Cancelled Contract - Return Phone

David Hearn wrote:
>
> I believe you cannot claim legal fees besides the submission fee (nor be
> required to pay the defendant's) when using the Small Claims Court
> (which I believe Money Claim is a front for). It's designed to allow
> people to present their claim without requiring any legal
> representation. You can use a solicitor if you wish, but it's unlikely
> you'll get those fees paid, even if you win.
>
> D

Correct. The Small Claims track of the County Court (to be pedantic,
there is actually no such thing as a Small Claims Court) is much a more
informal regime and, as you say, court fees for issuing the claim are
claimable along with interest (if you request it) and any expert
witness costs; legal fees are not.

However, a number of very dubious solicitors take advantage of the more
relaxed environment to further their cause (submitting papers late,
ignoring CPR guidelines, failing to comply with Court Directions etc).

It's an experience to see just how underhand solicitors can be :-)

And don't forget, even if you win, the other party can simply choose to
ignore the ruling; you then have to go through the hassle of enforcing
judgment.

On Fri, 27 Oct 2006 20:35:38 +0100, PajaP <pajap2@news-only.invalid>
wrote:

>Phone bought form Vodafone store for £150.
>£150 refund given at store managers discretion.
>Vodafone have screwed up my billing every single month resulting in my
>having to contact them numerous times on each occasion to get the bill
>corrected.
>
>"Having shown your email records to my manager she has agreed to
>cancel your account with no penalties attached, all I need you to do
>is return the hand set".
>
>I want rid of Vodafone. I want to keep the phone. I don't want to pay
>Vodafone any money. They have caused me enough stress, inconvenience
>and wasted time without my paying them for the privilege.
>
>I have been emailing the CEO? (Arun Sarin) and Vodafone Stoke Customer
>Relations but they are adamant I must pay for or return the handset.
>
>I am prepared (and already expect to have to) to take this to court if
>they do not relent.
>

Well it does not appear I will get then opportunity to test this in
court.
Vodafone have today emailed me that I can leave them without penalty
and keep "the" phone ("the" phone and not "your" phone).
They also wrote "Vodafone will not be covering any of your stated
costs".

This was never about me making money off them. I just wanted to keep
'my' phone and not have to pay the remaining 12-months on the
contract. Something I did not think unreasonable as it was them that
soured our business relationship and continued to do so by their
persistent incorrect billing (online it still shows as £10 too much
for last month). So, I am about to email them stating I see the matter
as closed and that I will not proceed any further with my court action
for expenses I have incurred.

They are going to send me my final bill once I use my PAC.
They have promised to correct any errors on the final bill.

--
Thanks
PajaP

On Wed, 01 Nov 2006 17:06:23 +0000, PajaP <pajap2@news-only.invalid> wrote:

>Well it does not appear I will get then opportunity to test this in
>court.
>Vodafone have today emailed me that I can leave them without penalty
>and keep "the" phone ("the" phone and not "your" phone).
>They also wrote "Vodafone will not be covering any of your stated
>costs".
>
>This was never about me making money off them. I just wanted to keep
>'my' phone and not have to pay the remaining 12-months on the
>contract. Something I did not think unreasonable as it was them that
>soured our business relationship and continued to do so by their
>persistent incorrect billing (online it still shows as £10 too much
>for last month). So, I am about to email them stating I see the matter
>as closed and that I will not proceed any further with my court action
>for expenses I have incurred.
>
>They are going to send me my final bill once I use my PAC.
>They have promised to correct any errors on the final bill.


Well, if you're happy with that outcome, then I'd say ...RESULT!!

Glad you had the courage of your convictions and stuck to your guns.

Well done.
--

Regards

John [Essex, UK]
Remove the obvious spamtrap to reply

>
> This was never about me making money off them. I just wanted to keep
> 'my' phone and not have to pay the remaining 12-months on the
> contract. Something I did not think unreasonable as it was them that
> soured our business relationship and continued to do so by their
> persistent incorrect billing (online it still shows as £10 too much
> for last month). So, I am about to email them stating I see the matter
> as closed and that I will not proceed any further with my court action
> for expenses I have incurred.
>
> They are going to send me my final bill once I use my PAC.
> They have promised to correct any errors on the final bill.
>

You've cost them more in man-hour costs and they're probably glad just
to see the back of you.

I certainly wouldn't be sorry to lose a whining git like yourself.

On Wed, 01 Nov 2006 18:29:04 +0000, Charlie Mitchell
<news@charleem.co.uk> wrote:

>
>>
>> This was never about me making money off them. I just wanted to keep
>> 'my' phone and not have to pay the remaining 12-months on the
>> contract. Something I did not think unreasonable as it was them that
>> soured our business relationship and continued to do so by their
>> persistent incorrect billing (online it still shows as £10 too much
>> for last month). So, I am about to email them stating I see the matter
>> as closed and that I will not proceed any further with my court action
>> for expenses I have incurred.
>>
>> They are going to send me my final bill once I use my PAC.
>> They have promised to correct any errors on the final bill.
>>
>
>You've cost them more in man-hour costs and they're probably glad just
>to see the back of you.
>
>I certainly wouldn't be sorry to lose a whining git like yourself.

Whatever their reasons, I am happy and would do the same again.

So you would just accept incorrect bills that amounted to over £150
over 6 months? You are either thick as shit or full of it.

--
Thanks
PajaP

On Wed, 01 Nov 2006 18:28:52 +0000, JC
<johncalias-newsgroupsATyahooD0TcoD0Tuk> wrote:

>On Wed, 01 Nov 2006 17:06:23 +0000, PajaP <pajap2@news-only.invalid> wrote:
>
>>Well it does not appear I will get then opportunity to test this in
>>court.
>>Vodafone have today emailed me that I can leave them without penalty
>>and keep "the" phone ("the" phone and not "your" phone).
>>They also wrote "Vodafone will not be covering any of your stated
>>costs".
>>
>>This was never about me making money off them. I just wanted to keep
>>'my' phone and not have to pay the remaining 12-months on the
>>contract. Something I did not think unreasonable as it was them that
>>soured our business relationship and continued to do so by their
>>persistent incorrect billing (online it still shows as £10 too much
>>for last month). So, I am about to email them stating I see the matter
>>as closed and that I will not proceed any further with my court action
>>for expenses I have incurred.
>>
>>They are going to send me my final bill once I use my PAC.
>>They have promised to correct any errors on the final bill.
>
>
>Well, if you're happy with that outcome, then I'd say ...RESULT!!
>
>Glad you had the courage of your convictions and stuck to your guns.
>
>Well done.

Thanks though in all honesty I would rather have been a happy and
content Vodafone customer than had all the hassles I have encountered
over the last 6 months.
At least it has not resulted in my credit rating being affected.
Now I just have to decide on a new contract or pay in advance. And an
operator/provider.

--
Thanks
PajaP