Music magpie

marliepanda

wealdroam wrote: »

What??

Would you like to rephrase that?

I think that Youngie feels as we have a working knowledge of the website, that we must work for them. Not just the fact we are literate and can read big :exclamati GIANT SIGNS SAYING DO THIS TO UNLOCK YOUR PHONE. :exclamati

What they feel to realise is that a mere cursory glance at the screen whilst selling a phone would have given her and her son all the pertinent info needed in order to ensure a smooth sale.

The fact he has now 'lost' all his icloud info and cannot reset it (forgot his own email address) means the phone probably was stolen anyway...

ChumLee

Youngie80 wrote: »

Forget
Terms and conditions if you can prove phone
Yours then it should be returned that is theft no matter what you lot ( prob work for them ) say

Legally it's not, they haven't acted dishonestly as its in their terms and conditions. As arcon has said you'd have to try their t&c's in court.

marliepanda

Youngie80 wrote: »

But when I sent the phone off I then was sent a e-mail from saying
You recently told us you removed ios7 ???? I never told them that at all !
And my main point is why can't the phone be return it is my property
What sort of terms and conditions are these to say we under no circumstances will return your phone

But they will pay you, if you follow the procedure you have already said you have done...

bris

It's not theft it's a civil matter. Yes the terms can be challenged in court and yes the judge would give you the phone back if the values are enough to consider it a penalty.


There is however the contract you broke in the first place by not sending what was agreed. This would allow them to recover any losses they suffered such as postage, admin cost and labour for the time taken to process the phone. There wouldn't be much left of the £52 agreed price, if anything.

daytona0

Youngie80 wrote: »

Forget
Terms and conditions if you can prove phone
Yours then it should be returned that is theft no matter what you lot ( prob work for them ) say

It would also be theft if you were to declare the phone as stolen once MM had received it.

We are impartial, and so appreciate that fraud may exist on both sides of the coin. The only point which sort of protects MM is that they have made it clear on their website and Ts and Cs about what they require you to do. Did you read to the Ts and Cs before you agreed with them?

Some people on here have agreed with you that the terms MAY BE unfair. This means that you could theoretically dispute them in a court of law. You might have a decent chance of winning, but if you have any previous convictions/instances of fraud then that might go against you.


Solutions:

1. Get onto the provider of this Icloud thing and find the details. Call up MM and explain that you were unaware of this, and advise them of any delay so that they might happily extend it for you. I do not for one minute believe that you cannot gain access to I cloud or whatever. If you aren't able to access I cloud then you might well be being purposely obstructive....

2. Take MM to court and dispute the Ts and Cs there.

ChumLee

Quizzical_Squirrel wrote: »

I don't understand this process.

If a shop has a reasonable suspicion that they have stolen goods in their possession, rightly or wrongly, do they not have to turn them over to the police or the provider/manufacturer?

Could they break them up to use as spare parts and so profit by it or do they have to destroy them?

That would be handling.