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How to solve IMEI blacklisting legally

Started by: therecklessengineer
On: 12/11/2015 | 14:07
Replies: 15
Reply

by: exmember-2018-356361
on: 12/11/2015 | 18:23

i_am_sy wrote:

OK so "I also found that a phone that is supplied as part of a contract deal is the property of the person who takes out the contract from the moment it is delivered to them. This means that they can sell it to you perfectly legally"

That's not true. Most UK networks own the device for the first 6 months of the contract, after which it is your own, providing you have paid all bills upto that point. And if you stop paying after that point then its a case of bailiffs however the device is yours.

In the case of people buying second hand phones, then it all depends on the person resposable to pay the original contract, if they take it out, and then sell on the device within the 6 months and stop paying then the network will both block the device and chase the contract holder for payment. Therefor the person who brought the device secondhand isn't the true owner, the network is. And can do nothing about it being blocked. Just like if you brought a second hand car that is still on finance, since the person you brought it off doesn't own it they have no right to sell it, and any agreement you had between them is null and void (even if you paid large amounts of money)

A lot of people do this with contracts, I would advise never buying a sencond hand phone that hasn't been out for 6 months, unless you know the owner very well. As in all likelihood its on a contract and therefor not yours no matter how much you pay.

As with your case with giffgaff I have no idea what that's about or how it would have happened I'm afraid.

You are incorrect the phone only becomes yours once the debt has been legally discharged on it and thats at the end of the minimum term.

 

Thought you worked for EE. Oh wai....

Message 11 of 16
by: exmember-2018-356361
on: 12/11/2015 | 18:27
What court heard this and whats the case number as if this is small claims it isn't case law nor has it changed the law.

You need to get this infront of a high court judge or a circuit judge until then you got a judge who didn't understand the case
Message 12 of 16
by: i_am_sy
on: 12/11/2015 | 18:45
@exmember-2018-356361

With EE you own the phone after 6 months. That is in their contract, if you don't believe me go ask them. Or just read the snippet below.

"3.13 You may get Equipment from Us when you take out a Price Plan. Unless We tell you otherwise, We will own any Equipment provided by Us for the first six months of the Minimum Term. During this time, You:

3.13.1 Cannot sell or otherwise permanently give the Equipment to anyone else.

3.13.2 Must take all reasonable care of the Equipment and keep it in reasonable condition (subject to usual wear and tear) as if You owned it; and

3.13.3 Cannot change or alter the Equipment, other than standard software updates and app purchases.

3.14 After six months of the Minimum Term, and provided You have not broken any condition of this Agreement according to point 3.15 below, You will automatically own the Equipment.

3.15 If during the first six months of the Minimum Term, and before You get ownership of the Equipment provided to You by Us, you break any condition of this Agreement according to points 4.4.5 or 7.3.1, We may give You Written Notice to return the Equipment to Us."

It's funny how you popup to harrass me and don't even fact check. Smiley Tongue

Message 13 of 16
by: exmember-2018-356361
on: 12/11/2015 | 18:57

i_am_sy wrote:

@kurtis5561

With EE you own the phone after 6 months. That is in their contract, if you don't believe me go ask them. Or just read the snippet below.

"3.13 You may get Equipment from Us when you take out a Price Plan. Unless We tell you otherwise, We will own any Equipment provided by Us for the first six months of the Minimum Term. During this time, You:

3.13.1 Cannot sell or otherwise permanently give the Equipment to anyone else.

3.13.2 Must take all reasonable care of the Equipment and keep it in reasonable condition (subject to usual wear and tear) as if You owned it; and

3.13.3 Cannot change or alter the Equipment, other than standard software updates and app purchases.

3.14 After six months of the Minimum Term, and provided You have not broken any condition of this Agreement according to point 3.15 below, You will automatically own the Equipment.

3.15 If during the first six months of the Minimum Term, and before You get ownership of the Equipment provided to You by Us, you break any condition of this Agreement according to points 4.4.5 or 7.3.1, We may give You Written Notice to return the Equipment to Us."

It's funny how you popup to harrass me and don't even fact check. Smiley Tongue

Thats for the purposes of SoGA. EE may very well front load the contract to get the handset back. therefore debt discharged

 

At least I didn't get fired from EE

Message 14 of 16
by: i_am_sy
on: 12/11/2015 | 18:59
@exmember-2018-356361

Nor did I, but feel free to **bleep** off all the same.

Now there's the reaction you was after right? Wind me up? Well there you go, you can bugger off now.
Message 15 of 16
Highlighted
by: rong42
on: 13/11/2015 | 10:02

good that you managed to get it resolved in the end, and definitely useful for others

 

interesting that giffgaff didnt respond to the small claims court 

Message 16 of 16