** LOST ** Vodafone refuse to help

[amunray]

Re: Vodafone refuse to help

Morning everyone

I submitted my defence (using LB's template) on the 1st November as per the MCO deadline.

I then received a letter from Lowells and subsequently, one from the court (please see attached).

Although it seems to be a straightforward questionnaire, I wanted to ask if this is common for Lowells to decide on mediation after threatening court action?

Is this a route you would advise?

Or...are Lowells doing this because they could/would not provide details requested in the
CPR 31.14 that I sent them?

All really new to me, so, your advice would be greatly appreciated again.

Many thanks in advance

A.

[Amethyst]

Re: Vodafone refuse to help

Yes the Direction Questionnaire is nearly always marked yes for Mediation by the claimant. It is worth saying yes in case they do supply the documentation beforehand, but otherwise you'd just tell the mediation caller that no documentation had been received and mediation wouldn't go ahead, unless you particularly wanted to discuss any settlement offer etc.

You should just complete yours and return it to the court and send a copy to Lowell Solicitors.

Just seen I didn't see your previous reply - did you include the CCA in your defence ( as it would likely apply IF there was a credit agreement for the handset ) - otherwise the CPR 31.14 is plenty to ask them to provide documents. and use in your defence. Did you manage to dig up any old emails from the online phone shop you got the phone & contract through?

[amunray]

Re: Vodafone refuse to help

Hi Amethyst

I will get the questionnaire sorted and sent off to the court and a copy to Lowells, with a yes to mediation, just in case. Oh no...I didn't include any CCA as I couldn't find one and I thought mobiles were not covered (well that's what Lowells told me)

I checked all the paperwork I have for bills etc., found nothing and totally forgot to check for emails, OMGoodness.
Right, going to do that right now, will update once I have done that, sorry.

[amunray]

Re: Vodafone refuse to help

The only emails I could find were for the mobile phone order through an online phone company and some web chats with Vodafone's customer service teams regarding my first bill, temporary termination of services, repayment proposal and consequent cancellation of services by Vodafone.

Nothing that mentions a CCA unfortunately.

I think I will need to dig out a bag of paperwork I had stashed away and double check if there is anything at all in there from Vodafone.

Will check in again tomorrow whether I find the paperwork or not. Thanks for being so patient and sorry for being so disorganised

A.

[Amethyst]

Re: Vodafone refuse to help

I'd be amazed if you'd had it all to hand, you should see my filing system...well, you couldn't as it doesn't exist - just piles of paper randomly in boxes ....

The CCA would only be applicable if you had a airtime contract, and bought a phone off them on credit as well - my current phone contract is like that so I have a full credit agreement on the phone for say £20 a month, then pay the airtime for say £4 a month ( but all goes out my account together) - but all my previous ones have been, basically, a free phone with an airtime contract, which isn't covered by the CCA.

[amunray]

Re: Vodafone refuse to help

Thanks for making me smile Amethyst...It is a massive bag of old papers which I have now emptied onto my floor to sift through properly tomorrow.

Sounds like I got a free phone with an airtime contract, from the way you have it explained it. The email from the online mobile shop is the order for the phone which ahows a zero cost. I need to check if there is any paperwork between that email and the first email from Vodafone, asking me to confirm my email account with them.

I know it's late, so will check in again tomorrow.

Have a good night

A.

[amunray]

Re: Vodafone refuse to help

Hi Amethyst
Only found vodafone letters (3) where I had defaulted and they advised of my balance owing, probable termination fee and other costs plus the handing over to Lowells. What's weird though is I got another letter from Lowells dated over a month after they received my CPR 30.14 request and after the directions questionnaire was sent to me, I have attached the response. Also, I think I messed up big time as I missed the call from the mediation service yesterday. I realised it was them when I called the number back. I guess that's it with that route and probably the threat of court again will arrive soon. In my situation, what advice would you give me now please?
Thanks again
A.

[slainte caragh]

Re: Vodafone refuse to help

From personal memory, Vodafone don't do airtime and handset contracts. Of course I have been out of the loop for a while when it comes to phones so this could be something new!

I am googling frantically to see if memory serves me well.

HOWEVER....

If you have bought this from a 3rd party, is said 3rd party permitted to sell CCA agreement contracts on VF's behalf?

I know that Carphone Warehouse cannot offer refresh contracts as these contain a CCA and I believe that if you take a contract out via somewhere like Tesco with them they are standard contracts too.

If you were offered this as an early upgrade please make sure this wasn't what is known as an industry buy out which means the 3rd party didn't pay off the termination costs for you to tie you in with them.

