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Dark281

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  1. Thank you for your reply. As a business owner myself I can appreciate CEX point of view in matters. We never had a loan agreement. Although my brother did offer to pay the monthly price of the phone. Which he paid by bank transfer to me every month he had the phone. In the current situation they are and will remain in financial loss on this occasion, which they have openly said to me. They are sticking with there point that they are happy to hand over to the police if requested which they know will not happen. They are also aware that the phone will remain locked, and effectively unsaleable, until returned to myself. I understand though that the phone is there collateral in all of this and offering to sell the phone to me for £393 is there way to do some damage control. Whilst the offer may be reasonable it unfortunately makes no sense to me financially. I would be more out of pocket if I done this. It would be nice to have the phone returned but the worst case would be for me to leave the locked phone with CEX and purchase a cheap mobile to use until the contracts runs out. I have the SIM card for the line.
  2. Hello everyone. I am looking for some advice regarding a situation that has came up recently. Around 3 months ago I gave my brother a loan of a mobile phone I had due to his being faulty and him unable to afford a new one at the time. This mobile was the phone I used in my small business, but due to covid work has been lacking and I wasn’t using it so I decided to let my brother use it for a short time and I would use my personal phone for work. The phone is on contract with Vodafone. Sadly 3 weeks ago I found my brother passed away at his home. Due to my brother being so young and his death being sudden there has been a police involvement. I’ve been dealing with my brothers affairs over the past week and quickly noticed the mobile phone I had loaned to him wasn’t around. After making some enquiries with people I quickly found out my brother had actually sold the mobile phone to a CEX store for £393 around a month before his passing. Straight away I contacted Vodafone and had the phone blocked. I immediately went to the CEX store who confirmed they had purchased the phone. I gave them my proof of ownership etc to confirm I am the owner of the phone. After a short discussion and me telling the manager that I am the owner of the phone and would like it returned to me the manager told me I would have to contact the police for it to be resolved. They said the only way they would hand over the mobile would be if the police came in and requested it. I thought that was fine and I contacted the police. I spoke with the officer who was looking into my brothers death who informed me that the case is a civil matter and because my brother had passed away the police would be unable to pursue any criminal proceedings. At this point I began communicating with CEX via there customer service at head office. They initially seemed helpful and when I told them the police will not begin any proceedings they were happy with this and were keen to resolve with me. They said I would be called by a member of management to resolve. One of the companies operations managers contacted me the next day. To cut a long story short they said they would return the phone to me if I purchased it at the amount they gave my brother for the phone (£393). I politely refused stating I was the legal owner of the phone, my brother had no right to sell the device, the phone was under contract in my name and I would like it returned immediately. He said he would speak further with his upper management and would get back to me. A few days had passed without anyone contacting me. I have now received an email from CEX stating again that the only way they will return the phone is if the police investigate. They said they have made there own enquiries and that my brother being dead is irrelevant (their words) and the police will still investigate. I am now at a loss in what to do. The phone is a high end device and I still have around 14 months left on the contract at nearly £70 per month. Can anyone tell me if I would have any chance of success going to court about this? The phone is blocked and currently just an expensive paperweight to CEX. I have no idea why my brother sold the phone and sadly I will never find out. Things are very difficult at the moment as it is as I’m grieving my brother but my head is all over the place about what to think and do. Thanks in advance
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