Online company locked my 'unlocked' phone to a network! ** Resolved by Vodafone**

[spurious]

This is an odd one, and apologies if the forum isn't correct for it - this seemed the most appropriate.

 

Several weeks ago, I purchased an 'unlocked' iPhone from the Carphone Warehouse. Immediately upon receipt, I sent this phone to an online company which colours the housing of the phone. A couple of weeks later the phone was returned, looking great. The only issue is, the company responsible for changing the colour also managed to lock my phone to a UK mobile network. Unlocked phones from the CW lock automatically to the first SIM card placed inside the phone and what appears to have happened is that the company involved placed a SIM inside the phone which inadvertently locked it to that network.

 

This has led to a very difficult situation. My phone is now locked to that network, and Apple have confirmed that it happened while in the care of the company. Apple cannot unlock the phone except at the request of the network. The network won't request it because I am not a customer of theirs. CW wash their hands of it due to the lock happening after purchase/receipt, and the company who locked it say they never guaranteed against doing so and they were never informed that they may lock the phone.

 

I'd like to pursue a case against the company who locked my phone. I paid them to change the colour and they did this to my satisfaction, but in sending back a phone which is locked, they have effectively delivered me a defective unit, substantially different to the one I sent them. My phone is now useless to me and I have had to turn to a third party to pay for an unlock service which is still ongoing. Worse still, all this was discovered overseas, where I was relying on my phone to be operable. I have spent a small fortune purchasing a secondary phone and top-ups while abroad, all directly due to the fact my phone was locked by this company.

 

I have contacted them to try and reason with them and have requested a refund for services provided, but they refuse and merely offer an unlock service for my phone at 'cost price' (a further £50). They are accepting no responsibility and suggest I should have told them that inserting a SIM would lock the phone. The phone was brand new, meaning they would have had no option but to insert a SIM to activate it. At no point did they consult with me or inform me that they would have to insert a SIM card, and insertion of SIMs is not part of the service I paid for.

 

I'm unsure where I stand as a consumer. They have delivered on services ordered, but have rendered the unit dysfunctional in the process.

 

Can anyone advise where I stand?

[tezza1234]

What do the T&C's say on this company's website (assuming they have one)

[spurious]

The T&C's are here: https://www.mendmyi.com/support/terms-conditions/

 

Essentially they're saying that the locked status of the handset isn't something they check or guarantee against. However, surely it's reasonable to expect that they would consult before doing something outside of the service I expected them to provide... in other words, it's reasonable for me to expect them not to start putting SIM cards into my phone when all they're supposed to be doing is changing the colour.

 

The section of the T&C's that grab my attention are the sections dealing with defective units/goods (s.8).

[johnym]

I never knew CPW supplied iPhones did that!

 

Tricky one this but are you sure the phone wasn’t sim locked before you sent it off?

 

You say it locks itself to the network of the first sim card that’s installed, going by the info you’ve given you never tried your own sim card in the phone before you sent it off. You can’t prove or be 100% sure it was unlocked before you sent it.

[BazzaS]

Which network is it now locked to?

[biggeorge]

If the company are offering you the fees for the unlocking I can't see what the problem is, The phone can be unlocked by code rather than jail-broken so no warranty issues

and the phone will work as normal with any sim card.

Accept the unlocking offer and start to use your new phone

 

George

[MaxxPower]

If the company are offering you the fees for the unlocking I can't see what the problem is, The phone can be unlocked by code rather than jail-broken so no warranty issues

and the phone will work as normal with any sim card.

Accept the unlocking offer and start to use your new phone

 

George

I don't think that's what they're offering. What they're offering is a 'discounted' unlocking service that they want the OP to pay an additional fee for.

 

I suspect the reason they put a SIM card into the phone in the first place was to ensure that it was still working after they had completed whatever they did to change the colour.

[biggeorge]

They should have business insurance to cover them if they damage a customers property.

I would give them notice that unless they make good on their mistake so your not out of pocket and the phone is returned to its state

when they received it (at least unlocked to any network so customer has a choice of which sim card he uses) you will take them to court.

 

Should be a simple claim, phone is obviously not in the same condition it was received in, it has been activated by them without your authorization

and you now have to pay out £ to unlock it. That amount will be your claim amount.

Give them 7 or 14 days to reply and then send off an LBA (Letter Before Action) to them, may make them realise they have to fix their mistake.

 

George

[johnym]

This is far from simple, the op cannot 100% be certain or prove the phone was unlocked before he sent it in.

