Can they do this?

bunking_off

OK, bit complex but here goes.

My brother regraded his mobile contract, and got a free phone (Nokia 6820) thrown in. As he's a builder and it wasn't going to last long in his hands, he carried on with his clunky old mobile and gave the new one to his daughter (same network hence no unlocking required).

Unfortunately, he's had problems recently with random (blank) text messages being sent on his clunky mobile, probably a fault on it although it doesn't seem to be doing it once a different network's SIM was inserted. As soon as he realised this he contacted his network provider. Bit of an argument ensues, the outcome of which is he wished to cancel his contract and would pay for the dodgy texts over his dead body. It's agreed that he won't use the account any more, but he has to pay for the next 3 months line rental to satisfy the 12 month minimum contract stipulation.

Meanwhile, because he hasn't/won't pay for the texts, they've locked his handset. Not just on their network as in shutting the SIM down, but have blacklisted the IMEI so the handset will no longer work on any UK network. This is an irreversible action, and usually taken when mobile phones are stolen (indeed it's only in the last few months that the mobile networks have finally agreed to share this information!).

Can they do this? It seems to me that they're abusing the system that was established to fight crime, in order to deal with a commercial dispute. I realise that it can be argued that the cost of the handset is cross-subsidised from the contract tariff, but he's agreed to pay up for his contractual 12 months and is doing so. For the sake of £1.50's worth of texts they've effectively rendered a piece of equipment worth hundreds of pounds useless. Is there a clause in mobile contracts which says the handset is their's and they're allowed to render it useless?

Any ideas?

GeoThermal

IANAL but it sounds highly irregular. On a contract the phone is generally yours to do with as you please, so for example you could sell it on to someone else. Blacklisting the IMEI seems extreme especally as your brother is paying the contract. If you have access to newsgroups via your ISP it would be worth asking in uk.telecom.mobile and uk.legal.moderated

omega27

I think that blacklisting the IMEI is a tad harsh, but I don't see why he won't pay for the texts. It's not the network's fault that the phone is sending them - could he not lock the keypad while he's working? Just about every phone has this feature.

Entries can certainly be removed from the CEIR by the operators, so why doens't he just pay the £1.50 & get it sorted out. He'd probably only have to get his operator to un-blacklist it, and it would probably be allowed onto any network again automatically.

If they refuse to un-blacklist it once he's paid the £1.50, then he could threaten them with a small claims court summons. I'm sure someone would sort it out quickly.

bunking_off

Thanks for the feedback guys.

The faulty mobile definitely hasn't been sending text messages due to the keyboard being unlocked....it's a clamshell design so that's impossible. I think his argument is that the mobile was supplied by the mobile provider, so if it's sending rogue texts without his intervention why should he pay (realise this is a dodgy argument as it implies they have responsibility for the handset while simultaneously arguing that they shouldn't have control - ie bar - the new one. However, I do sympathise with his view that he's not paying for something he didn't do, and that in a competitive market the provider can stick their service right up their proverbial...).

The information about blacklisting came from our local mobile phone shop...I'll get him to try another. Point is, it's pointless paying for the texts if it is going to be impossible to get the handset taken off the "stolen" register. I think he'd rather take out a new contract with a different provider to get a new phone, and give the blocked phone to charity (our info is that the blocking is only effective on UK networks, not e.g. African ones).

omega27

The airtime contract & handset are seperate - are you sure they haven't just bared his SIM card for non-payment of the bill? Has his daughter's phone stoped working, of just his?

I would be tempted not to believe the local mobile phone store - at the end of the day they're trying to get him to buy a new phone, so might stretch the truth slightly! I'd take the issue of the SMSs up with the manufacturer of the handset - perhaps it's a known problem & they could update the SW?

chodges84

the shop is right. If the phone is blacklisted, then it will not work on any UK network, but will work on networks outside of the UK, so donating it to a charity would be a very kind thing to do, although they may not accept it as it has been blacklisted, and assumed stolen. I don't know if the action can be reversed, but I'm sure they are breaking some kind of rule (note: RULE and not LAW). Network providers should only blacklist a phone if its been stolen or lost, and since he's still paying for it, he hasn't stolen it. I would contact them again, tell them you know rights and maybe ask to speak to someone higher up the business.

It's almost like he's been kicked out of his house, but still has to pay his mortgage (not literally, but in a like-for-like scenario).

btw, thought you might like this http://www.unlockme.co.uk/blacklist.html its a bit of info about blacklisting etc. Quite a nice read.