Orange Won't Return My SD Card!!

[Guest shrubby]

Got an E200 replacement today and stupidly left my 256MB SD Card in my old phone that the TNT Courrier took away.

After numerous phone calls to Orange and TNT, both companies are saying that there is no way I can get my SD Card back :x

I know it was my own fault for leaving it in there in the first place, but it was an honest mistake.

Would you believe in this day an age they can't contact the driver so I can meet him and get my card back. They are saying that they can't slow him down for even a few seconds because if they don't make all their deliveries on time they will lose the contract with Orange. The funny thing was, he was 25 minutes early delivering my phone!

So now I lose all the info stored on that card, and have to go and buy a new one.

The real kick in the nuts is that some lucky sod is going to get my repaired E200, look in the SD slot and find a 256MB card in there.

Has anyone else left a card in their returned phone and managed to get it back?? It must have happened to someone else.

Tell me what you think, has this happened to you??

ps. The replacement I got still has the buzzing!!

[Guest spacecowboy6982]

Hmm, i think when you return you rphone they specify quite cleary you must take your sim and any SD/MMC card out. Chances are your not going to ge tit back. Shame really seeing as they could easily post it :!:

spacecowboy

[Guest shrubby]

Yep, not going to get it back now, some lucky sod has got a free sd card, while I have just paid out for another one. :!:

[Guest mike-oh]

chances are there'l be a post on here in a few weeks something along the lines of "WOW orange giving away free 256Mb SD cards!"

never mind,

keep nagging tho! You never know, it might turn up.

[Guest sponge]

It may say in their T&C that cards must be removed prior to returning the phone, but I think this is bordering on an 'unfair condition' (not sure on proper legal terminology), so I would have a word with the CAB or Trading Standards. Couldn't do any harm.

Just thought, surely the phones are logged, so when a technician looks at it they know from which customer it came. So when they find a SD card in it, they can record it and then return it :?:

[Guest amo]

Have u offered to pay orange to cover costs involved in postage and time

[Guest sponge]

Send them a couple of first class stamps and offer to reduce the bill you are sending them for the inconvenience of having a broken phone :lol:

[Guest shrubby]

Have u offered to pay orange to cover costs involved in postage and time

I have offered to send them a Self Stamped Addressed Envelope, but they just don't seem interested.

Normally when you phone Orange with a question, each person you speak to gives you a different answer, not in this case I am afraid, they have all said the same thing, No Way to get the card back :x

They make it sound like it is physically not possible, I think they just can't be bothered with the hassle.

Ah well have bought another one now, I'll make dam sure I take this out of the phone when this one goes back (still waiting to here from Orange on an existing fault, only 7 days late calling me back :roll: )

[Guest alanclose]

They make it sound like it is physically not possible

Maybe all the returned e200's are heading for a landfill somewhere :idea:

[Guest velocityboy]

dont believe theres anything in the t+c's about the sd card but there is a script thats read (or should be read!) by the operator at ocs saying to remove the sd card.

am quite new to this forum, should be getting an e200 in jan for £50, how much did the 256mb sd card cost? quite looking forward to putting vids and music on the phone and could do with a bit more storage.

cheers

[Guest philgriffiths]

Just a thought but if you dont get anywhere being nice you could point out to them that the SD card is your property and therefore for them to retain it would be committing theft. Mind you might not wanna piss of your service provider... waking up one day to find they have cut you off.

On another issue i currently have an original SPV but wil be getting an E200 monday after i called orange to tell them i wanted to terminate my contract, and they offered me the e200 completley free, no upgrade fee or anything... made my day that!

Phil

[Guest mcwarre]

Just a thought but if you dont get anywhere being nice you could point out to them that the SD card is your property and therefore for them to retain it would be committing theft.  

Phil

Theft means that they have taken it from you. Not that you have been a muppet and *legally* voluntarily sent it to them, free, gratis!

God, some people.

Look if you’re gonna come out with statements like 'for them to retain it would be committing theft' get your facts right!

