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Got Screwed - iPhone 5 now blocked (reported lost/stolen a month after purchase)

  • 13-12-2012 11:52pm
    #1
    Registered Users Posts: 17


    Hi Guys

    I've ended up with a very expensive paperweight.

    My fault, I know, but looking for some advice, here's the story.

    One month ago, I Wanted an iPhone 5, found an advert online on Gumtree.
    Was for 600, good enough deal.

    Travelled to Navan from Dublin and went to this guys house, seemed like a nice area, nice house etc.

    I heard about people flogging phones online before that were stolen, so as the guy had the receipt I thought it would be OK / reputable.

    Now, over a month later (bought on 07th Nov, receipt has 1st November from shop). It showed as "No Service" so after the usual turn off and on, reset settings, restore I called Three and was told that it was reported lost / stolen (Nearly 1.5 months after original purchase).

    Also - It was still in its box and still in its clear wrapping, totally unopened, and the correct matching IMEI on the receipt.

    So, thankfully I backed up the old iPhone before using the new one, so still had the texts (and probably phone call records) between us, with his address etc.

    I called the guy and he pretty much said tough luck, he bought it off someone else.

    Does anyone have any advice or help or been in similar situations. I know I'm stupid for falling for it, but as it was all in wrapping and had the proper receipt I thought it was legit - what else could I have done?

    Do I have any kind of way out or of getting it unlocked if I go in to three store and show them the reciept / explain it.

    Surely, they'll understand if I've been using it for 1.5 months since it was set up and now reported stolen? Anything the gaurds could do?

    I feel really fuc*ing stupid, upset, angry so any advice really appreciated.


«134

Comments

  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    g1tm wrote: »
    Hi Guys

    I've ended up with a very expensive paperweight.

    My fault, I know, but looking for some advice, here's the story.

    One month ago, I Wanted an iPhone 5, found an advert online on Gumtree.
    Was for 600, good enough deal.

    Travelled to Navan from Dublin and went to this guys house, seemed like a nice area, nice house etc.

    I heard about people flogging phones online before that were stolen, so as the guy had the receipt I thought it would be OK / reputable.

    Now, over a month later (bought on 07th Nov, receipt has 1st November from shop). It showed as "No Service" so after the usual turn off and on, reset settings, restore I called Three and was told that it was reported lost / stolen (Nearly 1.5 months after original purchase).

    Also - It was still in its box and still in its clear wrapping, totally unopened, and the correct matching IMEI on the receipt.

    So, thankfully I backed up the old iPhone before using the new one, so still had the texts (and probably phone call records) between us, with his address etc.

    I called the guy and he pretty much said tough luck, he bought it off someone else.

    Does anyone have any advice or help or been in similar situations. I know I'm stupid for falling for it, but as it was all in wrapping and had the proper receipt I thought it was legit - what else could I have done?

    Do I have any kind of way out or of getting it unlocked if I go in to three store and show them the reciept / explain it.

    Surely, they'll understand if I've been using it for 1.5 months since it was set up and now reported stolen? Anything the gaurds could do?

    I feel really fuc*ing stupid, upset, angry so any advice really appreciated.

    Sorry to hear about this, don't be to hard on your self. I think the fella is committing fraud. If he had all details he must have bought it, sold it to you then report as stolen insurance company pays out he's up €600 and a new iphone 5. Can Three find out if he reported it lost/stolen?


  • Registered Users Posts: 17 g1tm


    Cheers for the reply. I've been using Adverts for years and Gumtree for years, always careful and use my head, never been scammed before.

    Yea, Three just put me on hold for 5 mins then said the phone was reported lost or stolen.


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    g1tm wrote: »
    Cheers for the reply. I've been using Adverts for years and Gumtree for years, always careful and use my head, never been scammed before.

    Yea, Three just put me on hold for 5 mins then said the phone was reported lost or stolen.

    Can they not tell you who reported it?


  • Registered Users Posts: 17 g1tm


    No, very unhelpful to be honest.

