Lawyer time.

[ChristinaAnneM]

Just got this response - 

"Removed as per community guidelines:http://productioncommunity.publicmobile.ca/t5/Knowledge-Base/Welcome-To-Our-Community/ta-p/641

So this is PM's solution?? I guesse I have to see a lawyer since I have proof I bought the phone & why should I settle for a different phone? I bought my Moto G for a reason, if they want to send me another Moto G, fine, I'm NOT settling for anything less. 

[ChristinaAnneM]

So, The Canadian Wireless Telecommunications Association (CWTA) just informed me that any lost or stolen phone can in fact be taken off the list so, why is Public Mobile telling me that it cannot? If someone's phone is stolen or lost & the person gets it back, it can be removed from the list. Why is the person I'm dealing with from PM not telling me the truth? 

[ChristinaAnneM]

@Cyber - Thanks! I know to configure the APN! 🙂 

[Cyber]

@ChristinaAnneM,

I'm sure you will be hassle free until the warranty end.

Do not forget to configure your APN settings to access DATA (internet) and MMS once you receive your replacement phone.

[ChristinaAnneM]

@Cyber - SIM works in a Galaxy S3 so, hopefully after this, I won't have anymore problems. 

[Martin]

Merci! 🙂

[Cyber]

@ChristinaAnneM,

Ask a friend to come visit you, then ask him to try your SIM card in his phone. You will see if it's working or not. Do you reside near Montreal ?

@Martin,

D'accord. I must say that your expressions are very funny.

[Martin]

Cyber,

Fini. D'accord?

[MichelleCleroux]

Things have changed somewhat. One thing in particular.

Since June of last year, defendants in Small Claims may have a lawyer file for dismissal hearing instead of appear at the Settlement Conference. On any little thing, such as improper service for which the rules have tightened up drastically.

[ChristinaAnneM]

@Cyber - I hope I don't regret it, just still skeptical, I have been chatting with a couple of people from PM's facebook page, they had similar problems & once they received their Alcatel OneTouch Idol X, their SIM card still would not connect with Public Mobile's network & they have been without working phones since mid April..so, I will wait until I get the phone to see what happens. 

[Martin]

Cyber,

Go to gsmarena.com and read the comments. The stats might be impressive, but the comments are not positive.

As one American said a few years ago, "You can put lipstick on a pig, but it's still a pig".

[Cyber]

@Martin,

You have positive and negative comments for every phone. Same things apply to restaurants.

Moto G have also their lots of problems like the Lollipop update !

Take a look at the new Samsung Galaxy S6, you have lot of negative comments from newbies and jealous people.

[Cyber]

@ChristinaAnneM,

You won't regret the replacement offered. Plus, the additional credit, you are even more winner !

The National Stolen Device Blacklist is a farce. Blacklisted's phones can be sold and used outside Canada/USA.

[Martin]

Hi,

If you go to gsmarena.com the comments about the phone tend to be negative, unlike the positive ones for the Moto G.

As far as finding out why PM didn't know, I think you're flogging a dead horse, and causing yourself unnecessary stress. PM is a large company and thus bureaucratic at the management level. It's quite possible that the managers don't know, and regard the offer of a phone as less time-consuming than launching an investigation.

BTW, if you file suit in small claims court, name the president of PM as respondent (legal disclaimer as I am not a lawyer.) That will get his attention when the process server serves legal papers on him. Once again, good luck in protecting your rights.

Side note: I first used Small Claims when I was 22 and living in Montreal. I did not find the process or Court to be intimidating, especially because I knew I was in the right.

[MichelleCleroux]

Disabled persons are, according to the Ontario Disability Support Program Act, allowed representation by the Ontario Director's defense counsel. But, as far as I can tell, only for matters inherent to the Program, itself. In cases such as a legal guardian uses said money for a purpose not set out by the Act, or a landlord or roommate has misappropriated shelter allowance.

In any event, be aware that "going to court" seldom turns out that way. It's a complex process, and the reason(s) for a judgment may not be known to you now, or even clear at the time. Anger means little at this point.

[ChristinaAnneM]

@Cyber - 1st gen Moto G & I did accept their offer with an additional credit. I think the lost/stolen list should require proof of ownership before an IMEI is blacklisted & if you have definite proof of ownership, the phone should be taken off the list, but PM claims this cannot be done...

[Cyber]

@Martin, Refurbished mobile can be as good as a brand new mobile. They are not always used by a person.

@ChristinaAnneM, You confirmed that you own a Moto G 1st Gen. Take the Alcatel without questions !

