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Lowell solicitors vodafone small claims court - advice needed

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  • Lowell solicitors vodafone small claims court - advice needed

    Good afternoon ,

    To cut a long story short , my phone was stolen in 2015 vodafone couldn't reconnect my line and i spent months paying for a service i never received. I went to the ombudsman after spending months and months hours on the phone and web chat


    my reply from vodafone was



    ive had no refund to my bank what so ever

    i then receive this from fredrickson




    the beginning of march i then receive what looks to be like fake court documents from lowell solicitors stating that they are taking me to small claims court for the total of £466.73 At first i was going to just throw it in the bin as it had what looked like official court stamps on there but it wast stamped by the court,, it looked real dodgy but as to my surprise it was official

    Ive never heard from them before what so ever all i know that is the total sum and its for vodafone

    I have filled in the defense forms to the court and provided the above documents also chat logs with vodafone of the many hours spent online trying to sort out a phone line that they cannot reconnect.

    I then receive a letter from lowell solicitors stating that they have requested mediation and would prefer to do this rather than going to court.

    Ive never done this before so any advice would be appreciated as
    1 , there should be no debt ,
    2 - the figure has jumped from 46 to 466 with no basis or information given .
    3- should i agree to mediation or should i tick no on the box and hope for the best in court .

    I did actually call the court today and stated that i had no information with regards to this case told them that lowell hadnt contacted me at all only what looked like fake documents for a small claim that i nearly threw in the bin and they didnt want to know they stated any information i need i need to contact lowell - she was rather abrupt and didnt want to know . I have to fill this in and get it to the court by 1st may ooooooooo

    Thanks in advance
    Tags: None

  • #2
    Re: Lowell solicitors vodafone small claims court - advice needed

    tagging [MENTION=55034]nemesis45[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    But please include a link to your thread so I know who you are.

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    Comment


    • #3
      Re: Lowell solicitors vodafone small claims court - advice needed

      So the 'fake documents' you are referring to are you able to post them up we may be able to tell you if you should be concerned or not and the court ought to have confirmed based on the claim number if it was real. Generally though if they look like court documents you should take them seriously.

      Have you acknowledge the claim, as that will give you 33 days from the date of issue (assuming it was issued by Money Claims Online).

      You mentioned the fact that you reported the issue to the Ombudsman, did they make a decision on this and did you accept it?

      Unfortunately the first two documents are too small to read, if you can enlarge them that would be helpful.

      When did the contract start and when was it due to finish?

      Because mobile phone contracts are both a sales for goods and services, if you reported your phone as stolen, I don't think that would enable you to simply stop paying for the service, especially if you could have purchased another phone albeit maybe a cheaper one or had covered yourself through insurance.

      It would be helpful to know what the Vodafone letter says though as you may have a defence based on what they have said.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      Comment


      • #4
        Re: Lowell solicitors vodafone small claims court - advice needed

        Thanks for your reply , the documents that looked fake was filled in and returned to the court with my defence as i had to fill these out in resonse to the case. the phone was stolen i purchased a new phone but they was unable to reconnect the line after they had locked the line down after it was stolen. I purchased a new phone myself and they was unable to unlock the line in any way , they stated as follows from their letter attached


        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 only a letter from lowell solicitors taking me to small claims court

        - - - Updated - - -

        Comment


        • #5
          Re: Lowell solicitors vodafone small claims court - advice needed

          Hi,

          Can you post a suitably redacted copy of the claim form (N1) please.

          nem

          Comment


          • #6
            Re: Lowell solicitors vodafone small claims court - advice needed

            Hi there the form has been filled in and sent to the court in March so i dont have it ... but what i can say there was no official court stamp on there ... where the court stamp is it said in the circle stamp... County Court and the crown but no court name on it thats why i thought it was fake and sent it directly to the court ... i did say this to the court on the phone yesterday that it didnt have an official stamp and they didnt seem to care not helpful at all .

            Comment


            • #7
              Re: Lowell solicitors vodafone small claims court - advice needed

              Originally posted by NotHappyToday View Post
              Hi there the form has been filled in and sent to the court in March so i dont have it ... but what i can say there was no official court stamp on there ... where the court stamp is it said in the circle stamp... County Court and the crown but no court name on it thats why i thought it was fake and sent it directly to the court ... i did say this to the court on the phone yesterday that it didnt have an official stamp and they didnt seem to care not helpful at all .
              Hi,

              Shame you didn't keep a copy for your reference.
              Was this claim via Northampton County Court Business Centre?
              What other form were included?

              nem

              Comment


              • #8
                Re: Lowell solicitors vodafone small claims court - advice needed

                Yeah im kicking myself i didnt keep a copy because it looked like a totally fraudulent document , yes it came from the business centre, there was nothing else included only the form to fill out , i then about two weeks later had a letter from lowell stating that they had applied for mediation and that i should do the same , i had the mediation documents yesterday. So do i go for mediation will it look bad if i dont ?

