o2 Recycle refusing to return my phone

jnm21

So it states specific reasons; I would ask them which reason they are retaining the phone for; could you make calls on it? If so, none of the 4 specific reasons apply & they have no mandate to retain the phone.

secretmsg

Can u check your junk mail spam folder,cause they send you invoice by email after they dispatch the phone.

secretmsg

Opps my bad.. they dont mention imei on invoice..Better ring them and give your order ref. to get your imei.

Silk

jnm21 wrote: »

So it states specific reasons; I would ask them which reason they are retaining the phone for; could you make calls on it? If so, none of the 4 specific reasons apply & they have no mandate to retain the phone.

They already gave the reason as "outstanding finance" so will work the same such as selling a car with outstanding finance, it belongs to the party who haven't been paid and as such is not theirs to sell.
As before I would also think it would be blocked by now.

Tea_spiller

The outstanding finance should not prevent them from returning handset.
As any contract phone will be finance for the sim airtime not the handset (the handset does not form part of agreement).
Also ask to see a copy of each checkmend from O2 & CeX - these will highlight any changes to status of handset.

Silk

Tea_spiller wrote: »

The outstanding finance should not prevent them from returning handset.
As any contract phone will be finance for the sim airtime not the handset (the handset does not form part of agreement).
Also ask to see a copy of each checkmend from O2 & CeX - these will highlight any changes to status of handset.

How do you know it's a contract phone ?
It may well have been bought through O2 Refresh or similar

Tea_spiller

Didn't think of refresh tbh, Shouldn't prevent them from providing reports as CeX do a checkmend on all phones (sold a few to them).

jnm21

Silk wrote: »

They already gave the reason as "outstanding finance" so will work the same such as selling a car with outstanding finance, it belongs to the party who haven't been paid and as such is not theirs to sell.
As before I would also think it would be blocked by now.

That is my point, outstanding finance is not one of the reasons allowed under their own T&Cs. Also if the item was bought with finance, the finance company would have no interest nor right to block the phone - I doubt that they would even know the IMEI (the difference is between credit & hire purchase - I have never seen a phone sold on hire purchase, which would allow the finance co. rights over the item).

Also you are wrong - the company retaining the phone have not mentioned finance: "They've then said that they can't see what the red flag is, only that the handset has a red flag on the checkmend report." That is my point, their T&Cs do not cover 'red flag for an unknown reason'.

Silk

jnm21 wrote: »

That is my point, outstanding finance is not one of the reasons allowed under their own T&Cs. Also if the item was bought with finance, the finance company would have no interest nor right to block the phone - I doubt that they would even know the IMEI (the difference is between credit & hire purchase - I have never seen a phone sold on hire purchase, which would allow the finance co. rights over the item).

Also you are wrong - the company retaining the phone have not mentioned finance: "They've then said that they can't see what the red flag is, only that the handset has a red flag on the checkmend report." That is my point, their T&Cs do not cover 'red flag for an unknown reason'.

If you buy a phone for example through O2 Refresh it's a fixed sum loan agreement in line with the CCA 1974 against the phone. Their T&C's allow them to block the phone if payment is missed.


You are not allowed to dispose of the phone until the agreement has been paid (in other words it belongs to O2 until paid. when title will pass to the purchaser)


The fact that O2 Recycle have not stated what the red flag is related to is immaterial as Checkmend have confirmed it's subject to a finance agreement

jnm21

"The fact that O2 Recycle have not stated what the red flag is related to is immaterial as Checkmend have confirmed it's subject to a finance agreement" Only if them breaching their own T&Cs is irrelevant! I'm sure the OP will be happy to email them to leverage this fact - costs nothing to try!