[ChristinaAnneM]

@Martin - Thanks! They are fully aware that my phone is/was a Moto G 1st gen. I want to know why it cannot be taken off the lost/stolen list if I have definite proof that I paid for the phone. According to CWTA, it can but Public Mobile says it cannot. This whole past month+ they have been telling me the device was broken, SIM card tray was defective etc etc... 

[Martin]

To other responders:

The email does not state that the Alcatel would be brand-new. It could be refurbished. "When you buy used, you buy other people's problems."

[Cyber]

@ChristinaAnneM,

Do you own the 1st Gen (4.5inch) or the 2nd gen (5inch) of the Moto G ?

I compared both Moto G (1st gen and 2nd gen) are they are only 720p screen.

The Alcatel OneTouch Idol X have a better screen 1080p with more ppi (that mean a more defined resolution) and you also get a better camera that let you record in 1080p.

In rare case, you can have your IMEI cloned and then blacklisted. No need to give a proof of ownership to add a IMEI to the blacklist.

I know this is frustrating 😞

[DK]

Sometimes it's better just to accept it and move on as a mistake.

There have been rumours that as per the Telus/Koodo self serve you can blacklist any phone as long as you have the IMEI on Red Flag Deals but just rumours as I said.

Hope you get the resolution you are looking for but the one on the table looks pretty good too me.

[Martin]

Hello,

I agree with the OP. She bought a Moto G for a reason, and, in order to "be made whole" (legalese), she's entitled to the same make and model. Further, since she did nothing to bring this situation onto herself, the Moto G should be new.

As far as going to a lawyer, that is a losing proposition. The cost of seeing a lawyer, beyond the first 30 minutes which are free if you are in Ontario, will be much greater than the cost of a new Moto G. At $200 to $350 per hour, you would quickly realize that you're wasting your money, which you would have to pay in advance as a retainer.

I strongly suggest that you respond to the email by calmly explaining that your phone was a Moto G, and it is a new Moto G that you want. It's quite possible because of miscommunication that the person believes that it was an Alcatel that was blacklisted.

If your counter-offer is rejected, I recommend, while I am not a lawyer (legal disclaimer), that you inform the writer that you will sue in small claims court with the costs of filing fees, and serving the claim and summons added to the amount being sought.

Good luck! Your rights are being challenged, and it's time to protect them in a court of law.

[DK]

@Cyber I am betting it's a first Gen considering the second Gen never was introduced till Sept/14!

[ChristinaAnneM]

@Cyber- just looked up the phone & yes its better. I am trying very hard not to be angry, but how does a phone flagged as stolen work for 11 months? Why did it take over a month for Public Mobile to see its on the list? CWTA does not understand either how the phone was able to work if another IMEI was on file in my account. I have so much proof I bought the Moto G, just really don't get any of this. 

[DK]

Sorry, @ChristinaAnneM I am with @Cyber on this one as you are getting a better phone with warranty running the same android system. In my opinion PM is being genuine in there offer of a new, better phone with warranty.


As for lawyers they typically are not lined up waiting for these types of cases to come across there desk.

Cheers

[Cyber]

@ChristinaAnneM,

Alcatel Idol X is better than your Moto G plus you get warranty until next year for free !

Alcatel Idol X is a 5inch IPS LCD 1080p (441 ppi pixel density) with 2GB of RAM.

Moto G is only a 4.5inch IPS LCD 720p (326 ppi pixel density) and 1GB of RAM

Do you own the 2nd gen of Moto G or the first one ?

[ChristinaAnneM]

@Cyber - I'm on disability so, don't have to pay for a lawyer. I bought & paid for a Moto G, that is the phone I want. Why should I settle for something other than what I purchased? I have also been in contact with those who run the CWTA site, it can be taken off the list, Public Mobile should have known it was on this list from the beginning. I've had my Moto G since June 2014, how could it have even worked for about 11 months if it was flagged? 

[DK]

While I sympathize with your frustration regarding the dilemma why don't you wait until your complaint comes back from CCTS and go from there.

They are offering you a new phone albeit not a Moto. Be persistent and explain your reasoning in a non threatening tone and see what they come back with or wait till your formal complaint comes in.

As for a lawyer I think you will quickly come to the realization that they typically are not that cheap to use.

[Cyber]

@ChristinaAnneM,

They are ready to send you a free REPLACEMENT, what do you want more ?

Alcatel OneTouch Idol X is a great mobile.

You will loose your time and money to hire a lawyer...