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Unable to unlock phone bought from Carphone Warehouse


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Hello all,

 

I am hoping you might be able to help me. I bought a SIM free iphone 4 from the Carphone Warehouse a few months ago, and put my existing SIM card into it. All fine. When I came to the end of my contract with T-Mobile a month or so ago I gave notice to cancel, and took out a new cheaper contract (with no phone attached) with 02. However, I have not been able to use the 02 SIM card in my phone, as the phone has automatically locked to T-Mobile.

 

Here's the difficulty:

 

- T-Mobile won't unlock the phone as it was not bought through them;

- the Carphone Warehouse won't unlock the phone and deny all responsibility for the situation;

- if I were to go to some backstreet operation to get the phone unlocked I would void my Apple warranty;

- I can't use my 02 contract, although I am still paying for it; and

- I am still paying through the nose for my T-Mobile contract, even though the two year term has expired and I want to leave.

 

I'm therefore left with a situation where I cannot use my new contract with 02 in my existing phone because I can't unlock it from T-Mobile without voiding my Apple warranty, and I'm paying for two mobile phone contracts, one of which I do not need, and the other which I cannot use.

 

I have spent literally hours on the phone to 02 (not really anything to do with them), T-Mobile (who say they can't help, although I have had so many different and conflicting answers from them it took forever to establish this), the Carphone Warehouse (who point to their terms and conditions and deny all responsibility - by far the worst customer service BTW) and Apple (who have been lovely, but ultimately unable to do very much).

 

I have a legal background, and so am reasonably aware of consumer protection legislation (though this really isn't my area). From my limited knowledge, it seems to me that I have a number of justifiable complaints:

 

- I was not sufficiently warned when taking out the phone that it would lock to the first SIM card provider, and that I would not be able to change networks without immense difficulty and voiding my Apple warranty (apparently this is noted in the Carphone Warehouse's terms and conditions, though having just located them I cannot see that it is). The term (if indeed there is a "term") is therefore unfair and not binding on me.

 

- The new 02 contract is not fit for purpose - I bought it for use in my existing iphone, but cannot use it due to the difficulties I have described. I should therefore be entitled to damages and rescission under the Sale of Goods Act.

 

- According to something I found on the internet, the regulators looked into the practice of "locking" phones, and concluded that it was justifable because network providers subsidise the cost of phones, and so were entitled to tie customers into contracts for a certain period in order to recoup that cost. Now, given that I bought the phone outright it would seem to be that this reasoning does not apply to my case. If there is no subidy to recoup then charging for unlocking is simply a restraint on my freedom to transfer between network providers, which is exactly the kind of thing the regulator is there to prevent.

 

Currently my plan is to write to the Carphone Warehouse to make a formal complaint, and if that does not work, to go to the regulator. Do any of you have any advice that might help me?

 

Thanks in advance for your help.

 

Liz

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I've never heard of unlocking invalidating a warranty...

 

and anyhow, any warranty is in addition to your statutory rights under SOGA

it does not replace them.

 

pers i'd go get it unlocked.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You issue is soley the responsibility of T mobile to correct, O2 sold you a package but it isn't their responsibility to ensure your handset is compatible.

The car phone warehouse cannot be held responsible for your actions.

T mobile had no grounds to change or restrict the services available in your phone as you owned it.

I would write to "[email protected]" and also copy in the regulator.

In addition to this I would check your terms and conditions with T mobile as there are three clauses which allow you to not pay your bill as long as you write to a specific address detailing your complaint. I haven't got the copy to hand but in following this procedure dis allows them from restricting your service due to non payment.

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Hi dx,

 

Thanks for your response. Accordingly to Apple, when someone other than the network provider unlocks an iphone they do it by installing software on the phone to get around the lock. For obvious reasons this invalidates Apple's warranty. It will also mean that Apple will not accept that phone for repairs in the future. I could just go ahead, get it unlocked, lose the benefit of my warranty, but why on earth should I have to? It seems meaningless and unfair to me. The official provider (T-Mobile in this case) can unlock phones by means of a code. As T-Mobile say they cannot unlock the phone, as I didn't buy it through them, I am a bit stuck.

 

Liz

 

Liz

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You issue is soley the responsibility of T mobile to correct, O2 sold you a package but it isn't their responsibility to ensure your handset is compatible.

The car phone warehouse cannot be held responsible for your actions.

T mobile had no grounds to change or restrict the services available in your phone as you owned it.

I would write to "[email protected]" and also copy in the regulator.

In addition to this I would check your terms and conditions with T mobile as there are three clauses which allow you to not pay your bill as long as you write to a specific address detailing your complaint. I haven't got the copy to hand but in following this procedure dis allows them from restricting your service due to non payment.

 

Hi Leon,

 

Thanks for this. To clarify - the Carphone Warehouse sold me the contract with 02, rather than 02 itself. I told the Carphone Warehouse advisor exactly where I got my phone from and which network I was with at the time. In my view he should have said "If you bought a SIM free phone from the carphone warehouse then used it with a T-Mobile SIM it will have locked to T-Mobile and so this 02 SIM card I am selling you won't work on your phone, unless you get your phone unlocked by a backstreet operation, which will void your Apple warranty." If he had, I would have said "Well in that case I won't buy this contract because it is not fit for purpose."

 

I am not attempting to argue that the Carphone Warehouse is responsible for anything other than its own misrepresentations. My actions are irrelevant here.

 

I agree however that T-Mobile are at fault (in addition to the Carphone Warehouse) and so thank you for the information on how to write to them.

