Phone replaced by insurance with a fake one!

maninthestreet

Breaches of the DPA are not handled by the Police.
Why should Apple ' be falling over themselves to help' the OP?
How are they guilty of IP infringement? Whose IP have they infringed? Apple have claimed the phone is a fake. so the OP's dispute lies with their own insurance company.

gnimia

If Apple have said the phone is a fake, how were they later able to idenitfy its former owner - surely if it was a fake they'd have no record of this?

bod1467

maninthestreet wrote: »

Why should Apple ' be falling over themselves to help' the OP?
How are they guilty of IP infringement?.

Read esuhl's post again. It makes more sense if a couple of commas are added.

I'd threaten to report the insurance company, to the police and Apple, for IP infringement

Although the police likely won't care about IP infringement.

tinkerbell28

How is the phone a fake? Apple wouldn't have it registered. A badly refurbed one maybe or unofficially refurbed.

The police do not deal with DPA breaches. However whether the ICO would do anything. Daniel from Bristol could be one of 1000000s of people. They haven't actually identified anyone. IF they did give out more information, so he could be identified, they have indeed breached the dpa.

jddono89

Hi Guys,

Just though I'd clear up some points.

Sorry maybe I should't have said it was a 100% fake phone, I was angry.
Apple considers the phone non genuine because various parts are. The phone would have been genuine originally but then repaired on the cheap. A majority of the parts have been replaced with fake parts, Apple was able to confirm they now consider the phone to be non genuine (synonym for fake) in writing. I took it to the Apple shop twice to confirm this.

Apple said the phone could have been stolen, not that it definitely was.

He (Apple rep) printed two reports: one piece of paper had the faults found on the phone, the other had information on the previous owner history. They would not give me the piece of paper with the previous owners information stating the DPA. I was given the piece of paper with the faults on, but it also had the previous owner's full name and location. I assume this to be a genuine unintentional mistake. This personal information seems to have came from Apple's own records and not from the phone directly (it is non functioning remember).

The original owner could have broken his phone, submitted an insurance claim and shipped it to his insurance. The phone was repaired (unsuccessfully) on the cheap, and shipped out to me without being tested properly.

Or, it could have been stolen, someone somewhere passed it to the insurance company and somehow the phone was modified. I'd bet the first possible story is more likely.

They have sent a jiffy bag for it to be returned but they expect me to pay for postage!

paddyrg

Ok, so things are slightly different - Apple may call the phone a 'fake', but it sounds like that might be an overstatement (much like calling their shop staff geniuses is). If you buy a Ford car which has a replacement fuel filter from Halfords, it isn't a fake Ford, just one that was serviced elsewhere. Sounds like the same thing here, phone broke, was serviced at one of the many non-Apple service centres, probably by the company the insurance company contacts for repairs and replacements. It doesn't necessarily follow that it is inferior by any means, there are plenty of after market components built to similar or higher specs than the originals (like replacing car wheels with alloys, to stretch a metaphor).

If the handset they sent is nonfunctioning, they should pay the postage to get it replaced, no matter who fixed it up after its last warranty repair.