Stolen from the VF website

Flexi-upgrades

You can upgrade your plan from 6 months into your contract, to a plan of equal or greater value. There'll be a fee based on the value of the phone and the number of days remaining on your original contract. (Flexi-upgrades don't apply if you bought from a third party, such as Carphone Warehouse).


This tells me at a glance there is NO CCA applicable here.

[amunray]

Re: Vodafone refuse to help

I bought the phone from a 3rd party - Mobile Phones Direct. It was an upgrade (not flexi) moving from Orange to Vodafone on a pay monthly tariff. To be honest, I have no idea whether they're allowed to sell CCA's or not.

Just to add...mediation rang me back and asked if I had enough info to proceed, I told them no as I have nothing from Lowells. They said for that reason, the case would have to go back to the small claims track I think it was and I would receive a letter confirming that.

I guess I will just have to wait for that and see where I go from there.

[slainte caragh]

Re: Vodafone refuse to help

I bought the phone from a 3rd party - Mobile Phones Direct. It was an upgrade (not flexi) moving from Orange to Vodafone on a pay monthly tariff.
This would not have been an upgrade, but a new contract entirely. An upgrade only happens on your existing supplier. I have no idea if this can be used as a defence (incorrect info if showing on the details of case but @Amethyst might.)

To be honest, I have no idea whether they're allowed to sell CCA's or not
Double checked and VF do NOT offer CCA agreements so this line of defence wouldn't work. There would be no CCA to produce.

Just to add...mediation rang me back and asked if I had enough info to proceed, I told them no as I have nothing from Lowells. They said for that reason, the case would have to go back to the small claims track I think it was and I would receive a letter confirming that.

I guess I will just have to wait for that and see where I go from there.

Comments as always in blue, I hope they help.

[amunray]

Re: Vodafone refuse to help

Really helpful information, much appreciated.

Received a letter from the court sayingthe small claims mediation team has arranged for the case to be transferred to my local court where it will be referred to a procedural judge.

Not much I can do as I have still been unable to secure employment, so no real income. Will just have to see what happens nect.

Thanks again Slainte.

[amunray]

Good afternoon everyone, hope all is well with you.

So, since my last post, my local court has set a date for the 14th July (not sure why a Saturday).

Prior to that, Lowells had sent me photocopies of my mobile phone statements as well as their letter that says get in touch to see if we can work a payment plan out beforehand to avoid going to court. Admittedly, I did not get in touch with them as Vodaphone themselves had already refused my monthly repayment offer and Lowells had been less than helpful in the run up to this point. Maybe that was a mistake on my part.

On Saturday 30th June, I received from a Lowells Paralegal, witness statement which were pages and pages long. It contained the same mobile photocopies as well as letters which seemed to be from Vodafone but were not on their headed paper, just typed on plain paper. One was about my default and the other about their assignment; again not on Vodafone headed paper.

Anyway, my biggest fear is how much 'stuff' they are submitting, most of which I just cannot understand due to all the legal language and jargon used.
I am just a normal young guy who got into a financial bind due to unemployment. This is the first time I have ever been in a situation like this and am completely out of my depth. I have read and read so much on the forum about similar cases and even downloaded some examples of witness statements but to be really honest, I just cannot get my head around it all; it is so complicated for someone who has had no experience of the court process.

I feel as though it would just be better to let Lowells get on with it and whatever happens happens. But then I think I should at least try. Yet, even if I manage to put some sort of witness statement together (with your help hopefully), I am unemployed, live at home with my mum and have absolutely no disposable income. I haven't even told her as I don't want to worry her; she has enough on her plate to deal with.

If any of you can help me going forward, I would be eternally grateful. I can post up any of Lowells correspondence, to date if it will be of any help.

Thank you in advance and I hope to hear from you soon...doesn't have to be today as I know how busy you all are; I will just keep checking in.

A.

[slainte caragh]

If you can post up (removing any identifying details such as name and address), the geniuses here will help out

[amunray]

Hello again Slainte, Many thanks for responding so quickly.

I will get the correspondence scanned, edited and hopefully uploaded later this evening or first thing in the morning.

Many thanks

A.

[amunray]

Good morning Slainte and fellow LB's.

I am still trying to put some of the court correspondence from Lowells in order with refs to them as there is to much to scan and upload. I am also going to try and put the stuff which I sent to Vodafone and Lowells (not the ones I have already posted) in order so you can see if they have any value to the case.

Please bear with me for a bit longer while I get it all together for scanning and uploading. I am off for another interview and will continue sorting everything out for this afternoon. Apologies for not being able to do that this morning as promised.

Thanks again and I will be back with you this afternoon.

A.