Sky Mobile Phone Contract - sold the phone, they want it back!

[phonepains]

Hi,

 

I need some advice with the legalities surrounding a mobile phone contract

- Please can somebody help! Sorry,

this might be long but I need to give the full story.

 

I have bad credit, but needed a new contract as I was looking for something different,

I applied for one with an iphone not expecting really to be accepted but stranger things have happened to me.

I have done this many times before, always declined.

This time, I applied online, and received an email stating I would hear after checks were done.

 

I was approved online within 30 minutes,

received an email, 

signed the contract online,

the phone and sim were sent out,

I was pretty happy as this could help with my credit and give me a decent sim.

It was a really good price too (around £26 a month all in).

 

Once the iphone arrived, I sold it.

 

I have done this in the past a few times, never had an issue,

fully intend to pay for the contract,

and use it too and from what I saw online this is not uncommon.

 

Plus part of the contract states it is payment for the phone each month as a separate entity I figured it was like buying it on credit.

I already have the same phone so saw it as a way of sorting the contract for a while anyway plus like the idea of an upgrade when mine gets old. 

 

A few weeks later, I go to log into the account, and it is restricted.

I call them up, they say it must be because my first bill payment is due.

Ok, no problem, paid over the phone.

 

Try to log in. No lifting of the restriction.

 

I call back, they have no clue why this is, and tell me to wait until Monday somebody will call me.

 

I then receive an email saying as requested my phone IMEI has been blacklisted and can no longer be used..

 

At this point, I freak out.

I sold the phone to a company and this is completely out of the blue and filled my head with worry.

 

I immediately contact them, to be told it appears I was approved by mistake,

the pre-checks show I cannot have a contract so it is immediately cancelled,

and they want the phone and sim card back.

I asked was it because of my credit, she said contact equifax.

So I assume so.

 

I have no clue what to do at this point.

As I sold the phone I am happy to pay them for it outright, if I must, but I am not doing that if they have blocked it because I will have to pay both them and the company I sold it to.

I read online they never unblock the phone so it is useless now, but why on earth did they block it anyway?

I have not told them I sold it yet as I just feel stuck.

 

Please can somebody give me some advice here.

How should I go about resolving this..

I feel like an idiot but also feel like part of this is not my fault,

I would never in a million years have expected to be put in this situation as it had all gone through.

 

They also sent me an email saying the phone must be in pristine condition or I will be liable to pay for it anyway.

Again, I purchased this phone on a loan contract agreement, is there anything to say they should honour this?

I am happy to pay for the phone if I have to, but it is now a brick, so I will end up inevitably paying them and also the company I sold it to the money back, which just seems crazy.

 

Clearly, I will never, ever, ever deal with this company again but I just can't see my way out of this.

Please can somebody help me out with some advice on where I stand and how to contact them?

 

Thanks

[BankFodder]

Who supplied you with the phone?

My own view is that they entered into a contract and they are bound by it. It really is going to depend on what action you want to take – but it won't be quick.

[dx100uk]

did you sign a credit agreement as well as a airtime contract?

 

[fkofilee]

What company? Its not something like Sunshine Mobiles etc is it?

 

[phonepains]

sky mobile is the company. To be honest I have no idea if they are separate agreements but they list them separately on the bill breakdown.

[fkofilee]

So it was Sky... Interesting... Did you apply with any false information which may have caused this? 

Im a little shocked by this...

[phonepains]

Weirdly on their trust pilot the exact same thing happened to somebody recently (most recent review) but they had not sold the phone so no issues. My information should have been fine but I cannot go back and check but it was my address, name, dob as you had to show ID for the delivery which my dad did..

[phonepains]

Any advice? I just don't know the best way to handle it.

 

As I said, if I have to I will pay for the phone, but they have bricked it :/

[dx100uk]

sorry we need to see what you signed and the full T&C's

if it was an HP agreement, then it was not yours to sell on.

 

i'm sure theres another topic here about people pulling this type of ….well you know the word..

and it didn't end well

 

 

[phonepains]

This has just worried me even more

 

Shall I just tell them and see what they say?

[dx100uk]

what did you sign?

