iphone dispute - need advice

Needhelpwithproject

Hi Martin

I found an iphone (yes lucky me) and handed it in at the police station. 21 days later I called them and no one had collected it.

The Police told me that it was now my legal property.

I contacted O2 to find out the IMEI number asking for them to unblock it. However they told me the following:-

"I'd like to inform you that we can only unlock an iPhone if it has been used on our network and actual account holder requests to unlock it. I'm sorry but in your case it'll not be possible to unlock the iPhone.

Firstly, you've not given us the IMEI number of iPhone and secondly, only account holder can request for unlocking the iPhone.
So even if you provide us with the IMEI number then also we'll not be
able to unlock the iPhone as you're not the account holder for that
iPhone."

Can anyone advise? If it is my property is it neither O2's nor
the account holders property so they have no right to deny me
use of this phone

teamcullen

The person who the phone belongs to has called their provider and requested the phone to be blocked, most likely to make an insurance claim and then the person would have received a replacement.

The phone is most likely now the property of an insurance company. Theres nothing you can do to get the phone unblocked as it's been reported as stolen/lost by the actual account holder. How do they know you weren't the person who stole the phone in the first place?

Needhelpwithproject

If it has gone throught the police station though and they have told me i legally own it then where do i go from here?

bengalknights

you either bin it or ask o2 where to return it to

Needhelpwithproject

will see solicitor

Needhelpwithproject

I doubt if it would be ilegal as i own the phone now

zzzLazyDaisy

The phone can never be legally yours as the true owner will always retain title.

If the true owner cannot be found, that probably does matter much, but in the case of an iphone, O2 can trace the account holder, and if it is a contract phone or was purchased from O2, they will have a record of that. So the true owner can indeed be found and you should return the phone.

DarkConvict

change the IMEI

Many countries have acknowledged the use of the IMEI in reducing the effect of mobile phone theft. For example, in the United Kingdom, under the Mobile Telephones (Re-programming) Act, changing the IMEI of a phone, or possessing equipment that can change it, is considered an offence under some circumstances and in Latvia, such an action is also considered a criminal offence.

I strongly recommend against trying to change the IMEI number unless you want the police involved in the retrieval of the phone in somewhat different circumstances.

--

So what now.
Account holder has had the phone blocked due to lost/stolen phone.
If an insurance claim was made, it only belongs to them if they actually had the phone, i.e. it was damaged and they sent a replacement. If it was lost they don't have it so write it off as a loss. But legally it belongs to the insurance company.
Either way, you handed it in and the item was unclaimed, so legally the phone has now become your property as you followed the lawful procedure. If the owners do not check the police stations then it is their loss, that is the whole point of the process.

But what can you do with a blocked phone, not a lot. Now phones have improved it doesn't even make a good paperweight like the N95
02 are under no obligation to remove the block, the block only prevent the phone from aquiring a signal in the UK. The phone itself is yours, but operators do not have to provide you a signal! The two are completely different things, do not think all because you own a phone you are entitled to use it.
So i believe you have two options.

1) Trade it into a website, use MSEs mobile valuer. http://mobilevaluer.com/
2) Sell it privately, EBay or elsewhere. State it was found and handed in, police gave it back to you are your property. But as it was reported as lost it has been blocked. So use of it is for non-uk use or as spare parts.

johnnyroper

DarkConvict wrote: »

I strongly recommend against trying to change the IMEI number unless you want the police involved in the retrieval of the phone in somewhat different circumstances.

--

So what now.
Account holder has had the phone blocked due to lost/stolen phone.
If an insurance claim was made, it only belongs to them if they actually had the phone, i.e. it was damaged and they sent a replacement. If it was lost they don't have it so write it off as a loss. But legally it belongs to the insurance company.
Either way, you handed it in and the item was unclaimed, so legally the phone has now become your property as you followed the lawful procedure. If the owners do not check the police stations then it is their loss, that is the whole point of the process.

But what can you do with a blocked phone, not a lot. Now phones have improved it doesn't even make a good paperweight like the N95
02 are under no obligation to remove the block, the block only prevent the phone from aquiring a signal in the UK. The phone itself is yours, but operators do not have to provide you a signal! The two are completely different things, do not think all because you own a phone you are entitled to use it.
So i believe you have two options.

1) Trade it into a website, use MSEs mobile valuer. http://mobilevaluer.com/
2) Sell it privately, EBay or elsewhere. State it was found and handed in, police gave it back to you are your property. But as it was reported as lost it has been blocked. So use of it is for non-uk use or as spare parts.

i doubt one of those mobile recycler comapnies will pay for it as they normally say phone should be working to get anything.
just for info the imei for iphone can be found printed on sim tray (providing it still has original fitted)

DarkConvict

Well the phone itself is working, but i do know 02's own recycling has a policy that blocked phones are worth £0. it may depend who you go to.

Mazuma

What if my phone is blocked?

If your phone is blocked, it is likely it has been reported lost or stolen. We do not purchase blocked handsets. If you are the rightful owner of a blocked handset, we suggest you contact your service provider to have the phone unblocked.

Phone bank, Envirohone, tescomobile, love2recycle have no published polices on blocked phones.

Jon_01

In this case the police are in error.
With most items handed in they'll tell you, you can keep it if no one clams it.

With phones the network will only unblock if the registered owner calls them, If it's been reported lost/stolen and the insurance company has paid out, it belongs to them not the person that happens to find it.