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Lowell solicitors/court letter. Vodafone Debt

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  • Lowell solicitors/court letter. Vodafone Debt

    Hi All,

    I am writing this on behalf of a friend and i am wondering what the chances are that he will win his case.

    Back in 2013 he was contacted by vodafone saying that as he was a loyal customer and always paid his bills on time that he would be eligible to have a tablet free of charge as a gift. He said to vodafone that he would like more time to think about whether he would like to receive the tablet as a free gift or not. Without his permission vodafone sent him a tablet in the post. When he opened the box he found not only 1 but 2 tablets in the box. He visited his local vodafone store and the customer service representative said to him that he would arrange courier collection for the 2 devices as he didn't say that he would like to receive what he thought was going to be 1 tablet for free.

    The courier never came to collect the devices. He then phoned Vodafone customer services up asking why a courier hasn’t come to collect the devices. He was then informed the tablets were Non-returnable. Customer Service told Him that He missed the deadline to return the devices and couldn’t do nothing about it even though he never agreed to signing up to anything in the first place.

    He cancelled his direct debit for his current contract and because Vodafone had send him these tablets with a sim card his bill went to £90 a month without any notification that had he signed up to received a free tablet there was any cost for a monthly contract with that.

    To this day the tablets have remained in the box with the security seals intact. the SIM card that was sent with the devices has also not been opened because he never ever agreed to signing up for this.

    He has repeatedly called vodafone asking for proof of an electronic signature of the telephone recording that took place to say that he had given them permission to sign him up for the tablets in which they have never been able to give any evidence. His debt has been sold and passed around various debt agencies and we've finally now got to this stage where it is being taken to court.

    Thanks for reading

    Ashley
    Tags: None

  • #2
    Re: Lowell solicitors/court letter. Vodafone Debt

    Hi Goalmaster6 & welcome to LB.

    Has your friend actually received a court claim, or a letter before claim from Lowells (or their legal rep)?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Lowell solicitors/court letter. Vodafone Debt

      Hi Charitynjw

      I believe my friend has received a court claim. He has 14 days to reply on whether he wants to dispute the claim or pay. The letter mentioned £70 court fees so i'm guessing that this is going to court.

      Lowell solicitors are taking action on this.

      Comment


      • #4
        Re: Lowell solicitors/court letter. Vodafone Debt

        Does it look something like this, with a court seal, claim number and issue date?

        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Lowell solicitors/court letter. Vodafone Debt

          Oh no, As far am i'm aware it doesn't look like that. I shall get a photo and post it later.

          Comment


          • #6
            Re: Lowell solicitors/court letter. Vodafone Debt

            OK, So he just told me that the paperwork he received had to be sent back to Lowell solicitors limited and also to the County Court Business centre in Northampton stating that he intends to defend all of the claim.

            Comment


            • #7
              Re: Lowell solicitors/court letter. Vodafone Debt

              Originally posted by Goalmaster6 View Post
              Oh no, As far am i'm aware it doesn't look like that. I shall get a photo and post it later.
              Ok. It's best to know what we're dealing with.

              Originally posted by Goalmaster6 View Post
              OK, So he just told me that the paperwork he received had to be sent back to Lowell solicitors limited and also to the County Court Business centre in Northampton stating that he intends to defend all of the claim.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Lowell solicitors/court letter. Vodafone Debt

                Please see attached.
                Attached Files

                Comment


                • #9
                  Re: Lowell solicitors/court letter. Vodafone Debt

                  Originally posted by Goalmaster6 View Post
                  Please see attached.
                  Has the claim been acknowledged?

                  If not he must do so asap if this is not done he will get a judgement by default!

                  He should acknowledge via Money Claim online (MCOL) and state his intention to defend in full, he should Not enter any defence at this stage.
                  This acknowledgment gives him 28 days to file a defence from the date the claim was issued.

                  nem

                  Comment


                  • #10
                    Re: Lowell solicitors/court letter. Vodafone Debt

                    Hi Nem,

                    He has replied with documents that came in the post notifying Lowells and and the court saying that he is appealing and this has been sent recorded delivery.

                    Comment


                    • #11
                      Re: Lowell solicitors/court letter. Vodafone Debt

                      Ok that's an N1STD court claim form.
                      Does it have a court claim number on it? (ie have you redacted it?)
                      If you have doubts as to it's validity, you can phone the court to check.
                      If it is kosher (it looks so to me) it should be acknowledged with the court (not necessary to Lowells; the court will do that) asap, & certainly within 19 days of the claim issue date.

                      Edit
                      Posts crossed with [MENTION=55034]nemesis45[/MENTION] (Good afternoon, nem)
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Lowell solicitors/court letter. Vodafone Debt

                        Originally posted by Goalmaster6 View Post
                        Hi Nem,

                        He has replied with documents that came in the post notifying Lowells and and the court saying that he is appealing and this has been sent recorded delivery.
                        Appealing what there has been no judgement to appeal, so it's a defence needed Not an appeal

                        If possible I would like to see what he has sent to the claimant and the court.

                        Has he actually acknowledged service of the claim properly if not he may well be heading towards a judgement by default or has just returned the court forms saying he want to " appeal"??

                        Comment


                        • #13
                          Re: Lowell solicitors/court letter. Vodafone Debt

                          Hi Charity,

                          It does have a claim number on it but i thought I'd remove it just for privacy.

                          He has sent a letter to the court.

                          What are the next steps from here?

                          Comment


                          • #14
                            Re: Lowell solicitors/court letter. Vodafone Debt

                            Originally posted by charitynjw View Post
                            Ok that's an N1STD court claim form.
                            Does it have a court claim number on it? (ie have you redacted it?)
                            If you have doubts as to it's validity, you can phone the court to check.
                            If it is kosher (it looks so to me) it should be acknowledged with the court (not necessary to Lowells; the court will do that) asap, & certainly within 19 days of the claim issue date.

                            Edit
                            Posts crossed with @nemesis45 (Good afternoon, nem)
                            Good afternoon [MENTION=5553]charitynjw[/MENTION]

                            A very confusing thread?

                            nem

                            Comment


                            • #15
                              Re: Lowell solicitors/court letter. Vodafone Debt

                              Originally posted by Goalmaster6 View Post
                              Hi Charity,

                              It does have a claim number on it but i thought I'd remove it just for privacy.

                              He has sent a letter to the court.

                              What are the next steps from here?
                              If it were me I'd do as [MENTION=55034]nemesis45[/MENTION] has suggested (post #12).
                              There may be a bit of unpicking to do.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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