 

dx

[phonepains]

This is a link to the agreement - https://www.sky.com/shop/__PDF/Sky-Mobile-Contract.pdf

[dx100uk]

doesn't appear to be any legally binding contract or whatever whereby you cant sell it.

but you'll need to apply to get it unlocked. and they could refuse.

 

have they mentioned the word fraud in any comms since they disabled it?

 

[phonepains]

None whatsoever, and this was something I thought, I was happy to send them any ID or anything if it would help with it. 

If I just pay them for the phone if they accept, then apply for it to be unblocked, would that likely be the only route I have here?

[dx100uk]

yes probably

let our expert

fkofilee

comment please

 

[fkofilee]

Be with you shortly... Need to digest it in full

 

[fkofilee]

I have a further comment that I want to make this afternoon which will be a lot to digest 

But why do you want the phone unblocked? Who did you sell it too? 

 

Sky just use a CCA setup for the handset like O2. 

[phonepains]

I sold it to one of the phone recycle companies as they offered a price as good as I could get from eBay etc. 

 

The block they have done is an imei block, the same as if you report it stolen

 

If worst comes to worst I will pay for the phone and just refund the company too but the whole thing is just constantly going around in my mind - I never expected any of this to happen but it is causing me a great deal of anxiety

Edited July 16, 2019 by phonepains

[fkofilee]

Yep - Which is normal... 

Did you get your money and you are now being chased? 

[phonepains]

Just now, fkofilee said:

Yep - Which is normal... 

Did you get your money and you are now being chased? 

 

They paid me but have not said anything, I was thinking I would bring it to their attention to be honest and be up front

[fkofilee]

Dont... Youll shoot yourself in the foot. 

[phonepains]

Okay I’ll hold fire there for now.

 

I just want to get this resolved with Sky, just how to best do that I have no idea. 

[fkofilee]

Shhhhhhhhhhhhhhhhhhhhh... Peace

[fkofilee]

So here we go.

I have read through the full T&Cs that you have sent me and it makes for some standard but interesting reading. 

In short - Sky can terminate your services as they see fit. Standard stuff - IE Fraud Reasons, Non-Payment, Move Abroad etc... Realistically they will sell this to a debt seller. 

However I have personally been affected by a situation like this before. IF the company accepted you and then suddenly cancelled after the 1st bill, you need to find out why.

An "Informed" Consumer is a "Dangerous" Consumer and for that reason. A lot of these companies do something called "KYC" - This is Know Your Customer. They do this for every customer.

It basically is a set of rules / practices that they need to maintain like checking for supiscious payments / transactions. It more applies to Financial Services. BUT...
Will also apply to Sky in how they do their Mobile / Hardware Contracts.

 

First off - Go check your credit file for free. 

https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=27931

 

Please read it through and through. 

 

You also need to be on the ball in case they have shut it due to Fraud reasons (Even though it is unlikely). So you need to do 2 things. 

 

You can send a Free DSAR (Subject Access Request) to them. This will give you all the information that they hold on you. This will also open up your eyes too. 

If you search the forum, you should find info on how to make a DSAR. 

 

You also need to read here -

https://www.cifas.org.uk/contact-us/subject-access-request

If you have been added with a CIFAS marker then you need to know why. 

 

You can also complain to the Ombudsman. But will need to complain to Sky first. DONT DO THIS UNTIL YOU HAVE ALL YOUR INFORMATION! You need to know what you are complaing about. 

 

If you have the IMEI - Go to Checkmend and pay for a £1.99 report on there. They will give you a full report on the device.

 

Don't deal with the Telephone Staff (Goblins) at Sky Mobile. 
Keep everything in writing. 

 

Once you have everything (Could take a month) come back here with your case file and we will help draft you something. 

 

You need to use your own drive here to get to the bottom of it. 

Somethings in the DSAR you wont beable to see as they are company sensitive but at the same time they should supply everything that IS NOT Sensitive. 
Also aswell if you have paid anything then you should be entilted to any refund to paid services, they need to put you back in the place you were before.

 

How much are they charging you for the device. Best thing I can see happening. You pay them for the device, they unblock it.
Full removal of any negative CRA Info and no CIFAS Marker. 

 

Now go read up in full... Any questions... Ask... 
But We all work full time on the forum so our responses might be a bit lacking sometimes 

[phonepains]

Ok thank you I will start on this later today