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Berry Posts: > 500

I genuinely feel sorry for both parties, but unfortuately there remains both a moral stance and a legal stance. And it seems now that is where this all stands....

My understanding is:

...neither parties hold "Title" to the phone. That either remains to the very frst owner of the phone, or if the phone has been reported stolen, then the insurance company who has paid out on it are the legal owners, and unfortunately no one in the chain is in a position to do very much...no matter what has been paid where and how and with what proof.

And before anyone jumps on the "who's side are you on" bandwagon, I am just merely stating the legal standing...and not my opinion!

It a real shame for everyone involved apart from the idiot that barred the phone in the first place.

Good Luck in finding an agreable solution.



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[ This Message was edited by: tmag2005 on 2007-02-18 09:12 ]
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Posted: 2007-02-18 10:12:05
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Mike.P® Posts: > 500

Well rather than face up to his responsibilities like a man and contribute something to my loss it seems Tobscooby has decided to skulk away and wash his hands of the problem completely.
I have heard nothing from him at all so would presume he is not going to do anything to help even though he has the money from the sale of MY W950i to Peterkay and I have a blocked phone.

I wonder if he would be so "ethical" if it had been the other way around .. somehow I doubt it but there you go, it must be nice to use your own interpretation of the law to walk away from something you are involved in with no cost to yourself.

Looks like I will have to get satisfaction another way.

Thanks to everyone who sent a PM of support and offering help .. and everyone on the thread who gave an opinion .. whatever it was


Please leave this open just in case .. although I don't hold out much hope to be honest.
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Posted: 2007-02-20 11:13:20
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Miss UK Posts: > 500

Topscooby, just refund the cash back jeez!
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Posted: 2007-02-20 16:27:25
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luigithfc Posts: > 500

i think you desreve to block YOUR w950i as he has given you a blocked and expensive phone. Then he will be in the same situation as you are in now but with peterkay wanting a refund... I think it's fair...

or you could agree the value of the phone and you should sell it and topscooby should pay you the difference. Or something like that...
but if he is ignoring you then you should do something about it.


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Posted: 2007-02-20 17:07:30
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leeboy13 Posts: > 500

personally, id refund the money to Mike P...... thing is Topscooby theres more than enough willing people on here who would have (im sure) helped you gte your original problem....

or worst case scenario id try and meet somewhere in the middle eg: sell the blocked phone and both of you split the costs, at least that way, one person alone aint getting ripped off... and although in my opinion neither party is to blame, id also say neither party is right... therefor come to a mutual agreement and keep esato a safe place to trade

a sort of simular situation happened between myself and LukeBonathan in which an item i sent him broke after minimal use...... we sorted all this out ourselves and probably both ended up slightly out of pocket but at least one of us didnt feel cheated... (well i hiope you didnt luke )

all the best Mike P and Topscooby
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Posted: 2007-02-20 17:11:02
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PeterKay Posts: > 500

Quote:
On 2007-02-20 17:07:30, luigithfc wrote:
i think you desreve to block YOUR w950i as he has given you a blocked and expensive phone.



This would then screw me up!

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Posted: 2007-02-20 17:13:02
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leeboy13 Posts: > 500

exactly peter Kay..........

what ever happens dont lower yourself Mike P.....

what goes around comes around.....
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Posted: 2007-02-20 17:15:12
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PeterKay Posts: > 500

Quote:
On 2007-02-20 17:15:12, leeboy13 wrote:

what goes around comes around.....



Absolutley true.

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Posted: 2007-02-20 17:42:03
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goldenface Posts: > 500

Quote:
On 2007-02-20 17:07:30, luigithfc wrote:
i think you desreve to block YOUR w950i as he has given you a blocked and expensive phone. Then he will be in the same situation as you are in now but with peterkay wanting a refund... I think it's fair...

or you could agree the value of the phone and you should sell it and topscooby should pay you the difference. Or something like that...
but if he is ignoring you then you should do something about it.



How will leaving two people with blocked phones resolve anything. Plus, Mike has already said he won't.
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Posted: 2007-02-20 17:54:52
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tsj Posts: 143

Instead of having a complete loss.. why not sell the phone as spares/repairs? You've clearly paid for the phone and you are now the owner i guess?
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Posted: 2007-02-20 20:04:33
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