    I explained that I had the receipt etc and that I've had it over a month, used on their network and asked if it seemed fishy to them, but they just said
    "You need to contact the person you bought it off"
    I asked, "What then?"

    "Tell him to cancel the reported lost/stolen".

    :/


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    g1tm wrote: »
    No, very unhelpful to be honest.

    I explained that I had the receipt etc and that I've had it over a month, used on their network and asked if it seemed fishy to them, but they just said
    "You need to contact the person you bought it off"
    I asked, "What then?"

    "Tell him to cancel the reported lost/stolen".

    :/

    Highly likely mobile insurance fraud, he would be the only one able to get the barred mobile lifted


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  • Posts: 0 [Deleted User]


    I think this is why I could never buy a second hand phone. It just happens too much.


  • Registered Users, Registered Users 2 Posts: 1,196 ✭✭✭flyguy


    Like someone said, sounds like insurance scam. Sell the phone then claim it lost/stolen. It's gonna be hard to find out but the insurance company would be happy to hear from you if you can find out which one...
    Depends as well what was in the claim, but it's unlikely whoever claimed said it was stolen with box and receipt...
    Put all the info in a mail to three and ask them to forward it to the fraud department of the insurance company that requested the block, fingers crossed after that...


  • Registered Users Posts: 612 ✭✭✭Qwerty Dub


    Tell the lad who told you 'tough luck' that you are going to the Guards and that if it were him that reported it stolen he better cancel the report asap or he may find himself in bother.

    Hopefully you will get a helpful Guard who even if he cant tell you the name of the person will chase it up himself after you prove the transaction and give the address where you bought it. If an insurance claim was made against the phone then there should be a stolen report on the Garda system for the Guard to match the address against.

    Seems like he made a gain or caused a loss by deception by inducing you to carry out an act i.e purchase the phone from him. Thats an offence under Sec. 6 of the Theft and Fraud Offences Act.

    He also made a false report to Gardai. Tut tut.

    Don't let it go. I'd chase it to the very last.


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    3Cover provided by Pier Insurance, ring this crowd good place to start and explain them your story see if they can do anything for you hers is the link

    http://pierinsurance.com/3/contact_us.php


  • Registered Users Posts: 17 g1tm


    Thanks everyone, really appreciate the responses.

    I have already PM'd the "Three Rep" here on boards to try and take it from there as the customer service rep wasn't very helpful.

    I'm going to stay away from contacting the guy I bought it off for now.

    Next steps - See what Three's advice will be, then the insurance company, then the Gaurds.

    2 more questions...


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  • Registered Users Posts: 612 ✭✭✭Qwerty Dub


    g1tm wrote: »
    Thanks everyone, really appreciate the responses.

    I have already PM'd the "Three Rep" here on boards to try and take it from there as the customer service rep wasn't very helpful.

    I'm going to stay away from contacting the guy I bought it off for now.

    Next steps - See what Three's advice will be, then the insurance company, then the Gaurds.

    2 more questions...

    As annoying as it is I wouldn't worry about it. I'd say you will get it sorted in the end but its hassle you shouldn't have to go through.

    The Three Reps on here are fairly helpful to be fair so I am sure they will do whatever they can for you.

    But I certainly wouldnt let it go. Keep us posted.


  • Registered Users Posts: 17 g1tm


    Qwerty Dub wrote: »
    As annoying as it is I wouldn't worry about it. I'd say you will get it sorted in the end but its hassle you shouldn't have to go through.

    The Three Reps on here are fairly helpful to be fair so I am sure they will do whatever they can for you.

    But I certainly wouldnt let it go. Keep us posted.


    Thanks Qwerty, I was expecting a backlash of "That's what you get" type comments, so really helpful comments so far.

    I've dealt with Three reps on here before and always got top notch service and help off them
    (I'm a boards regular, but created new account for this thread) lol, was a bit embarrassed so...

    I know I'm not going to get my money back, but do you think if it is all proved to be a scam etc etc will they unlock the phone again or anything like that or am I 100% left with an expensive paperweight.

