EXPIRED

claims court .

I bought a new in August 15 ,then in Jan 16 it was blocked as it was an unwanted upgrade and they hadn't payed the bill. I was going to take her to court at the time but had things going on at home so I didn't bother . could I still make a claim now or is it too late ? my friend thinks I'm daft for not pursuing it as I lost £250 plus had to buy a new phone .

59 Comments

Original Poster

I didn't no at the time that you can't sell a unwanted upgrade phone .

I bought a new.......... I'm guessing your referring to a phone of some sort or contract? oO

Original Poster

ThugBasher

I bought a new.......... I'm guessing your referring to a phone of some … I bought a new.......... I'm guessing your referring to a phone of some sort or contract? oO



​sorry a mobile phone off a private seller, local Fb page.

Yes, you can still take them to court.

joshp

Yes, you can still take them to court.


this person is right. But you also need to ask questions like "would it be wise to do so?" and "am i likely to win" and "do i know how to do it without going to a solicitor and how much could it cost?"

Take a look here and here

zoeandjack15

​sorry a mobile phone off a private seller, local Fb page.



What did they say when you told them it was blocked?

You can still claim. Unless she gave you a verifiable receipt, you are going to have to have co-operation from her network provider and they will be very reluctant to help. If you then go one to win do you believe she will comply with the judgement?

For £250 you are going to have costs (some of which you can recover) and a lot of your time dealing with this. Do not get me wrong I would be feeling exactly the same way.

Original Poster

deb8z

What did they say when you told them it was blocked?



​that it's was fine when they sold it to me and I must of done something to it. she did offer my money back in the end after getting the police involved,but I'd have to wait a couple of weeks before she started to pay a £25 a fortnight.

Original Poster

Argoj

You can still claim. Unless she gave you a verifiable receipt, you are … You can still claim. Unless she gave you a verifiable receipt, you are going to have to have co-operation from her network provider and they will be very reluctant to help. If you then go one to win do you believe she will comply with the judgement? For £250 you are going to have costs (some of which you can recover) and a lot of your time dealing with this. Do not get me wrong I would be feeling exactly the same way.



​the network wouldn't speak to me it's on her name , I have all copied all the info selling, private messages and checkmend report .I do believe she'll comply with the judgment apparently I can claim cost that I have occurred back ,new mobile phone and court cost .

zoeandjack15

​the network wouldn't speak to me it's on her name , I have all copied a … ​the network wouldn't speak to me it's on her name , I have all copied all the info selling, private messages and checkmend report .I do believe she'll comply with the judgment apparently I can claim cost that I have occurred back ,new mobile phone and court cost .


so what about the £25 per fortnight she offered to pay?

Original Poster

chocci

so what about the £25 per fortnight she offered to pay?



​I had to wait a couple of weeks before she started to pay , I said no as I needed money to buy a new phone. I offered to sell the phone as spares and take that off the bill ,she said it is did that she would get me done for selling stole property . I have sold the phone .

this thread keeps getting better

you have sold the phone? oO

Wait, so you have sold the phone already? did you do this prior to finding out it was blocked or after?

Has she given you any of the £25 instalments at all?

What was the difference in what you paid for the phone, and what you sold it for?

zoeandjack15

​I had to wait a couple of weeks before she started to pay , I said no as … ​I had to wait a couple of weeks before she started to pay , I said no as I needed money to buy a new phone. I offered to sell the phone as spares and take that off the bill ,she said it is did that she would get me done for selling stole property . I have sold the phone .


You dont have a leg to stand on if you have sold the phone.

This thread just keeps on giving....

Original Poster

joshp

Wait, so you have sold the phone already? did you do this prior to … Wait, so you have sold the phone already? did you do this prior to finding out it was blocked or after?



​after and I told her that I sold it because I need some money to buy a replacement phone . I have taken what I got for the phone off what I payed for the phone .

zoeandjack15

​after and I told her that I sold it because I need some money to buy a r … ​after and I told her that I sold it because I need some money to buy a replacement phone . I have taken what I got for the phone off what I payed for the phone .



So what was the difference, and has she given you any £25 instalments? How much do you believe she owes you?

Original Poster

​she hasn't given me any money and I sold the phone for £50 someone wanted it for the screen ,I payed £300 for the phone so now out of pocket for £250 plus another £130 for a new phone .

If the network will not enter into discussions with you then you will get no where, they are the aggrieved party. Effectively the phone you bought has been obtained by fraud. You would be taking her to court for costs you have incurred in buying from her a stolen phone.

