Stolen Vodaphone I-Phone 4

robd831

Once Apple are made aware that the phone is stolen, they are then guilty of "handling stolen goods" unless they can prove they took reasonable steps to check it was not stolen and must not dispose of it.
I would push the Met (difficult I know) to deal with your case and inform Apple of this. If you can't get hold of the investigating officer ask to speak to his/her line manager instead, just keep working up the ladder until someone gets p###d off and helps you out.
I still think a small claims case would work, Apple would not turn up and you can present your case and get a judgement.
Surely it would not matter if they have now lost or dismantled your original phone they are still liable to replace it !

SmudgeUK

Must say a quick thanks to Lee Vodafones Web Relations Employee.

Not only have i recieved lots of help and guidance from him, but without going into specific's has sorted out all my issues, lots more i want to put, but with disclaimers and the like i cant say nothing.

But once again many thanks Lee........

Hopefully i will be emailing you good news about my time with Apple in court, lol

epsilondraconis

After reading some of the threads about Vodafone, perhap they should consider cloning Lee (the web relations guy).

Hope you get it all sorted SmudgeUK...

1234

I wondered if there were any updates on this?

SmudgeUK

Nothing, as yet, Apple's Loss Prevention, are apparently in talk's with the Police.

But in the meantime, I have sent a pre action court letter, seeking the full cost of a replacement sim free Iphone 4, Compensation for time taken to deal with Apple, a day off work to get legal advice.

Although Vodaphone, have been very helpful, both with advice on which way to go, and also to come to a resolution.... ( which I'm not allowed to disclose, unfortunately), but must say they were very, very, very helpful.

Vodafone

SmudgeUK wrote: »

Must say a quick thanks to Lee Vodafones Web Relations Employee.

Not only have i recieved lots of help and guidance from him, but without going into specific's has sorted out all my issues, lots more i want to put, but with disclaimers and the like i cant say nothing.

But once again many thanks Lee........

Hopefully i will be emailing you good news about my time with Apple in court, lol

Thanks for returning to the thread SmudgeUK to confirm that I'd been in touch with you last week and that a resolution had been agreed upon.

All the best and I hope to hear from you again during the week.

epsilondraconis wrote: »

After reading some of the threads about Vodafone, perhap they should consider cloning Lee (the web relations guy).

Hope you get it all sorted SmudgeUK...

Now there's a thought epsilondraconis.

Whilst not being clones I can vouch for the rest of the team being equally as committed to resolving the concerns of customers as I am.

Naturally, should you know anyone with us in need of some help feel free to point them in our direction and we'll do our best for them.

Best wishes to you both.

Lee

Web Relations Team

Vodafone UK

SmudgeUK

Well, what a Joke.............

Apple stated that they dont believe the handset they exchanged is classed as my property, they reckon that the one they gave the guy, is now mine, LOL

Anyway to make matters worse, today i recieved yet another email my apple regent street genius bar, saying, thanking me for reserving an appointment for repair later today.....

So i called the apple store, explained to them what has gone on, they said nothing we can do, you have to go through the police.

So i call the police, and they agree to be in the store for the time the appointment was booked, so the police went into the store spoke to manager, and asked for them to point the person out who was using my details to get a repair, and guess what.

APPLE SAID WE CANT, CAUSE OF DATA PROTECTION!!!!!!!!!!!!!! !!!!!!

SO the guy and police was in the store at the same time, and cause apple refused to point the guy out to the police, they couldnt do anything, therefore the guy managed yet again to get a second repair using my details, and my stolen phone......

What a joke, do you think the Police will pursue apple for withholding eveidence, i dont think so!!!!!!

F_T_Buyer

SmudgeUK wrote: »

Well, what a Joke.............

Apple stated that they dont believe the handset they exchanged is classed as my property, they reckon that the one they gave the guy, is now mine, LOL

Anyway to make matters worse, today i recieved yet another email my apple regent street genius bar, saying, thanking me for reserving an appointment for repair later today.....

So i called the apple store, explained to them what has gone on, they said nothing we can do, you have to go through the police.

So i call the police, and they agree to be in the store for the time the appointment was booked, so the police went into the store spoke to manager, and asked for them to point the person out who was using my details to get a repair, and guess what.

APPLE SAID WE CANT, CAUSE OF DATA PROTECTION!!!!!!!!!!!!!! !!!!!!

SO the guy and police was in the store at the same time, and cause apple refused to point the guy out to the police, they couldnt do anything, therefore the guy managed yet again to get a second repair using my details, and my stolen phone......

What a joke, do you think the Police will pursue apple for withholding eveidence, i dont think so!!!!!!

What a thread.. I do feel sorry for you Smudge, and it's a very difficult situation.

So do Apple admit the new phone given out is your property (refering to the bit in bold above)? Do you have this in writing? If this is the case they should give you the IMEI number and you then could ask Apple to block it.

For the police attending the store, I do understand the Data protection part (If I were the Apple store manager I wouldn't know what to do and ring Apple's legal team straight away). I'm guessing the Police would need a court order in this case (not sure)? However after the event the Police should be able to get the the name+address of the person (although it could be fake).

Also, couldn't the police find the phone with the IMEI number (where it is at any given point via the phone number), although I doubt the police would put that resource into this.

I personally would take this to court, and you may find they will settle before hand of a new phone - then just accept it (don't argue for the additional costs).

Let us know how you get on.

SmudgeUK

I have tried to steer clear as much of going down the court route myself, only cause i am worried about what costs could arise if i actually had to fight them in court, and if i indeed lost, how much would i end up having to pay for apple legal bills, they wont be cheap.....

Am going to request my file off the police, so i can see what apple and the police have been discussing.

F_T_Buyer

I see your point, but you may have no choice.

Just thinking about how this will play out, I think it will determine whether the old [now destroyed] handset is your property or the newly exchanged one that chap has. If the former, you will probably lose - the reason being they didn't know it was stolen at that time, and has now been destroyed. If the later they are knowingly handling stolen goods.

I would look closely at what you have in writing. In writing does it clearly refer to the 'exchanged' handset being yours?

I'm not legally trained, but thinking impartially, Apple will argue they did not knowingly do anything illegal (which us true) or they can't give you details of the new [exchanged] handset due to data protection laws.

If you did take it to court, they may offer to just give you a handset before the hearing (it would be the cheapest and easiest option for Apple). However I do understand your concerns. Maybe get all your documents together and go see a solicitor and pay a fixed fee for the first meeting (£40-50ish) - then decide what to do.

Edit: waiting for the police file would be the best bet first.