Why do mobiles get blocked?

Herongull

blondmark wrote: »

Erm ... yes he does. Research 'bona fide purchaser for value without notice'.

I have and it does not apply in English Law except in very exceptional circumstances.

Not applicable in this case. Either do the research or use your noggin!

ZhugeEX

blondmark wrote: »

That's quite correct and, as I mentioned earlier, a car is an exception to this rule. Mobile phones are not.

Yes they are. Pretty much everything still belongs to the owner if you bought the item from someone who's selling you stolen goods.

Herongull

blondmark wrote: »

Well DVLA registration and ownership are entirely different concepts, and we also still seem to be talking about ownership.

I completely understand how illogical it may seem that stolen property can end up being owned by its buyer, but that is the whole point about 'a bona fide purchaser for value without notice'. If you research this legal issue you'll discover that I am the new legal owner of this mobile, whether or not it was stolen.

Now given that this is the case, what difference does it make whether or not T-Mobile have a contract with its customer who sold it to me? I am not a party to this contract, and there appears to be no legal right that would entitle T-Mobile to sabotage my hardware without my consent ... unless I am missing something here ... ?

Nope! Nope! Nope! Please do the research!

blondmark

Herongull wrote: »

If you don't understand the law, how about just using your noggin!

Well thanks for the condescending tip. I may be blond, but I do have an honours degree in law and trained as a solicitor. However the point about ownership is a side issue that I have no problems with. My question relates to what gives a mobile network any right to block a phone that clearly belongs to someone else.

blondmark

Herongull wrote: »

Nope! Nope! Nope! Please do the research!

Would you like to enlarge on that with a specific reference?

Herongull

blondmark wrote: »

Would you like to enlarge on that with a specific reference?

Here are two references - it is a complex issue relating to Land not to property in general.

http://www.lawschoolonline.co.uk/single_article.php?tid=2

http://uklawllb.co.uk/year-two/land-law/introduction-to-english-land-law-chapter-1-part-2/

Land Law! Land Law!

Can you show any reference where it relates to things other than land, real estate etc etc

Of course you can't cos it doesn't!

ZhugeEX

blondmark wrote: »

Well thanks for the condescending tip. I may be blond, but I do have an honours degree in law and trained as a solicitor. However the point about ownership is a side issue that I have no problems with. My question relates to what gives a mobile network any right to block a phone that clearly belongs to someone else.

I've already answered it 2 times now. According to T-Mobile you don't own the phone.
I'm guessing DPA is why T-Mobile won't acknowledge you as the owner and only the original owner can inquire/block/own the phone.
Besides, it's very likely the phone now belongs to an insurance company and you are kinda screwed in terms of getting it unblocked.

Herongull

blondmark wrote: »

Well thanks for the condescending tip. I may be blond, but I do have an honours degree in law and trained as a solicitor. However the point about ownership is a side issue that I have no problems with. My question relates to what gives a mobile network any right to block a phone that clearly belongs to someone else.

I have double-checked this with someone who also has an honours degree in Law and worked as a solicitor for over 30 years.

I hope you are not currently practising if you haven't got a grasp of the basics! :eek: Check your law books (if you still have them)

It only relates to land and under certain circumstances. Not to other items like phones, cars and bikes.

blondmark

Herongull wrote: »

Here is one reference - it is a complex issue relating to Land not to property in general.

http://www.lawschoolonline.co.uk/single_article.php?tid=2

That example is limited to real property; this is personal property.

blondmark

ZhugeEX wrote: »

I've already answered it 2 times now. According to T-Mobile you don't own the phone.

But what relevance is it whether T-Mobile believe I don't own the phone? I have all the papers proving legal transfer of ownership which is proof enough for a court.