So you want the original cost back minus what you received for the handset (reasonable) and £130 for a phone you have purchased as a replacement (unreasonable).
Edited by: "Argoj" 8th Sep 2016

Original Poster

Argoj

If the network will not enter into discussions with you then you will get … If the network will not enter into discussions with you then you will get no where, they are the aggrieved party. Effectively the phone you bought has been obtained by fraud. You would be taking her to court for costs you have incurred in buying from her a stolen phone. So you want the original cost back minus what you received for the handset (reasonable) and £130 for a phone you have purchased as a replacement (unreasonable).



​but I didn't no that when I bought it .I bought it good faith .

Original Poster

Argoj

If the network will not enter into discussions with you then you will get … If the network will not enter into discussions with you then you will get no where, they are the aggrieved party. Effectively the phone you bought has been obtained by fraud. You would be taking her to court for costs you have incurred in buying from her a stolen phone. So you want the original cost back minus what you received for the handset (reasonable) and £130 for a phone you have purchased as a replacement (unreasonable).



​no network will discuss someone else's contract ect , will they ?

Sounds like you need Jeremy Kyle or Judge Rinder for this one!

Original Poster

adamsxi

Sounds like you need Jeremy Kyle or Judge Rinder for this one!



​I think I'll just count my loss

First off, you won't get £130 for the new phone you've had to buy. That's nothing to do with your transaction with the person that sold you this phone.

You can submit a small claim online, using MoneyClaimOnline (google it), this will cost you £25 - however you will need to provide absolutely clear and undeniable proof, by way of receipts etc - otherwise it's simply your word against theirs.

I personally would be a bit concerned about doing it though - the phone is effectively a stolen phone, it wasn't paid for by the original account holder, and you've sold it since. I think any small claims court would have serious reservations in awarding any kind of judgment in such a case, and you may find it's actually more hassle than it's worth. That said, the initial letter to the seller threatening court, followed by a court claim form a few weeks later, may just be enough to scare them into paying up, and might make them think twice about doing the same to someone else.

If you'd effectively written off the £250 anyway, and are only chasing now as your friend has told you to, is it really worth the hassle to you? I would personally just chalk it down to experience and move on, take it as an expensive life lesson.

zoeandjack15

​but I didn't no that when I bought it .I bought it good faith .


You knew that it was effectively a stolen phone when you sold it on. I suggest you avoid going down the legal route for obvious reasons oO

Banned

miikeyblue

First off, you won't get £130 for the new phone you've had to buy. That's … First off, you won't get £130 for the new phone you've had to buy. That's nothing to do with your transaction with the person that sold you this phone.



Precisely the above.

I am glad someone said it.

Seeing as you don't have the phone any longer you won't be able to prove to the court that it's been blocked. Don't bother wasting your time.

Original Poster

seabs

Seeing as you don't have the phone any longer you won't be able to prove … Seeing as you don't have the phone any longer you won't be able to prove to the court that it's been blocked. Don't bother wasting your time.



​I can provide proof as I had a checkmend report done .

Banned

zoeandjack15

​I can provide proof as I had a checkmend report done .



Irrelevant

Sorry, I didnt realise you have flogged it already.

You have no hope in court. The above poster is correct.

Going to court will cost you because you will not win.

Original Poster

ty all for your advice , 1 lesson learnt.

Banned

zoeandjack15

ty all for your advice , 1 lesson learnt.



More importantly.

When you have been screwed over... Keep the evidence.

Did you just knowingly sell a stolen/blocked phone?

Original Poster

no not a the time , a friend bought cos they wanted it for the screen .he still has it .

zoeandjack15

no not a the time , a friend bought cos they wanted it for the screen .he … no not a the time , a friend bought cos they wanted it for the screen .he still has it .



So you sold the phone to your mate for £50 thinking it was working fine? (_;)

Banned

chocci

You knew that it was effectively a stolen phone when you sold it on. I … You knew that it was effectively a stolen phone when you sold it on. I suggest you avoid going down the legal route for obvious reasons oO



​did you even bother to read ops comments! they said they sold it as parts!!! yes parts!
seems English was never your first language!

Original Poster

joshp

So you sold the phone to your mate for £50 thinking it was working fine? … So you sold the phone to your mate for £50 thinking it was working fine? (_;)



​no they new it wasn't working .

Original Poster

at the time i they new it wasn't working , was just saying not registered to any network.all he wanted it for was the screen as he had broken his .

sofiasar

​did you even bother to read ops comments! they said they sold it as p … ​did you even bother to read ops comments! they said they sold it as parts!!! yes parts! seems English was never your first language!



That doesnt make it any less stolen.

Original Poster

I would never sell anything knowingly it was classed as stolen .
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