 

Liz

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i had problems with car-phone in the past, they are a clown outfit.

 

as for the unlocking, no software needs to be installed. What happens with the iPhone is that the company who the phone is locked to. In this case T mobile / EE they send a request to apple who then take a few hours and unlock your phone by setting up the phone as new on iTunes. I think EE are playing hard-ball because i believe that its about £30 to have the phone unlocked. normally through the provider. and they may be passing the buck due to you having grounds to have it unlocked free.

 

The software bit you mentioned usually refers to jail breaking not unlocking so someone has misinformed or you have read it wrong.

 

i know a website if needs be who will unlock it for you, however there is a charge. not sure how much tho.

 

 

here just spoke to them

 

You are about to be connected to a new connection sales advisor for T-Mobile UK. Please note they do not have access to existing customer details and cannot process upgrades or queries related to an existing T-Mobile account. If you have a query of this nature please contact customer services on 0845 412 5000 or 150 from a T-Mobile handset..

You are now connected with Sean.

Sean: Hi there, my name is Sean. I am part of the dedicated T-mobile Online Sales Team. How can I help you with your T-Mobile order?

steve: quick question, once my contract has finished with yourselves. how much is it to have my iphone unlocked?

Sean: Hi Steve

steve: hi mate sorry for being rude

Sean: Its okay

Sean: Let me check that for you.

Sean: It may cost you £15 to 20 to Unlock the phone

steve: cheers mate

Sean: Thank you for chatting with me today. You can rate my service at the end of this chat by simply clicking here.

steve: ah cheers mate

Sean: Bye

Sean: Take care

steve: bye

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when you bought the sim free phone was it sold to be used on a particular network? I ask because most big phone suppliers don’t ordinarily sell sim free phones, they usually only sell them as pay as you go with the sim card included, just double check the box and your receipt, it may be that car phone warehouse have simply sold you a payg phone set to t mobile.

 

As for unlocking, as with any phone the iphones are built to use on any network, they not built to only run on one of them. the network provider then adjusts the software so only their sim cards will work. To reverse this, the block is removed from the root menu (which is inaccessible unless you’ve got the relevant software) when apple speak about warrantees becoming invalid because of illegal software, they’re on about jail breaking which allows the user to run the phone and download modified apps without having to pay money to apple, same as chipping an xbox or playstation and buying games from a carboot sale.

 

I’d save yourself a lot of hassle and either purchase a phone unlock code or take it to a reputable phone shop…. and next time you get an upgrade get an android phone, they’re just as good if not better, and in the time it’s taken to write this post I could of talked you through how to unlock an android to all networks lol…

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I had a similar issue regarding a locked phone that I was told they would unlock for free after 1 year (this was with o2 though)

 

I send them a complaint by email asking for either the unlock code or a deadlock letter so I could escalate the complaint (getting the desired result is a balancing act between being forceful and also being nice.)

 

they gave me the code as a "Gesture of goodwill" (yeah... that old chestnut)

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  • 5 months later...

Hi there,

 

I appreciate this post is slightly old however I'm having the same issues with carphone Warehouse and vodafone. Although I accept that vodafone are not the guilty party they or their customer services kind of clutch at straws making it more challenging.

 

I've complained on facebook, I've been in store and the clerk flat out refused to help twice (I've had y iphone for 3 years, 2 on contract and the third sim only still with vodafone so I have paid my dues one would think).

 

I'm registered blind and cannot find an email address to complain to for carphone warehouse or indeed to ofcom, I can still see a bit however searching for this kind of information takes all day so if anyone has either or even better both email addresses I would be very grateful indeed.

 

It is unlikely that I will ever buy a phone via a distributor again, my first 2 iphones were through O2 direct and I had no challenges doing this kind of thing, I pay my bills and am a hi user spending around £90 per month for the first 2 years because I do a lot of international business and make a lot of calls. It is disgraceful he way Carphone warehouse treat people. Really I am upgrading to a 5S and want to give this phone to my dad so he can use it on any network he chooses out in Spain where he lives.

 

Thank you.

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Hi there,

 

I appreciate this post is slightly old however I'm having the same issues with carphone Warehouse and vodafone. Although I accept that vodafone are not the guilty party they or their customer services kind of clutch at straws making it more challenging.

 

I've complained on facebook, I've been in store and the clerk flat out refused to help twice (I've had y iphone for 3 years, 2 on contract and the third sim only still with vodafone so I have paid my dues one would think).

 

I'm registered blind and cannot find an email address to complain to for carphone warehouse or indeed to ofcom, I can still see a bit however searching for this kind of information takes all day so if anyone has either or even better both email addresses I would be very grateful indeed.

 

It is unlikely that I will ever buy a phone via a distributor again, my first 2 iphones were through O2 direct and I had no challenges doing this kind of thing, I pay my bills and am a hi user spending around £90 per month for the first 2 years because I do a lot of international business and make a lot of calls. It is disgraceful he way Carphone warehouse treat people. Really I am upgrading to a 5S and want to give this phone to my dad so he can use it on any network he chooses out in Spain where he lives.

 

Thank you.

 

you need to start a new thread of your own

 

you wont get seen here.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

Thanks for the info however:

 

Surely it isn't a new thread and I'm going over old ground?

 

I was asking one user who seemed to have a positive experience for some information because I'm registered as blind and this kind of information is very challenging to find.

 

I will try to come back and do that at some point.

 

Thanks

 

 

James

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