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Thread: Vodafone refuse to help

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  1. #26
    amunray's Avatar

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    Default Re: Vodafone refuse to help

    Vodafone refused to 'entertain' me even at the very beginning so had no expectation of any help from them now anyway. So what about the county court claim that Lowells have initiated? I have already submitted an acknowledgement of service and they have said I have until tomorrow to submit a defence before a CCJ is entered against me.

    I really do not want to speak to these people; can I not write to them? Either way, I can guarantee they will not accept what I can offer as I am unemployed and can only pay a minimum amount.

  2. #27
    amunray's Avatar

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    Default Re: Vodafone refuse to help

    Morning all

    Is there anyone else who can offer any additional advice or guidance please (no disrespect to slainte caragh but as today is the deadline for some kind of defence, I am desparate.

    Sorry if I am posting in the wrong place @Amethyst, @Nemesis, @DirtySmurf

  3. #28
    Amethyst's Avatar

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    Default Re: Vodafone refuse to help

    Morning xxx Having a mooch back through your thread now
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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  4. #29
    Amethyst's Avatar

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    Default Re: Vodafone refuse to help

    Okay.

    Your claim was issued 29th Sept. You acknowledged and your defence is due in, well, now pretty much... so best get on with that.

    Firstly though - what happened in April 2015 - did you get another offer sent off to Vodafone ?

    Did you ever get a full breakdown of the amount they were charging you?

    Was there a handset credit agreement AND a service contract or just a service contract that included a phone?
    Last edited by Amethyst; 1st November 2017 at 09:21:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  5. #30
    amunray's Avatar

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    Default Re: Vodafone refuse to help

    *Desperate

    Hi Amethyst

    Sorry for the delay, just got back from a job interview. Thank you so much for getting back to me on this.

    I did contact Vodafone again by letter offering what I could as well as the reasons I had been unable to pay and they did not respond so I called them mentioned the two letters. I was told that no one told me to write to them, that my contract had been cancelled and a final bill would be sent. They did not provide a full breakdown; but the final bill was for a total of £768.95 which they said includes £471.30 for cancellation prior to contract end date and a £4.17 late payment fee.

    I am so sorry Amethyst, I just cannot remember if it was
    a handset credit agreement and a service contract or just a service contract that included a phone. I think I really need to see if I can find any paperwork; I got it online through a mobile phone shop; maybe I can check and see if I can find any emails.

    I know I have been a complete idiot and now have less than two hours to try and avoid a CCJ - highly unlikely I now.


    - - - Updated - - -

    *unlikely now.

  6. #31
    amunray's Avatar

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    Default 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.
    Attached Thumbnails Attached Thumbnails Directions_Q.edited.jpg   Lowells DQ_front pg_edited.jpg   Lowells DQ_pg2.jpg   Lowells DQ_pg3.jpg  

  7. #32
    Amethyst's Avatar

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    Default 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?
    Last edited by Amethyst; 21st November 2017 at 12:05:PM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  8. #33
    amunray's Avatar

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    Default 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.

  9. #34
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    Default 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.

  10. #35
    Amethyst's Avatar

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    Default 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.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  11. #36
    amunray's Avatar

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    Default 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.

  12. #37
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    Default 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.
    Attached Thumbnails Attached Thumbnails Lowells edited response to CPR 30.14.jpg  

  13. #38
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    Default 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.
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  14. #39
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    Default 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.

  15. #40
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    Default Re: Vodafone refuse to help

    Quote Originally Posted by amunray View Post
    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.
    Those who don't believe in Magic will never find it! - Roald Dahl

    Tears are not a sign of weakness they are a sign of having been too strong too long! - Unknown

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  16. #41
    amunray's Avatar

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    Default 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.

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