Stolen Vodaphone I-Phone 4

NFH

SmudgeUK wrote: »

What legal boards do people recommend?

I've never found a legal message board where lawyers give out free advice. They get paid far too much and are far too busy to sit around on message boards giving out free advice. Your best bet is Consumer Direct (while it's still around) and Citizens Advice Bureaux. Also, the police will usually give free advice from a criminal law point of view if you're reporting a crime.

SmudgeUK

NFH wrote: »

Did you make a note of the name of the person who told you that they had the IMEI number on a blacklist? The police will need this.

unfortunately i didnt take his name, although i only spoke to two guys, and know both their names.

Fifer

SmudgeUK wrote: »

unfortunately i didnt take his name, although i only spoke to two guys, and know both their names.

It shouldn't really matter. You have the message from Apple confirming 'your' use of their service. They'd have to lie to avoid admitting that service involved taking possession of your stolen phone and I suspect the cost of one iPhone is not worth Apple or their employees lying to the police when their own systems will contain records proving that lie.

NFH

Fifer wrote: »

It shouldn't really matter. You have the message from Apple confirming 'your' use of their service. They'd have to lie to avoid admitting that service involved taking possession of your stolen phone

The police would need to prove that Apple received, retained or disposed of the phone when they knew or believed that it was stolen. The message from Apple on its own doesn't prove this.

Fifer

NFH wrote: »

The police would need to prove that Apple received, retained or disposed of the phone when they knew or believed that it was stolen. The message from Apple on its own doesn't prove this.

And if you read my post again, you'll see that I didn't suggest otherwise. But the message from Apple does prove that Apple think he used their service after the phone was stolen. If asked why they think that, an Apple employee would have to either admit they received the stolen phone, or lie. In my opinion, I don't consider that Apple or many of their employees would risk lying to the police in such a situation. Do you?

NFH

Fifer wrote: »

If asked why they think that, an Apple employee would have to either admit they received the stolen phone, or lie.

The question is not whether or not Apple received the stolen phone, but whether they knew or believed that it was stolen at the time they received it, retained it or disposed of it.

Fifer

NFH wrote: »

The question is not whether or not Apple received the stolen phone, but whether they knew or believed that it was stolen at the time they received it, retained it or disposed of it.

No, with respect, that is not quite the issue. It is immaterial what they knew when they received the phone. If the phone is still in their possession, they are obliged to return it. If they have disposed of the phone since the OP informed them it was stolen, they may still be liable, unless they can demonstrate that they took reasonable action after being informed. And at the very least, they are obliged to inform the police where they disposed of the phone or who they passed it to.

But regardless, Apple are a reputable company. I suspect if he complains in the right manner, Apple might do the right thing.

NFH

Fifer wrote: »

No, with respect, that is not quite the issue. It is immaterial what they knew when they received the phone.

Agreed, but I said "at the time they received it, retained it or disposed of it", not only at the time they received it.

Fifer wrote: »

If the phone is still in their possession, they are obliged to return it. If they have disposed of the phone since the OP informed them it was stolen, they may still be liable, unless they can demonstrate that they took reasonable action after being informed.

Again, I agree, and this concurs with my words in my post above.

Fifer wrote: »

And at the very least, they are obliged to inform the police where they disposed of the phone or who they passed it to.

That's a problem because Apple strip out all the parts and stock them for manufacturing refurbished phones. I doubt that Apple keep a record of the provenance of every part for refurbished phones, so I would guess this information is now lost.

SmudgeUK

Well, i will now just have to await to see what happens, as Apple isnt saying much on the matter.

However, i found when i logged into the expresslane of apple website, i found a new serial number for a iphone, so i concluded this is the unit that was swopped, and am now going to see if i can get it blocked, again

NFH

SmudgeUK wrote: »

Well, i will now just have to await to see what happens, as Apple isnt saying much on the matter.

Are you letting the police handle it as a criminal matter as opposed to you pursuing it as a civil matter?

SmudgeUK wrote: »

However, i found when i logged into the expresslane of apple website, i found a new serial number for a iphone, so i concluded this is the unit that was swopped, and am now going to see if i can get it blocked, again

The serial number is 11 alphanumeric characters, whereas the IMEI is 15 numbers. Vodafone won't be able to block it based on the serial number, only on the IMEI number.

Also, if you're claiming that the stolen iPhone is your property, then you might find it legally difficult to prove that its warranty replacement is also your property when you attempt to have it blocked. It's up to Apple to get the warranty replacement blocked, as it's ultimately their loss and their property, if they end up giving you another phone in compensation for destroying your stolen phone.