VF & Small Claims

[ShaneG2009]

Morning all,

 

I had a chance to read through the questionnaire last night and its confirmed it is merely the document confirming the case is in their estimation eligable for the small claims track. They do suggest i go down the route of mediation as it could be ordered by the judge even if i refuse.

 

The questionnaire is simple to fill out so i am going to get it done over the weekend and back to the Court copied to VF. How / when do i go about issuing a response to VF's defence?

 

Thanks

 

Shane

[ShaneG2009]

Quick update all

 

I've had a further letter from VF's Solicitor (Riverview) today. They've filled in the questionnaire referred to in the above posts. They have confirmed that VF are open to have the case referred to the Mediation service in lieu of a Court Hearing at this stage.

 

Does anyone have any experience of using this service? Is it worth it? What is the format for it (i.e. can i present my response to their defence or is this done separately?)

 

I'd appreciate all of your help in progressing things now, i suppose VF are finally acting swiftly so i ought to return the favour and get my questionnaire in place with them and the courts?

 

Thanks

 

Shane

[BankFodder]

You may as well go for the mediation - although I don't exepct it will do any good.

 

Please keep in close contact with us about this.

 

Mediation does not mean that you have to give up your rights.

Make sure that you prepare a list of your minimum outcomes and don't accept anything less than these

[ShaneG2009]

You may as well go for the mediation - although I don't exepct it will do any good.

 

Please keep in close contact with us about this.

 

Mediation does not mean that you have to give up your rights.

Make sure that you prepare a list of your minimum outcomes and don't accept anything less than these

 

Hi BF

 

OK ill get the forms back to them indicating I am happy to try mediation.

 

For me the absolute minimum is the removal of the Default. Given VF's past stance on this request I assume we'll be heading for a hearing however maybe it will change when the circumstances are presented in front of a Court mediator.

 

Ill of course keep you all in the loops. Finally am I required to submit a reply to VF's defence or shall I just wait until the outcome of mediation.

 

Thnks

 

Shane

[BankFodder]

There is no requirement to supply a reply to a defence. It is only something you can do if it is going to be helpful.

 

If you do one, then leave it until after the mediation.

[ShaneG2009]

Directions Questionnaire has been filed. Next up mediation.

 

I'll provide an update when i know more.

 

Thanks

 

Shane

[ShaneG2009]

Update

 

Mediation Appointment is scheduled for 11am next friday. Wish me luck.

 

Cheers

 

Shane

[BankFodder]

This is a telephone appointment, isn't it.

 

Make sure that you have your minimum outcomes listed and don't give way. You can always go to court where I am sure you will get the result you need.

 

Make lots of detailed notes during the conversation and also go back and add to your notes after it has finished - immediately and without waiting

[ShaneG2009]

This is a telephone appointment, isn't it.

 

Make sure that you have your minimum outcomes listed and don't give way. You can always go to court where I am sure you will get the result you need

 

Hi BF

 

Yes it is but apparently not in a conference call manner. The mediator explained that I'd be called first and given the chance to explain my side of things and then they'd talk to the defendant.

 

I know the minimum for me is removal of the default and am very prepared to go on to court if this is not the outcome.

 

Thanks

 

Shane

[BankFodder]

Yes, I didn't expect that it would be a conference.

 

You should also hold out for compensation. Have a good figure in mind and be prepared to compromise on that.

 

If there is an agreement to remove the default, then make sure you have a time-scale for that. Max 14 days, I suggest. Make sure that the agreement is to rmeove the default completely - not judt correct it. They might want to correct it as a compromise.

 

In court you would achieve total removal and a good figure in compensation. there is not a lot of need for you to accept much else.

[BRIGADIER2JCS]

Mediations are a very valuable way of getting dispute settled I have been involved in quite a few, the mediator is not a judge or a lawyer and cannot give you legal advice.

 

When you have put your 'case' and please make sure you have at least a full list of all points you wish to make and what you want from the mediation process.

 

I would suggest that a 'bullet' layout is easiest to use.

 

Listen carefully to what the mediator relays to you record the process if you can, if not put you phone in loudspeaker mode and have some one take notes for you.

