Stolen Vodaphone I-Phone 4

SmudgeUK

Hi,

I am looking for some advice from some people more knowledgable than me, my issue is that after having my contract I-Phone 4 stolen, I have been passed from pillar to post and not getting anywhere, so hopefully someone from this forum has knowledge to help, or knows where to go.

Well here is the story so far:

6th Jan.

Whilst in London working, i had my I-Phone, Sat Nav and various other bits stolen out of my lorry whilst doing a delivery.

I returned home on the 6th after having to abandon all my deliverys for the need of cancelling all my cards, phones etc.

I phoned Vodaphone and asked them to block my phone as it was stolen, and was informed that this wouldnt be replaced, which i knew would happen, as i didnt have insurance with Vodaphone.

I also found out that my i-phone wouldnt be covered under the house insurance, as they say this item should of been added specially under the insurance, anyway keep reading.....

a couple of days later my brother in law recieved a call off someone who said he had my phone, he wouldnt leave a number and said he would call back at 12, so he contacted me and i went to my brother in law's house, and awaited the call.

He rang promptly, and i spoke with the guy who said he thinks he had my phone, and wondered if it was stolen, I told him it was, and that I had it blocked by Vodaphone, and he said his issue was that he brought it off GumTree for £450.00 and that he wasnt going to return it as he didnt want to lose £450.00 to cut a long conversation short he said he would return the pictures on my phone but not the actual phone.

The guy also said that he had put a new sim in and the phone was working!!!!!

I then immediately phoned Vodaphone and they said all they did was put a sim block on, now i believe that if the phone had actually been blocked, and with the police having as description, and witness to the theft if the guy couldnt sell it then it may have still been in his possession.

The phone was then blocked by the emei......

I reported this conversation to the police as i had reported it stolen on the Thursday.

AND NOW FOR THE ICING ON THE CAKE.......................

I received and email from Apple, yesterday saying thankyou for your recent repair at Apple Retail Store, and would i mind filling out a customer satisfaction survey.

I immediately phoned Apple Care, who informed that the phone was taken into one of their stores and exchanged for a new phone.....

They obviously didnt ask for ID as the guy wouldnt have ID or even know where i lived as i never store, or carry any personal details, they also said they had no idea how the repair/exchange took place as they had the emei number on the blacklist from vodaphone.

Now i have informed Apple Care that they have my stolen phone inside one of their stores, and this stolen property should be returned to its rightful owner, and they said they cant discuss it with me, as it wasnt me who took the phone into the Apple Store........ what a joke!!!!

So I have informed the police of where my phone is, and the officer who took the information ssaid they would contact the investigating officer, they dont know when she is back on duty????

So where do i stand, who is liable to return my stolen handset, during all this i have been in numerous conversation with vodaphone, who just keep saying sorry nothing to do with us, you need to talk to apple, and apple are saying sorry we shouldnt have repaired/exchanged the phone but we cant talk to you about it as its a legal matter.

This is annoying to say the least i have a 60.00 per month contract and no phone, and am getting no assistance from vodaphone, or apple.

To top it off i tried to downgrade my price plan to the original price plan, and got told by a manager this was impossible, as when i upgraded the price plan i was tied into this price plan for 8 months, now i thought my understanding was that if i was tied into something, or my contract changed then i had to be informed, and if so am i then able to contract due to this error in not informing and tying me into this price without my knowledge.

Any help to try and unravel this and reunite me with my stolen handset, or infact at least get someone to help assist me either from vodaphone or apple would be much appreciated.

Jon_01

Wow. . . (sorry, not helping).

I've never ever come across anything like that!

I'd go an ask on one of the legal boards, you need advise from people who who deal with the law/contacts ect to sort that out.

And the very best of luck.

SnowTiger

SmudgeUK wrote: »

So where do i stand, who is liable to return my stolen handset, during all this i have been in numerous conversation with vodaphone, who just keep saying sorry nothing to do with us, you need to talk to apple, and apple are saying sorry we shouldnt have repaired/exchanged the phone but we cant talk to you about it as its a legal matter.

Apple have your stolen phone, therefore they must return it. I'd just let the Police deal with it.

Presumably it has developed a fault, which is why they replaced it. If it is faulty when you receive it back you should return it to them for repair or replacement. As they've issued a replacement for it I assume they've already accepted it's faulty.

The fact that they've already given a replacement to someone else is their problem not yours!

watcherman

You need to go to the Apple Store with proof of ownership, contract for example which should have the phone's IMEI number on it, the phone should then be restored to you. If Apple are not happy to do it, ask the local police to attend, and they can restore it to you and update the crime report to say it has been restored to its lawful owner.

SmudgeUK

I dont know what "Fault" it has suddenly "develevoped" , but Apple Care wont inform me which store it was taken to, and wont give anymore details.

I have informed the police that the phone is in Apple's Posession, but they said they will inform the investigating officer, but dont know when she is next back at work.

My worry is that the phone will be sent somewhere and dismantled? and the Apple Care said that it will be sent off, but they dont know how long or when this may take place.

If i knew what store it was, i could contact them, all they say is it was a store in London, one of 4 stores, and as i live 3 hours away, it isnt feasible for me to take time off work to go round these 4 stores in the hope one of them will give me information.

SmudgeUK

I do have my contract and my reciept from carphone warehouse, which has the emei number on, and still have the original box, which has the serial number and the emei number on.

watcherman

I would send a legalese type email/fax, inform Apple they are in possession of stolen property, and whilst they have come about in initially innocently, the fact that they are now aware means that they must not break it down, dismantle etc, and you are willing to provide proof in writing of ownership, and expect its return within 7 days, beyond which time you will issue a small claim in civil court to recover the cost of the handset which they now have in their possession.

cgk1

EMEI? Do you mean the IMEI? This sounds pretty straight forward to me, if the apple shop have your phone and the cops can link your IMEI number to it, then Apple need to return it as it is your property and is currently stolen.

watcherman

A bit more to help, shows you the serial number of your registered devices, to help prove ownership:

http://support.apple.com/kb/HT2526

watcherman

Might c.c. these guys into any e-mails you send, ie to Watchdog, Which, Ofcom et al......a scatter bomb approach tends to get results from someone in my experience

Press Office: media.uk@apple.com

SmudgeUK

cgk1 wrote: »

EMEI? Do you mean the IMEI? This sounds pretty straight forward to me, if the apple shop have your phone and the cops can link your IMEI number to it, then Apple need to return it as it is your property and is currently stolen.

Yes I did mean Imei, just a case that i made a mistake when typing.

I have informed Apple, and they said they cant discuss the case, and the fact that they have repaired/exchanged the phone.

I have emailed both Vodaphone ceo, and Apple ceo, as i dont know which way to now turn, I have spoken to both, and Vodaphone say its Apple's problem, and Apple just say they cant discuss it with me.

I have also been in touch with otelo regarding Vodaphone tying me into a price plan without informing me that i was going to be tied into a 8 month plan, and they said although i can put through the complaint i have to wait to recieve Vodaphones official response or deadlock letter.