Consumer law and recycled phone

[Nathan]

Hi,

My wife bought an iPhone from ur.co.uk 7 months ago. Said phone stopped working on cellular 2 weeks ago. Fast forward the return and she has today received this email:

Hi xxxxxx

We have received the phone you have returned to us, unfortunately it has been reported lost or stolen to the network. As you have used it successfully for 7 - 8 months we can no longer assist

Blah blah blah contact checkmend.

The phone was not cheap. We were assured by the 12 month warranty this kind of scam would be covered and having read their warranty criteria it does not mention phones that later become reported to be lost or stolen, ie fraud.

Has anyone been through similar? Surely consumer law protects us from this?

 

[[FnG]magnolia]

1. Read contract to determine whether it is worth pursuing.
2. Yes/no. If no, return to daily life and buy a new phone. If yes:
3. Citizen's Advice or Lawyer Up.
4. ???
5. Profit (having deducted legal fees to replace said phone)

 

[Blackbadger]

Congratulations you have a mini tablet / camera


Their warranty states "You will not be able to claim under this warranty if the serial number on your device has been removed or if we know, or reasonably believe, your device to be stolen (based on information provided by law enforcement authorities)."

So it appears they sold you a stolen phone, (or it was under contract when sold and not paid for).
Regardless of thier warranty terms, they are liable, however it's the faff of sorting it. Small claims is likely the way forward if they are not forthcoming. The fact that they have such get out clauses shows they know/suspect they sell stolen items.

Regarding checkmend, they have an account and would have been notified by checkmend, it's their responsibility to deal with it, unless they are claiming that you reported it stolen, which complicates things a little.

https://www.citizensadvice.org.uk/c...chase/if-you-think-youve-bought-stolen-goods/. See here for real advice.

 

[arknor]

Their warranty states "You will not be able to claim under this warranty if the serial number on your device has been removed or if we know, or reasonably believe, your device to be stolen (based on information provided by law enforcement authorities)."

small claims court, they probably won;t even show up for a few hundred quid or whatever.

I doubt that warranty text is ever going to stand up in any court.

Theres probably also an ombudsman you can report them too


they are also the ones selling stolen goods, just threaten to go the police lol

 

[Werewolf]

small claims court, they probably won;t even show up for a few hundred quid or whatever.

I doubt that warranty text is ever going to stand up in any court.

Theres probably also an ombudsman you can report them too


they are also the ones selling stolen goods, just threaten to go the police lol

Yup
It reads like a very unfair term given the consumer has bought the phone in good faith of the retailer and it's the retailers job to ensure the phone is not stolen before they sell it on. It's a bit harsh on the retailer but that is why the retailer will be selling for more than they've bought for.