 

The company technically hasn’t damaged it, as has been stated they probably put a Sim card in it to thoroughly test it before returning it.

 

If it were me, I would have tested the phone myself before sending it in, make sure it was fine before paying £xx amount to have it customised.

 

Was the phone a sim free handset purchased outright or an upgrade?

[spurious]

You can’t prove or be 100% sure it was unlocked before you sent it.

 

Actually I can. Carphone Warehouse investigated the matter with Apple and I have it in writing from them that Apple confirmed it was locked when it was received by the company involved. CW provided the Apple incident log number as well, so that side of things seems pretty air-tight.

 

Which network is it now locked to?

 

Vodafone UK.

 

What they're offering is a 'discounted' unlocking service that they want the OP to pay an additional fee for.

 

Correct. The company who damaged my phone by locking it to a network are now requesting I pay them an additional £50 to unlock it, or they won't help me. I've since paid a third company money to do that so there's no point, but I want the company who locked it to pay for it, plus compensation for the expense I've incurred as a result of their mistake.

 

They say there is no 'mistake' - that the service I paid for was completed (this is true) and that any additional problems aren't anything they guarantee against and I should have told them. That's the problem - whether that argument would stand up in court or whether, as I think, their actions have rendered my phone defective and have necessarily caused me expense and massive inconvenience.

[BazzaS]

Is it worth investigating (if only as a "mitigating your loss" method that might look favourable if you have to take the company who locked it to court!) an unlock via Vodafone UK?.

 

They have a very helpful rep on CAG, Lee , and I've dropped him a PM asking if there is any help Voda can offer ; would it be an option to confirm if the following would work?

 

https://www.vodafone.co.uk/vodafone-uk/forms/unlock-code-request/

 

a) get a PAYG Voda nano-SIM,

b) use the SIM to ensure the iPhone is locked to and works on Voda,

c) put £20 credit on, and pay Voda their £19.99 unlocking fee for PAYG phones.

 

Might this be a way forward, given it is now locked to Voda?.

Edited December 10, 2013 by BazzaS

[spurious]

Might this be a way forward, given it is now locked to Voda?.

 

Thanks for the suggestion. I've talked at length with Vodafone, who insist they cannot help me. The issue is, I'm not a customer of theirs, and they will only request unlocks for customers. I was overseas when I discovered the phone was locked so becoming a Vodafone UK customer was tricky. I've since paid a website £80 to unlock my phone, which is expensive but the site is legitimate and I was desperate. I've paid for it already so now it's just a case of seeking compensation from the company who locked the handset.

[johnym]

Personally I don’t think you’ll get very far with this. I know it’s not right but the amount of time and effort involved in pursuing this may not be worth it, at most assuming everything goes your way, you might get the money to unlock the handset but as for costs you incurred being deprived of your iPhone and compensation for the inconvenience I very much doubt you’ll get far as they could say there was nothing stopping you using your sim card in another handset.

[spurious]

I very much doubt you’ll get far as they could say there was nothing stopping you using your sim card in another handset.

 

That's true, but it's only as a consequence of their actions that I'd need to do so. I just want my unlock fee covered, really. Maybe £100 compensation all in (plus court costs, if it comes to it). They've done something to render my phone inoperable, but it's not related to the service I paid for and isn't really covered by their T&Cs, so am I wasting my time?

[BazzaS]

Thanks for the suggestion. I've talked at length with Vodafone, who insist they cannot help me. The issue is, I'm not a customer of theirs, and they will only request unlocks for customers. I was overseas when I discovered the phone was locked so becoming a Vodafone UK customer was tricky. I've since paid a website £80 to unlock my phone, which is expensive but the site is legitimate and I was desperate. I've paid for it already so now it's just a case of seeking compensation from the company who locked the handset.

 

I'm glad you now have it sorted even at some cost.

 

I'd still like to know if Voda could have helped by you becoming a customer (even by PAYG) of theirs..... and sometimes one dept. says they can't help, and then Lee opens some new doors (often as if by magic, so I hope he still looks in here!)

I'd be keen to find out, even so I know so that if someone else faces the same .......

Edited December 10, 2013 by BazzaS

[Lee Vodafone Company Rep]

Hi spurious,

 

This is a bit of a strange issue.

 

I'll do some digging to see if there is anything we can do for you.

 

I'll come back to the thread with an update either way as soon as I can.

