IPHONE unlocking EE

Anoneemoose

jumbojimbo wrote: »

I bought a second hand iPhone 5S that was a warranty replacement. I was of the impression Apple issued warranty replacements were unlocked, which is not the case. I subsequently learned from Apple my iPhone 5S was locked to the original supplier, Orange.

I the misfortune to peruse EE's page detailing their unlocking policy and the restrictions- The main, and most objectionable one, that the device must have been used on their network for 6 months before they'll consider unlocking it.

So my choices were either 1.To sell the phone on to somebody locked to Orange/EE/T-Mobile. Or 2. Purchase a PAYG Sim and start counting down the 6 month usage on their network condition before I could get it unlocked.

I'm going to take option 3. Enforce my Rights under law. EE's unlocking policy is exactly that, their policy. It doesn't defeat the common law, tort, or statutory rights you possess- regardless of what EE would have you believe- they operate on the basis that people are ignorant of their rights; or if you know your rights; their legal department knows those rights better, and OFCOM agrees with them, or else they wouldn't be allowed to enforce those rights.

EE are amazing. Without even having presented what laws, Acts and Statutes support my claim, or even what those specific claims assert, they already know that my claim is wrong.

Bravo! Let's see if they are so confident once I've finished writing it.

I will say this though- it's easier not to buy an EE locked phone to begin with. It's not that I believe my argument doesn't have any weight, nor that I won't prevail- it's just the amount of time needed to formulate the response and gather the evidence needed to support it.

The problem isn't the lack of laws and protection- it's that the rights exist in a disparate number of Acts, Statutory Instruments, Regulatory frameworks, Torts etc., and then correctly applying the principles the laws were designed to protect/uphold. Below are just some of the Acts that I have researched/ cited

Sale and Supply of Goods Act 1994
DIRECTIVE 1999/44/EC
Unfair Contract Terms Act 1977
The Unfair Terms in Consumer Contracts Regulations 1999 (Plus accompanying OFT guidance)
The Consumer Protection from Unfair Trading Regulations 2008
Enterprise Act 2002
Ofcom review of additional charges. Also ICT regulation toolkit
Torts (Interference with Goods) Act 1977. Also Conversion

So surely, if you don't agree with the conditions of an EE purchase, you just don't buy from them? Their terms tell you what you are getting into beforehand so how is that unfair terms? If you feel it is unfair, then show them before you buy (by going elsewhere).

Ofcom (akaik) have no plans to force networks to keep any phones they sell unlocked so I think the majority of your post is complete fluff.

gjchester

A_Flock_Of_Sheep wrote: »

It's high time locking of phones was outlawed anyway.

jumbojimbo wrote: »

It is EE that by SIM locking my device is illegally restricting my property rights. EE have no legal title to my phone. Absolutely none. Yet by refusing to remove the SIM lock they are interfering and imposing rights they do not have in law

EE subsidised the phone to the original purchases, The subsidy may not be much, but it was still there, as others have pointed out it. Its usually in the region to £100 over the two years but it could be more or less depending on the contract.


Even if the phone subsidy it be considered it's a 24 month payment plan (I know the phone is given to you as soon as you sign up but it has to be paid for). buying the phone from Apple on a 24 month finance plan will cost you £70 over the two years.


EE And all networks are permitted to lock the phones as to protect that subsidy, if you don't like it buy a phone up front sim free and Pay the premium.


There's nothing wrong with locking, although I like to see that unlocking was totally free once the minimum term was reached, not as currently is the admin fee that networks charge. However this should only be available to the original purchases, so as not to give rise to any criminal activity through theft of older phones.


Back to JimboJimbo , where did you get the idea that Warranty replacements are not locked, When a replacement is made by Apple they link the old phone to the new one so it takes on the remaining warranty and sim lock status of the old phone. Part of that is any sim lock will be applied to the new phone. If it was sold as unlocked you need to go back to the seller, not EE, as they are the ones at fault.


EE have done nothing wrong, you purchased a phone that was SIM locked to EE. You need to go back to your seller if it was sold as unlocked as they were the ones at fault.


JimboJimBo you have no legal rights with EE as you did not purchase the phone through them, they do not have to unlock the phone EE as you have no contract with them. Heck if the government gets their way they won't even be able to unlock it via the 6 month sim route, only the original purchases will be able to unlock a phone.

gjchester

Anoneemoose wrote: »

I have no idea what you are talking about really but EE charge £20 ish to unlock a phone so where is the more than £56 from?

Probably an Ebay unlocker rather than EE direct.

Anoneemoose wrote: »

So surely, if you don't agree with the conditions of an EE purchase, you just don't buy from them?

They didn't buy from EE they bought a used phone. There no legal obligation for EE to do anything.

jumbojimbo

Silk wrote: »

:rotfl::rotfl::rotfl:
Nope, the seller sold you a locked phone which had been supplied on conditions.
You need to take it up with the person who sold it to you or go and buy an unlocked phone if that's what you wanted.

You're free to believe those are your 'rights'
Personally I'll continue to exercise my rights under the law.

d123

Jumbojumbo, what exactly are those rights? Have you complained to the regulator yet of this grievous breach of your rights?





I've just remembered my cuckoo clock needs winding

Silk

jumbojimbo wrote: »

You're free to believe those are your 'rights'
Personally I'll continue to exercise my rights under the law.

Your rights extend as far as buying a second hand phone that runs on the EE network allows. If it should have been unlocked you are at liberty to chase the seller. You have no rights to expect it to be unlocked by EE without cost.
Had you bought a Ford Fiesta diesel and wanted it to run on petrol then you should have bought a petrol one.
Challenging Ford to insist on enabling it to run on petrol is a waste of time.
You could of course pay to have it converted, the same as paying to have your phone unlocked.