                Comment


                • #9
                  Re: Lowell solicitors vodafone small claims court - advice needed

                  Originally posted by NotHappyToday View Post
                  Yeah im kicking myself i didnt keep a copy because it looked like a totally fraudulent document , yes it came from the business centre, there was nothing else included only the form to fill out , i then about two weeks later had a letter from lowell stating that they had applied for mediation and that i should do the same , i had the mediation documents yesterday. So do i go for mediation will it look bad if i dont ?
                  Hi, If you don't have any documents e.g. an agreement it will be difficult for mediation to take place.

                  Do you have a copy of Lowell's letter re the mediation you can post here please.

                  nem

                  Comment


                  • #10
                    Re: Lowell solicitors vodafone small claims court - advice needed

                    Have I understood this correctly?

                    You had a dispute with Vodafone which you believe was sorted (maybe not).

                    You then received a claim form at the beginning of March from Lowells who had purchased the debt.

                    You filed a Defence to that claim.

                    You then received a Directions Questionnaire from the court which you returned/filed stating that you agreed to Mediation.

                    Lowells also greed to Mediation on their DQ.

                    You've now had an email/contact from the SCCMS intending to arrange a telephone Mediation appointment.

                    So since this situation started with a dispute with Vodafone, why don't you PM Legal Beagles Authorised Representative from Vodafone who can sometimes step in and help at times like these.

                    He's called @Lee Vodafone Company Rep

                    You'll find him here > http://legalbeagles.info/forums/memb...ne-Company-Rep

                    Di

                    Comment


                    • #11
                      Re: Lowell solicitors vodafone small claims court - advice needed

                      Hi thanks for your reply ...No haven't filled in the mediation form yet i have until 1st April to send it in ,

                      How can i mediate on a debt that i do not owe .... i haven't had an email contact with anyone . There was no debt to sell on as this was cleared in 2015 as can be seen in the above letters from Vodafone...

                      I went to the ombudsman in 2015 as can be seen in the above documents attached and they ruled in my favor and instructed vodafone as can be seen in the vodafone letter . Vodfone didn't refund the payments made on a dead line for months neither did they make any letter of apology . I was months trying to get it sorted with them , both phone letter and many hours of online chat they were a nightmare even after the ombudsman stepped in and they still haven't made good on what the ombudsman instructed of which i did inform the ombudsman but nothing was done.

                      Comment


                      • #12
                        Re: Lowell solicitors vodafone small claims court - advice needed

                        Originally posted by NotHappyToday View Post
                        No haven't filled in the mediation form yet i have until 1st April to send it in
                        Do you mean you've not had a DQ from the court or do you mean that you have got until April 1st (May 1st perhaps?) to file it?

                        This posts suggests that the Mediation service have already been in touch with you >

                        Originally posted by NotHappyToday View Post
                        i had the mediation documents yesterday. So do i go for mediation will it look bad if i dont ?
                        It's important to establish where you are in the court procedure cycle before debating whether you owe the money or not.

                        Di

                        Comment


                        • #13
                          Re: Lowell solicitors vodafone small claims court - advice needed

                          Hi there No the mediation hasnt been in touch with me please see the following save me typing it out again lol

                          the beginning of march i then receive what looks to be like fake court documents from lowell solicitors stating that they are taking me to small claims court for the total of £466.73 At first i was going to just throw it in the bin as it had what looked like official court stamps on there but it wast stamped by the court,, it looked real dodgy but as to my surprise it was official

                          Ive never heard from them before what so ever all i know that is the total sum and its for vodafone

                          I have filled in the defense forms to the court and provided the above documents also chat logs with vodafone of the many hours spent online trying to sort out a phone line that they cannot reconnect.

                          I then receive a letter from lowell solicitors stating that they have requested mediation and would prefer to do this rather than going to court.

                          Ive never done this before so any advice would be appreciated as
                          1 , there should be no debt ,
                          2 - the figure has jumped from 46 to 466 with no basis or information given .
                          3- should i agree to mediation or should i tick no on the box and hope for the best in court .

                          Comment


                          • #14
                            Re: Lowell solicitors vodafone small claims court - advice needed

                            Originally posted by NotHappyToday View Post
                            Hi there No the mediation hasnt been in touch with me please see the following save me typing it out again lol
                            I have read your previous post.

                            Have you read mine?

                            Diana M

                            Comment


                            • #15
                              Re: Lowell solicitors vodafone small claims court - advice needed

                              Originally posted by NotHappyToday View Post
                              No haven't filled in the mediation form yet i have until 1st April to send it in
                              ^ ^ ^ So what is the form which you have to fill in and send (to whom?) by 1st April (approximately three weeks ago)?

                              Diana M

                              Comment

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