bought a used phone and its now been blocked

Atlas23 · 10 Feb 2014 at 14:18

teenwolf said:
as much as i would love to bud i am a father of 3 and cannot risk the time.

It's fairly simple, you just position your ~~fist~~ keyboard under his chin

Leprechaun312 · 10 Feb 2014 at 14:37

go round to his house and demand him to unblock the phone, or you're calling the police. If he then says it is stolen and he can't unblock the phone, or he has claimed on the insurance after selling it to you then again....call the police's non-emergency number and explain you're case with the phone, ad, his address and name as evidence

spudbynight · 10 Feb 2014 at 14:41

mrk said:
Depends on the policy/contract? If you buy a contract with a phone included then the phone isn't really yours until the contract has fully finished is it not?

No, the networks are very clear that your contract is for the mobile phone service online - not the device.

Watch how quickly they wash their hands of things if one loses their phone.

deuse · 10 Feb 2014 at 14:44

teenwolf said:
yes i collected from his house.

branddaly said:
Well report to police and consider small claims to get back your money.

Atlas23 · 10 Feb 2014 at 14:49

It's not a Police matter, just like all the eBay threads on here, with people talking about going to the Police because someone got the money and the goods.

Aod · 10 Feb 2014 at 14:54

MooMoo444 said:
i dont care about the law if someone sells me a stolen phone, even if they are desperate and such, i will kill them, in my eyes this is self defense and i dont mean in the moment, i would plan it, and brutally murder them some way

You legend!

Mynight · 10 Feb 2014 at 15:01

spudbynight said:
No, the networks are very clear that your contract is for the mobile phone service online - not the device.

Watch how quickly they wash their hands of things if one loses their phone.

The contracts tend to include the cost of the phone. They won't replace it but you're still paying for it.

chief barker · 10 Feb 2014 at 15:04

MooMoo444 said:
i dont care about the law if someone sells me a stolen phone, even if they are desperate and such, i will kill them, in my eyes this is self defense and i dont mean in the moment, i would plan it, and brutally murder them some way

Notice the time he posted that, anyone?

Atlas23 · 10 Feb 2014 at 15:09

chief barker said:
Notice the time he posted that, anyone?

Clearly work of Dem Nons

Dis86 · 10 Feb 2014 at 15:11

Mynight said:
The contracts tend to include the cost of the phone. They won't replace it but you're still paying for it.

Having dealt with it from a legal point of view within phone networks it forms a part of the T and Cs that the phone is not part of the contract.

Infact, in the case of the now defunct Orange it specifically stated in, I think, section 17.1 that "the phone is not part of the contract".

branddaly · 10 Feb 2014 at 15:14

Burnsy2023 said:
Report it to Police why?

Because if its blocked it could indicate stolen goods. If its been reported to the phone company, it may also have been reported to the police. It gives the police the chance to check. I'd hate to think that it was obtained in a violent crime but its possible, and the simple action of reporting it gives them the chance to check.

I also said small claims, because thats the only real resort for getting their money back.

Mynight · 10 Feb 2014 at 15:16

O right. I stand corrected. Interesting thank you

dirtychinchilla · 10 Feb 2014 at 15:18

Dis86 said:
Having dealt with it from a legal point of view within phone networks it forms a part of the T and Cs that the phone is not part of the contract.

Infact, in the case of the now defunct Orange it specifically stated in, I think, section 17.1 that "the phone is not part of the contract".

You're correct. However, the provided also provides the insurance, and would be most likely to be unhappy to find out that someone is fraudulently claiming on their insurance.

Dis86 · 10 Feb 2014 at 15:32

dirtychinchilla said:
You're correct. However, the provided also provides the insurance, and would be most likely to be unhappy to find out that someone is fraudulently claiming on their insurance.

They may not supply the insurance. They could well do though. As yu say however, any insurer would be unhappy to find out someone is fraudulently claiming on it.

Last time I checked fraud is a criminal matter thus reinforcing the opinions of those who say go to the police.

Mr Badger · 10 Feb 2014 at 15:33

Has the OP clarified whether he has actually complained to the seller yet and what their response was? Plenty of suggestions already posted as to what could be tried next if the seller isn't cooperating. And of course if things don't work out and you don’t want to adopt boxing stance, you do know where his letterbox is...

Haggisman · 10 Feb 2014 at 15:39

kefan77 said:
...in the UK...

Indeed...

Haggisman said:
Correct. Although it will possibly work outside of the UK.

Mynight said:
The contracts tend to include the cost of the phone. They won't replace it but you're still paying for it.

That doesn't mean that ownership of the phone is part of the contract however.

It's basically the network saying:

"If you take out a £36/month contract (instead of a £15/month contract for the same tariff) we'll give you a free phone."

teenwolf · 10 Feb 2014 at 15:45

spoke to the network and they said to take everything to the police.
so i will make copies of all the facebook advert and messages and with his address and the phone and hand it too them and go from there.

its only £60 so i am not bothered about the money. thing is he has probably done this thing before and will again.

Resident · 10 Feb 2014 at 15:54

Haggisman said:
Didn't think those kind of contracts exist in the UK any more? They certainly aren't the norm.

Meatball said:
I'd be interested to know. I thought 'free' or subsidised phones are simply gifts from the network to encourage you to use their service and therefore the network have no ownership over the handset.

Of course you're paying for the cost of the phone when you get one on contract. Why do you think SIM-only deals for the same service are MUCH cheaper.

Burnsy2023 · 10 Feb 2014 at 15:55

Resident said:
Of course you're paying for the cost of the phone when you get one on contract. Why do you think SIM-only deals for the same service are MUCH cheaper.

You're right the gift is factored into the cost, but legally it is unrelated.

Haggisman · 10 Feb 2014 at 16:41

Resident said:
Of course you're paying for the cost of the phone when you get one on contract. Why do you think SIM-only deals for the same service are MUCH cheaper.

So with that argument, what about mobile deals with "free" cashback?

Does the cash they pay you still "belong" to the provider until the end of the contract?

In which case, are you not allowed to spend it until then?