Fraudulent sold a mobile phone

in Credit Cards
9 replies 1.4K views
I bought a mobile phone for a shop in Luton Bedfordshire in November 2013 all went well for just over three months then phone stopped working.

I contacted Sony as it was a Sony Z one mobile phone and told them I had a problem with the phone they said return the phone to them as it was still under guarantee and they would look at it for me.

I was contacted by Sony a week later they said that there was nothing wrong with the phone but it had been blocked / blacklisted which ever you want to call it…. as it had been reported stolen or lost and said to contact my phone provider.

I contacted the shop where I bought the phone with my credit card and they said to send that the imie number to them and they would look at it, when I managed to contact the shop after a few days later they said that the imie number I given them was not the one from the phone they sold to me,... I said that was not true, as that was the phone that arrived at my house.

I had contacted the shop 4 times by phone in the 3 months from paying the phone and it stopped working as I never received a bill of sale just a copy of the credit card slip that I had paid for over the phone.

I contacted the Sony again and told them what the shop and said and gave them imie number and they checked for me and said that the said phone had been sold by sony to Phones4U and not the shop that I bought it from.

I contacted Phones4U and they told me that they had sold the phone and it was put on a contract with Vodaphone.

I contacted the police and told them that I had been a victim of fraud, the police did not want to know and said they do not deal with fraud any more that it is now down to a company called action fraud I contacted action fraud and they took the details and said not a lot they could do if they thought it was serious or not they Would contact the Met police.

I contacted my credit card provider MBNA and told tham the problem they said that they would look into it.

MBNA contacted me and said I had left it to long over 109 days, to make a claim under section 75,I said No this had only just happened and I was in contact with them straight away.

I did not know there was a time limit on making a claim on a faulty item, if that is so how do you go on paying for a holiday by credit card in advance or booking a wedding reception in advance and paying a deposit in advance.

I an out of pocked of £400 pounds and the credit card should reimburse me, as the shop that sold the phone to me ,sold a phone that was not Brand new , as advert said .

I would like to make contact with Martin Lewis for it HELP on this matter

Replies

  • MorglinMorglin Forumite
    15.9K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Martin Lewis does not respond, personally, but no doubt someone will be along soon with done advice.

    Lin :)
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
  • edited 10 May 2014 at 2:48PM
    PeacefulWatersPeacefulWaters Forumite
    8.5K Posts
    edited 10 May 2014 at 2:48PM
    There is no statutory claim period under Section 75 that I'm aware of.

    Get back to MBNA with your original claim and make a separate complaint about their previous misleading effort to stop you claiming.

    Ask for full details of their complaints procedure including how and when you can escalate to the FOS.

    Alternatively, a final letter to the shop giving them 21 days to reimburse you in full or you will escalate to the small claims court.
  • deegrobdeegrob Forumite
    8 Posts
    There is no statutory claim period under Section 75 that I'm aware of.

    Get back to MBNA with your original claim and make a separate complaint about their previous misleading effort to stop you claiming.

    Ask for full details of their complaints procedure including how and when you can escalate to the FOS.

    Alternatively, a final letter to the shop giving them 21 days to reimburse you in full or you will escalate to the small claims court.

    Whats FOS? I'm 72 and not sure what thats means
  • deegrobdeegrob Forumite
    8 Posts
    There is no statutory claim period under Section 75 that I'm aware of.

    Get back to MBNA with your original claim and make a separate complaint about their previous misleading effort to stop you claiming.

    Ask for full details of their complaints procedure including how and when you can escalate to the FOS.

    Alternatively, a final letter to the shop giving them 21 days to reimburse you in full or you will escalate to the small claims court.

    I sent a letter recorded delivery to the shop 3 weeks ago giving them 14 days to reply,BUT still no contact from them
  • d123d123 Forumite
    8.5K Posts
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Forumite
    deegrob wrote: »
    Whats FOS? I'm 72 and not sure what thats means

    The Financial Ombudsman Service.

    http://www.financial-ombudsman.org.uk
    ====
  • CKhalvashiCKhalvashi Forumite
    11K Posts
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Forumite
    There is no statutory claim period under Section 75 that I'm aware of.

    Get back to MBNA with your original claim and make a separate complaint about their previous misleading effort to stop you claiming.

    Ask for full details of their complaints procedure including how and when you can escalate to the FOS.

    Alternatively, a final letter to the shop giving them 21 days to reimburse you in full or you will escalate to the small claims court.

    It sounds more like a chargeback limit, rather than the S75.

    You need to speak to MBNA again IMO, registering a formal complaint if they don't respond.

    IMO, OP was sold goods that don't meet description.

    CK
    💙💛 💔

    Please note: All posts on Coronavirus legislation refer to England unless specified otherwise.

    I can spell, my iPad can't.
  • chattychappychattychappy Forumite
    7.3K Posts
    CKhalvashi wrote: »

    IMO, OP was sold goods that don't meet description.

    CK

    Specifically, Sale of Goods Act 1979: It is a condition implied into the contract for sale that the seller is entitled to sell the goods (ie good title) and that they are free from undisclosed encumbrances. S12(1) and S12(2)(a).
  • deegrobdeegrob Forumite
    8 Posts
    CKhalvashi wrote: »
    It sounds more like a chargeback limit, rather than the S75.

    You need to speak to MBNA again IMO, registering a formal complaint if they don't respond.

    IMO, OP was sold goods that don't meet description.

    CK

    How long should I give them before I register a formal complaint?
  • edited 11 May 2014 at 7:02PM
    grumblergrumbler Forumite
    55.1K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    edited 11 May 2014 at 7:02PM
    If you are not satisfied with what they tell you, you can start complaining the very same day.

    When they give you their final decision or in 8 weeks otherwise you can complain to FOS. Alternatively you can submit a claim to the online small claims court either against the shop or against MBNA. If it's the shop you have to send them a Letter Before Action first.
    We are born naked, wet and hungry...Then things get worse. :(

    .withdrawal, NOT withdrawel ..bear with me, NOT bare with me
    .definitely, NOT definately ......separate, NOT seperate
    should have, NOT should of
    .....guaranteed, NOT guarenteed
This discussion has been closed.
Latest MSE News and Guides