 

You are NOT bound to anything discussed until decide that you are satisfied with the scenario and even then you can still change your mind before a 'consent order) Tomlin Order is made and sent to court to be sealed.

[BankFodder]

If you are going to record the call then I think that you should tell the mediator. Normally you don't have to but I think that it is sensible and polite in this case

[ShaneG2009]

Hi all

 

Thanks for the pointers. I will have my POC and other notes to hand when i take the call. At this stage i think the following but open to your suggestions: -

 

1) Removal of the Default in its entirety

 

2) Refund of the £282 'penalty / early termination charges' + interest charges. VF have had this money and if i can prove it may not have been entitled to it.

 

3) £500 in compensation for financial harm default has caused me over the last 2 years i.e. sub-prime credit (Capital One CC and 30% APR Car Finanace deal)

 

My compromise on the above is something like this: -

 

1) No compromise on the Default, i want that removed in its entirety within 14 days.

 

2) Suggestions??

 

3) Compromise would be £250 (50% reduction)

 

What do you think as a start-off?

 

Thanks

 

Shane

[BankFodder]

No compromise on actual losses

 

Up to you to agree a lower figure in compensation.

 

Of course, for them the sticking point will be the default. That is likely to bring the whole mediation crashing to the ground.

[ShaneG2009]

The default definately will be the sticking point for them. If they dont compromise it can go to a judge and he can decide if it's lawful.

 

Im very content on going the full hogg on this one, i've nothing to lose really as to be fair the damage has already been done.

[BankFodder]

Good luck.

Vodafone seem to be especially prone to making such a pig's ear of people's credit files through their own poor procedures.

If it goes to court and there is a judgment against them, I hope that you will find time to report it to the Information Commissioner and to trading standards.

[ShaneG2009]

BF

 

If it does go that way TRUST ME it will give me no greater pleasure than to follow it up with the IC and TS!

[BankFodder]

Good. I may have a couple of journalists lined up as well. The fact that Vodafone are acting so stupidly about this makes me realise that they care as little for their own reputation as for yours.

 

It is a shame that someone in a position of responsibility at Vodafone doesn't know about this.

[ShaneG2009]

Tell me about it BF, they stand by whats down on their headed paper and they do not seem to have a care in the world about sorting themselves out. It would be great to see them named and shamed in the national press!

[ShaneG2009]

ok update...

 

So i had my mediation this morning. I put my points across to them and VF Solicitors say they applied the default correctly and the ETC theyve applied as part of that is as per their terms & conditions and would not be removed. Their solicitor kept saying to the mediator that the judge (if it went to court) would side with them because they had favorable 'verdicts' from the ombudsman. This is despite the fact the Ombudsman said they were not empowered to rule on the legality of the ETC and how its applied etc hence why i was now taking things to Court. Their solicitor also said to the mediator that i district judge wouldnt be able to rule on this case...not sure if that was simply a throw away comment to move me away from the courts (it hasnt Lee from Vodafone if you are reading and reporting this tread back to your powers that be .

 

I ended by asking the mediator to ask VF solicitor her thoughts on OFCOM's guidance and the response to that was that she was now going to speak to her clients about removal but she doubts they'd be progress as its 'company policy not to remove correctly placed defaults'. I said this one is not correctly placed and im happy to have a judge review the whole lot.

 

The mediator was fair and we've scheduled a further call tomorrow after she has heard back from the Solicitor. I dont believe they will cave but lets wait & see.

 

Cheers

 

Shane

[Neiltheman]

Apologies for gate crashing your post shane but I wanted to ask a quick question. How long did it take for the courts mediation to be arranged? I’m in a dispute with a company at the moment and returned my directions questionnaire before the due date of 1st july, does it take long for them to make contact?

 

 

thanks

[BRIGADIER2JCS]

Timings will vary wildly depending on the willingness of the parties to agree to mediation, all parties must fully support the mediation process.

[Neiltheman]

thanks for the reply, i got sent their copy of the directions questionaire and they've ticked the mediation box and filed in all their contact details.

[BRIGADIER2JCS]

Do you know which path the mediation is proposed to take, telephone or court appointment?

[Neiltheman]

I believe it's a telephone appointment with the small claims mediation service (as listed on page 1 of the N180 form)

 

thanks