How to solve IMEI blacklisting legally

oilyfingers99

Hello MSE,

A new member here, but I thought I'd post up my experience with IMEI blacklisting and how I solved it.

Very short version: If you are the legal owner of a phone, then it is a breach of contract for your operator to block it - regardless of whether or not your IMEI is on a blacklist. I sued, won and got paid for a replacement handset.

On combing through the T&Cs for every major operator, there is no provision for blocking by IMEI. There are no statutory requirements either - it is done entirely voluntarily.

What seems to happen quite typically is that people buy a phone 2nd hand, it works for a bit, then winds up on the blacklist and stops working. Assuming that you bought it from the genuine owner then you become the new legal owner. Your network cannot block your handset, even if the previous owner reports it stolen for an insurance payout. That's fraud and is the concern of the insurance company - not the new phone owner.

If you buy a stolen phone however, then yes - if it's blacklisted there's nothing you can do about it apart from return it to its rightful owner. You then get to take the seller to court.

The full version of my saga:

I was a customer of giffgaff for some years. I bought a phone in March 2014 from a genuine retail seller brand new in box and found it blocked in June 2015 (yes that's 15 months later). I discovered on ringing around that the phone was blocked by O2. They refused to tell me the reason and despite promising many times to unlock it, it remained blocked.
My contract for service was with giffgaff. On combing through the terms and conditions there is nothing there that allows giffgaff to refuse service based on IMEI number. I also went through the T&Cs for all the major operators - there is no provision to block based on IMEI number for any service provider.

I attempted first to contact giffgaff via the website, but I don’t think the agents I corresponded with had a good enough handle on the issue. I sent a snail mail letter to giffgaff HQ asking that either they satisfy me that their refusal of service was within the T&C's or pay for my new phone - some £250 ish. I threatened legal action if I did not receive a reply within 28 days. I eventually found a reply via the website message centre - after the 28 days and the response was not satisfactory, nor even appropriate to someone threatening legal action.


I used the money claim on-line service to start small claims court proceedings for breach of contract (apparently I'm not allowed to post links - but you can just Google MCOL. Maybe some friendly person could reply with the appropriate link)
I asked for the cost of a replacement handset, and recompense for the time I'd spent trying to sort out the issue. Giffgaff did not respond to the court so I won by default. I requested a bailiff to collect the money which was paid in full.

So if you find yourself denied services by IMEI blacklisting despite being the owner of the phone - ask your operator to remove the block, pay for a new phone, or prove to you that the block is genuine. Funny note here - the letter I got from O2 cited "genuine reasons" for the block. This is ludicrous - reasons that are genuine cannot be concealed. If they fail to comply - sue them. You don't need a lawyer to do so - follow the above link and the instructions. It's really very easy.

LCR

Money Claim Online:

https://www.moneyclaim.gov.uk/web/mcol/welcome

You had the bailiff round and they paid-up... crikey!

Carrot007

To play devil's advocate.

You achieved nothing.

You only won because they did not make a defence.

They did not supply you with the phone, no did they blokc the device. The sim would have worked in another compatible device so they were no more denying you service any than if you could not use an old analogue phone from the 80s.

Your only legal option would have been against whoever you bought the phone from or whoever blocked it.

Maybe the phone you got was stolen, you say you bought it from a legitimate seller. But then you say BNIB so I think ebay and doubt that was the case.

oilyfingers99

You make some good points. However, I felt confident enough in my research to take them to court.

Also: "The sim would have worked in another compatible device so they were no more denying you service any than if you could not use an old analogue phone from the 80s."

Incorrect. Yes - the SIM did work in another handset. But did not in the blacklisted device. Therefore: services were denied based on IMEI number.

And: "Your only legal option would have been against whoever you bought the phone from or whoever blocked it."

Also incorrect. The phone worked perfectly - the network was the issue. And you cannot take someone to court with whom you don't have a contract. I did consider trying to go after O2, but my contract was with giffgaff. That was the one that was broken, therefore that was my legal route.

MikeWhite

IANAL etc. but
"2.2. We may exercise our discretion, using reasonable skill and care, to refuse to provide any part of the Service to you. This may involve barring certain numbers from the Service on a temporary or permanent basis, in circumstances where it is necessary for us to do so."

should have covered it?

oilyfingers99

Good point,

But if a phone hasn't been stolen then why would it be necessary to block services?

MikeWhite

oilyfingers99 wrote: »

Good point,

But if a phone hasn't been stolen then why would it be necessary to block services?

It shouldn't be, but how can giffgaff tell?

oilyfingers99

Because I have the original receipt, and a report from checkmend and police databases.

grumbler

oilyfingers99 wrote: »

Also incorrect. The phone worked perfectly - the network was the issue.

It worked perfectly as a tablet only. Your current network cannot be held responsible for blocking if it wasn't the one who blocked it.

And you cannot take someone to court with whom you don't have a contract.

Incorrect. You can. O2 shouldn't have blocked the phone without making sure that the person reporting it lost/stolen was the genuine owner. Not that they had any means of making this sure as the existing system of blocking was created by idiots and is fundamentally flowed.

I did consider trying to go after O2,

You should have to go after O2, not giffgaff.

That said, O2 would have fallen victim of this stupid system that they voluntarily participate in of are forced to participate.