Check with the Police - If phone is not reported stolen, then check the PPSR. If the phone is not listed there, then figure out which telco added the IMEI to the blacklist. And take that telco to the disputes tribunal, and claim for the cost of a new phone. As they have caused you a loss due to them blacklisting the phone. And take with you the details from the Police and PPSR proving that there is no claims against it.
If they claim that the phone was obtained by fraud, then you can reply back with why didn't they report it to the Police? And if due to a security interest - then why no PPSR entry?
Due to the case law from that Toyota Prius rental case. If you are in possession of something, As long as the item is not stolen, you are the rightful owner. You would definitely want to also dig up the actual judgement from that case to take to the tribunal as well. Along with the TCF info that Sbiddle linked to in his blog.
Spark and Voda don't block phones that get defaulted on, I assume the same for 2D. Only stolen phones.
they block phones that have been defaulted on under 'fraud'
Must have since changed after I last asked them(2014 ish). Interesting to see the 'late fees' have not charged despite these new measures to encourage asset recovery
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