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Adjudication

Publication Date
09 November 2016
Case Reference
96144
Procedure
Track 2
Adjudicated Party
Bakhshi, Yuwan Kant
Service Type
Not relevant
Tribunal's final assessment
Sanctions
4.8.3 (g) Sanctions
Breaches raised
Summary

The Tribunal was asked to consider imposing a prohibition against Mr Yuwan Kant Bakhshi pursuant to paragraph 4.8.3(g) of the 14th edition of the PhonepayPlus Code of Practice (the “Code”).

The case related to an adjudication against the Level 2 provider (the “Level 2 provider”) Blue Triangle Technology Ltd (3 March 2016, case reference: 87228), which concerned a breach of the sanctions imposed by an earlier Tribunal (25 June 2015, case reference 57739) and non-payment of the associated administrative charges. The case on 25 June 2015 concerned a customer service helpline operated under the name Loanster Money UK (the “Service”).  Among other issues, consumers had received missed and silent calls which appeared to come from the premium rate number 09131050149 which had misled them into engaging with the Service.

On 3 March 2016, the Tribunal instructed the Executive to initiate the process which may lead to the prohibition of Mr Bakhshi pursuant to paragraph 4.8.2(g) of the 13th edition of the Code of Practice (then in force).

At the hearing on 26 October 2016, the Tribunal concluded that Yuwan Kant Bakhshi was an individual associated with Blue Triangle Technology Ltd who had been knowingly involved in a series of serious and very serious breaches of the Code.

Taking into account all the circumstances, the Tribunal prohibited Mr Bakhshi from providing, or having any involvement in, any premium rate service for a period of three years from the date of publication of this decision.

Administrative Charge Recommendation:                                                                                   100%

Click here to view the Adjudication decision