Before Action demanding repayment of the out of pocket expenses resulting from their negligence.

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I would also report them for copying the passport without your written consent. The Home Office makes it clear in its guidelines how this consent must be made and that a copy of the consent must be kept with the photocopy. They also limit what may be copied to prevent unautorised access to your passport. The bare bones of the matter is that it is illegal to actually copy a passport but the HO doesnt enforce this because we dont have identity cards in the UK but must obey various laws that require proof of identity.

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this is terrible!! i am astounded that they will not take the blame for this they should compensate you for a new passport!

 

because you know. Looking at what they hand you back would not have been sensible at all....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I personally never hand my passport over without losing sight. If they need to make a photocopy I want to see the whole process. In other European countries it is an offence just to hand over your passport to whoever is not a public official.

"Ask not what your country can do for you, ask what you can do for Poundland"

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