Lowell solicitors vodafone small claims court - advice needed

[Diana M]

Re: Lowell solicitors vodafone small claims court - advice needed

Further to recent correspondence received from the Ombudsman, we have been asked to write to you.

The Ombudsman has advised us that you have accepted their conclusion and we are required to:

• Cancel the contract ending 133 without penalty;
• Credit your bank account with £105 as a refund of the monthly charges;
• Send a letter of apology.

Ive had neither

If you believe Vodafone should have paid £105 as a refund into your account to settle the matter have you considered whether a Counterclaim may be appropriate?

Diana M

[R0b]

Re: Lowell solicitors vodafone small claims court - advice needed

I agree there may be a counterclaim against Vodafone based on the information contained in their letter.

What I don't think has been answer unless I've missed it, is whether or not the account has been sold to Lowell and Lowell Solicitors are instructed to act on their behalf, or whether Vodafone has instructed Lowell to act on Vodafone's behalf.

On top of that references about the Ombudsman have floated about but we do not know what Ombudsman you went to, was it the Communications Ombudsman or some other one?

As for this 'mediation form' perhaps if you can upload it on here with your personal information redacted we can take a look at it. If it came from the court there should be a claim number on there which you can then contact the court with and verify if the claim number is live or whether Lowell has added a random number on there. If there is no claim number on the document then I'd be inclined to think there is no claim at all.

I think a back to basics approach is appropriate since in my view, your posts are all over the place and nothing seems to be coherent:

1. Who is the claimant bringing the supposed claim? Vodafone or someone else

2. Find out the claim number from the documents you already have to hand. If you have nothing then perhaps a call to Lowell Solicitors to get them to confirm the claim number that has been issued - they will have that information. If they refuse, threaten to report them to the SRA for a breach of the code of conduct. Once that information is obtained you can then call the court and request a copy of the claim form if the claim is real or they will tell you that no claim exists which means Lowell are doing some kind of underhand tactic.

3. It would also be helpful to know which Ombudsman you complained.

4. Based on the Vodafone letter you have provided on here, I see no reason why mediation should be suggested as per the letter, you owe nothing to them and there is nothing to settle. If Vodafone haven't paid up as of yet then you may need to issue a claim (or counterclaim) against them for the payment of that money as well as the distress for selling that non-existent debt on to a debt purchaser (I'm assuming this).

Without the relevant documents and knowing what stage you are at in the litigation process, as Diana has said, we can't see how any of us or even yourself can know what to do.