    Secondly, can it be proved that I've used the phone on the network from when I bought it eg, is the IMEI recorded / tracker or something like that, just to prove that I've been using it for a good while now? - Might help me along the way if this is the case.

    Worth noting, I've been a three customer for years, mostly bill pay, a lot of pre-pay before that and a few years broadband before now too.....so hopefully they might really help me.


  • Registered Users Posts: 17 g1tm


    Also, 100% not going to let this go, going to fight it to the end, work fooking hard enough for the things I have so not going to let them get away with it.


  • Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭CantGetNoSleep


    If they won't unblock it, it could be sold to used abroad as normally that block is only for irish networks (although I imagine this is illegal).

    If it was me, I would try to get something back and when I couldn't, I would really make this guys life hell. Calling him at 6am, whatever you think of.


  • Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭CantGetNoSleep


    Btw by law I think this phone now belongs to the insurance company? I am sure they would prefer to hear about the fraud though


  • Registered Users Posts: 17 g1tm


    Yea, that would make sense, but only if it was a valid claim that they paid out for.

    AFAIK someone needs to report it within 24 hours, then usually wait 30 days incase it is found, then they pay out. It wouldn't be the property of the insurance company until they pay out.


  • Registered Users Posts: 612 ✭✭✭Qwerty Dub


    g1tm wrote: »
    Thanks Qwerty, I was expecting a backlash of "That's what you get" type comments, so really helpful comments so far.

    I've dealt with Three reps on here before and always got top notch service and help off them
    (I'm a boards regular, but created new account for this thread) lol, was a bit embarrassed so...

    I know I'm not going to get my money back, but do you think if it is all proved to be a scam etc etc will they unlock the phone again or anything like that or am I 100% left with an expensive paperweight.

    Secondly, can it be proved that I've used the phone on the network from when I bought it eg, is the IMEI recorded / tracker or something like that, just to prove that I've been using it for a good while now? - Might help me along the way if this is the case.

    Worth noting, I've been a three customer for years, mostly bill pay, a lot of pre-pay before that and a few years broadband before now too.....so hopefully they might really help me.

    I'm not sure if Three will know that you have been using that particular handset or not. I doubt it but with all the other evidence you have i.e the box, the receipt, communiction with seller etc it should be easy enough to prove that you were using it & are genuine

    Sure wouldn't you have texts etc on it since you started using it which will show the date/time received so that shows how long you were using the phone before it was blacklisted.

    Plus, I wouldn't say there are too many people stealing phones and rolling the dice with 3 & asking them to remove from their blacklist.

    Try deal with 3 initially. After that I would go to the Guards about it & insist they do something.

    A question for someone else in the know, does jailbreaking allow you to use a blacklisted phone?

    Are there any other options if the official channels don't work?

    In fairness I think your not getting the 'what were you thinking' messages because:
    - you went to his house
    - the phone was still sealed
    - you got a receipt
    - the IMEI on receipt matches the IMEI on phone

    What more could you have done when buying second hand. They are the things you look for when buying. Seemed all good.

    Fingers crossed you get sorted anyway.


  • Registered Users Posts: 17 g1tm


    Awesome.

    I'll definitely keep you all posted anyway.


  • Registered Users Posts: 612 ✭✭✭Qwerty Dub


    g1tm wrote: »
    Awesome.

    I'll definitely keep you all posted anyway.

    I know you will probably be happy just to get the phone sorted but I think given the 'tough luck' attitude of the seller I would be inclined to put him back in his box by going to the Guards.


  • Registered Users Posts: 17 g1tm


    Qwerty Dub wrote: »

    I know you will probably be happy just to get the phone sorted but I think given the 'tough luck' attitude of the seller I would be inclined to put him back in his box by going to the Guards.
    Definitely, I'm going to go all out on the guy, now that I google his number he has 100's of ads online all for "cash for cars" an that kind of stuff....so he surely won't want the guards knocking on his door.


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  • Registered Users Posts: 612 ✭✭✭Qwerty Dub


    g1tm wrote: »
    Definitely, I'm going to go all out on the guy, now that I google his number he has 100's of ads online all for "cash for cars" an that kind of stuff....so he surely won't want the guards knocking on his door.

