Can a Retailler Do This?

jkdunne

Ok so the story goes....

I bought a phone off of adverts off a guy who had also bought it second hand. I sold the phone on eBay. The seller was using the phone for a day and the internet wasn't working. They brought it into a 3 Store to get them to have a look.

They looked up the IMEI of the phone and found that it had been barred. They confiscated the phone from the person and told them they had to keep it.

Can the shop do this?

What is my liability here? I've got no proof etc. that the phone was taken etc. The buyer hasn't asked for a refund etc. but where would the liability lie?

Misticles

jkdunne wrote: »

Ok so the story goes....

I bought a phone off of adverts off a guy who had also bought it second hand. I sold the phone on eBay. The seller was using the phone for a day and the internet wasn't working. They brought it into a 3 Store to get them to have a look.

They looked up the IMEI of the phone and found that it had been barred. They confiscated the phone from the person and told them they had to keep it.

Can the shop do this?

What is my liability here? I've got no proof etc. that the phone was taken etc. The buyer hasn't asked for a refund etc. but where would the liability lie?

If the phone is barred, I guess that means it was reported lost or stolen by the owner. I would say the shop has the authority to do so.

If you lost a phone or it was stolen, and someone found it and tried to use it, would you like if the shop let them walk away with it? i wouldnt

I'm surprised he hasnt looked for a refund. You sold it without knowing so its hardly your fault. Not sure abouut consumer rights for 2nd hand things.

Paulw

jkdunne wrote: »

They looked up the IMEI of the phone and found that it had been barred. They confiscated the phone from the person and told them they had to keep it.

Can the shop do this?

What is my liability here? I've got no proof etc. that the phone was taken etc. The buyer hasn't asked for a refund etc. but where would the liability lie?

Normally a blocked IMEI is due to the phone being stolen. The shop should have taken all the details and called the Gardai.

If that's the case, then you sold a stolen item.

discombobulate

...

jkdunne

Paulw wrote: »

Normally a blocked IMEI is due to the phone being stolen. The shop should have taken all the details and called the Gardai.

If that's the case, then you sold a stolen item.

Obviously unknowingly.

I bought it with the box etc. also so it is unlikely it was stolen. I'd say it was more likely that it was gotten on 3 (as they are giving iPhone 4's for free when you get a 12 month contract) then sold by the original seller. The original seller then didn't pay their bill and 3 barred it.

The buyer was not told that it was stolen but that it was blacklisted by the 3 shop. Should the 3 shop not have had to call the guards to confiscate the phone?

keithclancy

At that stage unless the phone is stolen its not your problem.

The person you sold the phone to would have to contact the Gardai in that case and they would perform an investigation.

As a private seller the onus is not on you to sort this out unless you knew this was the case before you sold the phone.

CJhaughey

Thats theft by the shop staff in my opinion.
If the shop suspected that the phone was stolen then they should have contacted the gardai and raised the issue with them.
The staff can't just take someones phone with no explanation, they might just sell it for cash themselves!

Agent_99

The phone may have been reported "lost" and the insurance replaced it, this would also cause the phone to be blacklisted. Hence the box and accessories!

maxer68

CJhaughey wrote: »

Thats theft by the shop staff in my opinion.
If the shop suspected that the phone was stolen then they should have contacted the gardai and raised the issue with them.
The staff can't just take someones phone with no explanation, they might just sell it for cash themselves!

No, the shop was taking back what was theirs and probably not paid for by the original purchaser.

Same if someone sold you a car and there was still money owed on it. The finance house could walk up to you and take it from you - your problem would be with the person that sold it to you.

CJhaughey

If the handset had been blacklisted it would be dead. No calls or Internet.
So something doesn't add up, why would calls be working but no internet?
There must be more to this, and I would definately ask the store for a receipt for the confiscated handset.
If they are legit then they would provide the person with some kind of documentation to say the handset had been taken back for whatever reason.

jkdunne

CJhaughey wrote: »

If the handset had been blacklisted it would be dead. No calls or Internet.
So something doesn't add up, why would calls be working but no internet?
There must be more to this, and I would definately ask the store for a receipt for the confiscated handset.
If they are legit then they would provide the person with some kind of documentation to say the handset had been taken back for whatever reason.

I met her to give her the phone and she seemed like a quiet kind of person so i'd say she just got scared and didn't know any better than questioning the shop. She had also left me feedback as well so I presume it was working. I'd had it for a month but not using it. Personally they'd have had to get the guards down to keep it on me and provide proof.

My problem is i've no come back to the person I bought it off without the phone. I've no proof she's telling the truth but do not doubt her.

Its quite a bit of money and I dont want to take a hit but dont want to see someone else lose out either