Problem with IMEI Blocked phone

Jay3gsm

Back in February I purchased an S10 from CEX. Used it for a few weeks, decided it wasn't for me. After searching online, I found the best trade-in price was through Music Magpie. I've used them in the past on a couple of occasions, never had an issue, and I didn't expect one this time.
I sent the phone to them, received the confirmation that it had been received, but then received another email saying that after checking the phone details online with CheckMend, the handset was IMEI blocked by EE. Due to this, Music Magpie wouldn't be able to complete the purchase, but they also refused to send the handset back. Apparently their T's & C's state if they receive a handset with a red flagged IMEI, they can't send it back.

This was at the end of February, then COVID happened, I became ill, lockdown happened, thankfully I'm all recovered now, so I picked this up again with Music Magpie. Really want to get the situation sorted. 

I've spoken to EE customer support on Twitter, who eventually confirmed the IMEI is network blocked, but they don't consider me the owner of the phone; as far as they are concerned the original owner needs to call them to remove the IMEI block. The only chance I would have of even knowing who this is, would be through CEX. I've contacted them, yet to receive a reply, but I doubt they're just going to give me the person's name and address. And what would I do if they did?

Also, if the reason the phone is blocked is because whoever sold it then reported it lost or stolen, it's highly unlikely they will contact EE. Likewise, if the phone is IMEI blocked due to a non paid invoice, why would they contact EE? And who's to say the person who sold the device to CEX is the same person who bought it from EE? 

So, that's the outline of the issue I'm looking to resolve. My dilemma is this: EE won't remove the IMEI lock on the phone, as they don't consider me the owner of the device, despite the fact I can provide proof of purchase. Music Magpie won't purchase the phone because of the IMEI block (why would they, even?) but also won't return it to me. This prevents me from going back to the CEX store for a refund - I have no device to return. So no refund from CEX, no purchase price from Music Magpie, and no device.

I'm really stuck on my next option. I'm thinking I may need together some legal advice, but thought I'd try here first to see if anyone has ever had a similar issue? Or if anyone knows of a specialist legal advice centre that understands telecoms issues? 

Neil49

You need to sort this out with CEX as that is who your contract is with.

I suggest that you revisit the store you purchased it from and discuss the issue with the manager. Take all the information you have from EE and Music Magpie (preferably printed off) and leave them to sort it out. 

Joe9090

If all else fails you can get an unlock code for a tenner from ebay for the S10.
Make sure you use a seller who guarantees the unlock though.

Jay3gsm

Joe9090 said:

If all else fails you can get an unlock code for a tenner from ebay for the S10.
Make sure you use a seller who guarantees the unlock though.

Unfortunately, that won't help as the issue is with the network having blocked the IMEI, not that the handset is network locked.

Jon_01

You only recourse is with CEX.
You won't get anywhere with any legal action. The phone will be regraded as stolen property and the original owner had no right to sell it to CEX.
Go with Neil49's advice, it's your best route to getting anything resolved. . .

sdduk

I agree with neil and jon advice Cex is your best route.
Getting an Unlock code will make no difference it's the IME that is blocked not the network provider which is what you would Unlock
also trying to change the IME: is a criminal offence afaik if you get caught.

PHK

sdduk said:

I agree with neil and jon advice Cex is your best route.
Getting an Unlock code will make no difference it's the IME that is blocked not the network provider which is what you would Unlock
also trying to change the IME: is a criminal offence afaik if you get caught.

That’s right, under the Mobile Phones (Reprogramming) Act, changing the IMEI is likely to end up in very hot water. 

Joe9090

Jay3gsm said:

Joe9090 said:

If all else fails you can get an unlock code for a tenner from ebay for the S10.
Make sure you use a seller who guarantees the unlock though.

Unfortunately, that won't help as the issue is with the network having blocked the IMEI, not that the handset is network locked.

Sorry. I now know the difference between blocked and locked!

Highland76

OP, did you pay for the S10 using your credit card? If so, you might be able to claim back the costs from your CC provider using S75 protection, assuming you paid at least £100 for it. I would only go down the S75 route if CEX refuse to refund you as its highly unlikely the original owner will get the handset's IMEI unblocked through EE. So you should be looking at getting a refund: from CEX or through your CC provider if possible.

Jay3gsm

That you for all the replies. 

I am speaking with CEX, and have provided them with all the details, the info from Music Magpie and the report from CheckMend that shows the handset is IMEI barred.

Hopefully that will allow CEX to do what they need to do.

Appreciate all the advice.

mrochester

Jay3gsm said:

That you for all the replies. 

I am speaking with CEX, and have provided them with all the details, the info from Music Magpie and the report from CheckMend that shows the handset is IMEI barred.

Hopefully that will allow CEX to do what they need to do.

Appreciate all the advice.

The trouble might be if CEX can prove they have a clean checkmend report when they purchased the phone originally. I’m not sure (legally) where that leaves you.