Why do mobiles get blocked?

dealer_wins

Basically after reading this thread, dont ever buy a mobile phone from Ebay or similar auction sites!!

grumbler

I think after a year you will have problems with claiming money back even from such big companies like CEX, let alone smaller ones.

mikegahan

Even if T mobile accepted that you were the legal owner of the handset, which is very doubtful, they would not be obliged to give you access to their newtwork, and without thatm the phone is effectively worthless

blondmark

mikegahan wrote: »

Even if T mobile accepted that you were the legal owner of the handset, which is very doubtful, they would not be obliged to give you access to their newtwork, and without thatm the phone is effectively worthless

I don't want to access their network directly - I'm with Virgin who use T-Mobile amongst others.

blondmark

Herongull wrote: »

We don't have equity courts anymore - they were abolished in the 19th century! :rotfl:

Some principles of equity law do survive in land law and the law of trust.

The sale of ordinary goods like phones, bicycles, cars, TVs etc etc are governed by the Nemo Dat rule (to which there are specific exemptions, none of which apply to stolen phones or to phones that have been reported as stolen and a claim made on insurance which is probably the reason for the phone being blocked).

I've outlined these in my post of 11:39 yesterday.

Here is more detail on the rule and the specific exclusions to the Nemo Dat rule if you want to learn something (but it sounds to me like you don't!).
http://www.insitelawmagazine.com/salenemodat.htm

I think it is most unlikely that you have a law degree as it as anyone who has studied law would have some understanding of it (and not rely on wikipedia entries taken out of context).

However I would like to help readers of this thread from being mislead by your lack of understanding.


I am starting to think the best way for you to learn is:

1/ Write to T-mobile with your "understanding" of "legal ownership" and "equity law" :rotfl:

2/ Then take them to court (but not an equity court as they don't exist any more :rotfl:). Your "understanding" of English law will give everyone in the court a good laugh, I'm afraid you will look very foolish, but it may be a way for you to learn.

This will be my last post on this matter. I've got better things to do.

I can see you're still struggling horribly - I'm sorry - there's no reason why you wouldn't. Equity is now considered a branch of the law and you can plead equitable remedies, statutory remedies, contractual remedies and tortious remedies in any civil court.

My mobile wasn't stolen, but it is possible that it was acquired by fraud, misrepresentation or in breach of a contract. In these examples the seller would have had a voidable contract to sell to me which, if not voided, passes good title to me. So in that magic list you stumbled upon that would be "(e) Sale under a voidable title : s.23 SOGA 1979".

I think I'd better leave you to enjoy your irrelevant off-topic diversion.

blondmark

oopsadaisydoddle wrote: »

I can't believe the rubbish you have been spouting when you are supposedly so hot on law.

Oh? What rubbish is that then?

What I do know is that T-Mobile 'sold' or have registered a phone to a person. That person has then sold it to you (we'll say legally for the sake of argument). T-Mobile however have NO confirmation of this (apart from what you say you have in the form of ebay receipts etc). Whilst T-Mobile have no confirmation of this then they have no obligation to act on anything you say.

Not so. I am making a civil claim against T-Mobile for blocking my handset without my authority. I need only prove on the balance of probabilities that I bought the handset; in terms of percentage that's just 51% - a nice easy hurdle to clear.

I have the eBay transaction showing T-Mobile's customer's correct name and address, my correct name and address, my passport, plus I have T-Mobile's own upgrade paperwork made out to their customer for this mobile signed and dated by their customer and confirming the cash received, as shown in the eBay transaction. I think you'll agree I cleared 51% quite some time ago. If you don't, because you think it amusing not to, then the court will, and that's what counts.

Their contract is with their customer who it seems has now (probably) told them the phone is lost/stolen.

Apparently not. I bought a report on this mobile which confirms that it is blocked but that it is not reported lost or stolen. I have no idea why it is blocked because nobody is talking (yet).

dan3811991119

Its a very big mistake to buy second hand phones unless you know the original owner because they can get blocked at any time. I am sorry to hear what has happened to the poster who started this thread.

blondmark

dan3811991119 wrote: »

Its a very big mistake to buy second hand phones unless you know the original owner because they can get blocked at any time. I am sorry to hear what has happened to the poster who started this thread.

Thanks - I appreciate it. I was just searching for clues as to why it happened but everyone's remaining very tight lipped (for now)!

oopsadaisydoddle

blondmark wrote: »

Oh? What rubbish is that then?



Not so. I am making a civil claim against T-Mobile for blocking my handset without my authority. I need only prove on the balance of probabilities that I bought the handset; in terms of percentage that's just 51% - a nice easy hurdle to clear.

I have the eBay transaction showing T-Mobile's customer's correct name and address, my correct name and address, my passport, plus I have T-Mobile's own upgrade paperwork made out to their customer for this mobile signed and dated by their customer and confirming the cash received, as shown in the eBay transaction. I think you'll agree I cleared 51% quite some time ago. If you don't, because you think it amusing not to, then the court will, and that's what counts.



Apparently not. I bought a report on this mobile which confirms that it is blocked but that it is not reported lost or stolen. I have no idea why it is blocked because nobody is talking (yet).

All of the 'stuff' you have come out with regarding this situation. I say this because I believe (and it is only my opinion) that you are saying it to deliberately be provocative. The reason I believe you are being provocative is because you 'supposedly' know all of this stuff, yet are still coming on here to ask questions and show off your so called knowledge.

I have before (and will repeat again), you need to take them to court. I have answered the questions as to why the phone might be blocked, which is what you asked. You might not agree to these reasons (and neither do I necessarily), but the fact is these are the reasons mobile companies block phones.

My guess is that if the person you bought it off hasn't reported it lost or stolen, then they have requested to block it anyway, which can be done. Or that the network believes there is something fraudulent going on, in which case, they aren't obliged to tell you anything!!

oopsadaisydoddle

blondmark wrote: »

Thanks - I appreciate it. I was just searching for clues as to why it happened but everyone's remaining very tight lipped (for now)!

Who is being tight lipped? I have given you reasons as to why the networks block mobiles. You just don't like the reasons I give.

And I am not saying I don't have sympathy for your situation, I do.

I dealt with a customer once who had bought a second hand phone as a surprise for their son/daughter (can't remember which). It had subsequently been reported lost/stolen and rendered it useless. The customer had lost their money. That customer was so so upset but there was nothing at all I could do. It was horrible to have to deal with and this is why I too believe there should be something in place to safeguard people like yourself.