[Guest philgriffiths]

The Law of England and Wales:

"a person or persons is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"

now i can see here that the card was not obtained dishonestly by orange but the law goes on to say:

"any assumption by a person of the rights of an owner amounts to an appropriation and this includes where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner."

so in other words once Orange have realised they have your property (the sd card) for them to continue to retain it, property which is not theirs is to deprive to owner of the property permanently, i.e. a theft!

here endeth the lesson.

granted orange have every right to charge you for the full costs of returning the card, but they cannot keep it simply becuase you forgot to take it out, since you have now informed them of your error they should be doing everything they can to get it back to you, for them not to do so would be commiting theft!

i dont appreciate people implying im just making wild accusations without reading the facts, i had read all the posts and as i understand the laws of England and Wales what they have done can still be termed as a theft, although to try to take them to court or anything would of course be a bit daft, all i was saying was that suggesting you feel they are stealing it from you might make them do a bit more for you to get it back. If anyone has a more solid education in criminal law than I and i am wrong i will happily apologise but i am perfectly entitled to ex[ress my opinions on matters as i understand them.

[Guest spacecowboy6982]

Sounds perfectly correct to me m8 - although only minor differences in Scotland. Any news on the situation "Shrubby" :?:

spacecowboy

[Guest mcwarre]

i dont appreciate people implying im just making wild accusations without reading the facts, i had read all the posts and as i understand the laws of England and Wales what they have done can still be termed as a theft

I wasn’t implying that you were making wild accusations. I would be extremely careful if I were Shrubby about accusing anyone of theft, especially so on a public forum. Orange could get very nasty as what he has said, in effect, could be construed as slander. After all what proof is there that the card was sent back? (Not doubting Shrubby’s honesty or his word but that counts for little as proof).

since you have now informed them of your error they should be doing everything they can to get it back to you, for them not to do so would be commiting theft!

Maybe I should ring Orange and say that the last phone I sent them back contained a 1GB SD Card and when they don’t return it accuse them of theft! :wink: :wink:

i am perfectly entitled to ex[ress my opinions on matters as i understand them.

Absolutely.

Although I empathize with Shrubby and would like to see him get the card returned I don’t think that O will go to those lengths or if they did, charge him an admin fee greater than the cost of a new card……. :) :D :lol: :) :(

[Guest mcwarre]

i dont appreciate people implying im just making wild accusations without reading the facts, i had read all the posts and as i understand the laws of England and Wales what they have done can still be termed as a theft

I wasn’t implying that you were making wild accusations. I would be extremely careful if I were you about accusing anyone of theft, especially so on a public forum. Orange could get very nasty as what you have said, in effect, could be construed as slander. After all what proof is there that the card was sent back? (Not doubting Shrubby’s honesty or his word but that counts for little as proof).

since you have now informed them of your error they should be doing everything they can to get it back to you, for them not to do so would be commiting theft!

Maybe I should ring Orange and say that the last phone I sent them back contained a 1GB SD Card and when they don’t return it accuse them of theft! :wink: :wink:

i am perfectly entitled to ex[ress my opinions on matters as i understand them.

Absolutely.

Although I empathize with Shrubby and would like to see him get the card returned I don’t think that O will go to those lengths or if they did, charge him an admin fee greater than the cost of a new card……. :) :D :lol: :) :(

[Guest philgriffiths]

i had already said that orange could rightfully demand all the costs of returning the card and your probably right that they probably could make it pretty expensive to get it returned.

As for your example of phoning orange and saying you had a 1 gig sd card in your phone and demanding its return isn't really anything like the situation here since you would be lying. and i assume Shrubby isnt. In this day of package tracking orange would in your case be able to prove the lack of the card, just as in Shrubbys case it could prove the card was there, unless people think orange dont keep a record of the contents of any packages they recieve.

I had also said that i was no lawyer, and if i had misunderstood what the 1968 theft act says then i will happily apologise for my misunderstanding.

but anyway its all a farely moot point as none of the discussion of the finer points of English law are going to get the SD card back and i think we all wanna avoid this thread degenerating into a pointless arguement. After all we are all grown ups here.