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

[Lee Vodafone Company Rep]

Hi spurious,

 

Although I can't make any guarantees that we'll be able to unlock it I'm happy to give it a try.

 

As such, could you email me with the relevant details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To make sure it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

[BazzaS]

Hi spurious,

 

Although I can't make any guarantees that we'll be able to unlock it I'm happy to give it a try.

 

As such, could you email me with the relevant details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To make sure it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

 

Hi Lee,

After I posted that I'd asked you to drop in (post 11), the OP noted he'd paid to have the phone unlocked (post 12), as he needed it urgently.

I'd still be keen to know (if you don't mind!), if the "put Voda PAYG SIM in, pay £19.99 for unlock" method would have worked if it was locked to Voda UK?

[Lee Vodafone Company Rep]

Hi BazzaS,

 

Apologies for the confusion, I wasn't 100% sure it the OP had definitely managed to get their phone unlocked.

 

In this instance we wouldn't have charged the usual fee due to the circumstances in was being requested under.

 

Thanks,

 

Lee

 

Web Relations

 

Vodafone UK

[spurious]

Hi Lee,

 

Thanks so much for your offer of help with this. I have emailed you today via the VF link on your post, with your reference as a subject title. The reference number for the contact is: 5531150.

 

My phone remains locked. Although I paid a third party to unlock it on 15th November, to date they have failed to do so, and my phone is still inoperable as a result.

 

Please let me know if there's any information you need I haven't included in my email through the site. And thank you again.

Edited December 17, 2013 by spurious
Addition of the reference number

[BazzaS]

Hi Lee,

 

Thanks so much for your offer of help with this. I have emailed you today via the VF link on your post, with your reference as a subject title.

 

My phone remains locked. Although I paid a third party to unlock it on 15th November, to date they have failed to do so, and my phone is still inoperable as a result.

 

Please let me know if there's any information you need I haven't included in my email through the site. And thank you again.

 

You'll get an automated response from that link. That response will have a reference number in it. Post the ref. no. in this thread, and Lee should be able to pick up the e-mail more easily.

[spurious]

Sure, thanks. The reference is: 5531150.

 

Incidentally, for anyone interested, I've sent an email to the company who locked my phone advising that I do not consider it reasonable that they would insert a SIM card into my phone when I paid them simply to colour it, then say "our terms didn't say we wouldn't do it". Why would they do it? It doesn't seem fair to assume that I would be OK with anything that may damage the phone - even outside of the scope of the service I paid for - just because they don't guarantee against doing such a thing. To ask for £50 to unlock a phone they locked themselves seems entirely unfair.

 

I've advised that in the absence of a response to that letter within seven days, they'll be getting a LBA and if that's not resolved to my satisfaction, I'll be claiming not only the cost of their service but all associated costs for the fallout, which is considerably more than I'm asking for at the moment, via Moneyclaim.

 

I'll keep this thread updated.

[ericsbrother]

Would they stick a slice of beef into the works and then claim that its ruination wasnt their fault and that their terms dont say that they wouldnt? They are supposed to have the technical ability to do their job and by doing what they have done they are either not competent or negligent in so doing. Make sure that this is mentioned in your LBA or at least ask them to demonstrate a level of competence by showing sight of their procedures for handling a customer's phone. Bet they dont have it in writing so they will have to show some level of knowledge or be considered reckless with your kit.

[havinastella]

if this was me, I'd send a letter to the registered office address giving them 14 days to comply with your request. I would ask for the unlocking fee paid to 3rd party, all costs whilst you were overseas and others you have incurred.

 

If I didn't receive any response, I would issue court papers on the 15th day.

 

head your letter 'Letter before action'

 

ONLY do this if you are prepared to issue the court papers.

[spurious]

Update: following a lengthy and fairly aggressively worded email explaining why I felt their position was unreasonable and what I intended to do if they didn't refund the cost of the service they provided in full, I received a 'without prejudice' email back asking for an address for them to send a cheque to. It looks like they're going to pay up. That will cover the unlock fee plus about twenty quid. I'm happy to settle for that, but I'm still a bit gobsmacked at their initial 'we didn't say we wouldn't do it' approach.

 

Meanwhile, the phone remains locked. The unlock service, which I ordered through a site called 'Official iPhone Unlock' at a cost of £74.99 on 15th November has been plagued with apparent 'delays'. The website appeared to be the least dodgy of all the dodgy unlock sites. The timeframe given should see it arrive before Christmas, hopefully. Unless VF are able to come to the rescue, of course.