    Probably no harm posting his number up for all to see if hes a cowboy. And I'd let Adverts & Gumtree etc know about his antics too.


  • Registered Users Posts: 17 g1tm


    Qwerty Dub wrote: »

    Probably no harm posting his number up for all to see if hes a cowboy. And I'd let Adverts & Gumtree etc know about his antics too.
    Yea, will consider it. Will see what three say first then take it from there


  • Registered Users, Registered Users 2 Posts: 953 ✭✭✭hearny


    If he has hundreds of ads selling cars etc. post questions on the sites if they accept posts asking why he reported reported a product he sod to you as stolen.

    Potentially losing car sales may get his attention as I'm sure they are all worth more than the phone.


  • Registered Users, Registered Users 2 Posts: 4,706 ✭✭✭120_Minutes


    This is why, when buying a second hand phone and you confirm it works, once the deal is done call your network and get the IMEI added to your account.
    If you're using the phone on the same network as the previous owner (ie its locked) if the previous owner tried to block it, then it should appear on their system showing that its associated with a different account (yours) which should stop the previous owner in his tracks.

    If the phone is unlocked and you're not on the same network as the previous owner and he goes ahead and blocks it, then it may not work on that network, but you wont know this until you try a sim from that network (not 100% sure on this)

    getting the IMEI of any second hand phone you own associated with your account is a simple thing, that can prevent something like this from happening, but a lot of people never think to do it.

    on the flipside, if you find a phone before the the person who lost it gets it blocked and you get the IMEI associated with your account, it could prevent the proper owner from blocking it.... but thats not to be condoned.

    so the golden rule is: lose a phone, block it asap. buy a phone, IMEI it asap.


  • Registered Users, Registered Users 2 Posts: 10,070 ✭✭✭✭dodzy


    Qwerty Dub wrote: »
    A question for someone else in the know, does jailbreaking allow you to use a blacklisted phone?
    No, once it's blacklisted, it's dead on ALL Irish networks. Only option is to get the barring network to lift it, or sell it to use abroad.

    OP, all good advice given to you so far. don't let it go. If you used the phone, texts or calls, then 3 WILL have a record of those and they will show association with your new handset and your account, so the records are here. You have the receipt, box, previous owners address ( I'm guessing it was the tool you bought it off ).

    Run with it. Wait to see what the rep on boards comes back with. If no joy, take it to the next level. Persevere, that's the message. And keep us updated. You did not need to create a new account for this IMO. You done what most here would have done.

    I posted this way back in relation to taking ownership of a new handset, and it is good advice:

    1. At time of purchase, call the network assocociated with the handset
    2. Give them the registered users name address and number (if available)
    3. Ideally, if he/she is with you, then put them onto the service agent
    4. Tell them that you a taking ownership of the handset from that point
    5. Get him/her to update their system accordingly
    5. NB: Take agents name

    Go through with above steps even after the event. Obviously, they will not be able to verify this with the original owner, but they will / should record this.


  • Registered Users, Registered Users 2 Posts: 5,561 ✭✭✭quad_red


    I think you need to leverage the fact that you're going to make sure he is done for insurance fraud if he doesn't give you back your money.


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    This is why, when buying a second hand phone and you confirm it works, once the deal is done call your network and get the IMEI added to your account.
    If you're using the phone on the same network as the previous owner (ie its locked) if the previous owner tried to block it, then it should appear on their system showing that its associated with a different account (yours) which should stop the previous owner in his tracks.

    If the phone is unlocked and you're not on the same network as the previous owner and he goes ahead and blocks it, then it may not work on that network, but you wont know this until you try a sim from that network (not 100% sure on this)

    getting the IMEI of any second hand phone you own associated with your account is a simple thing, that can prevent something like this from happening, but a lot of people never think to do it.

    on the flipside, if you find a phone before the the person who lost it gets it blocked and you get the IMEI associated with your account, it could prevent the proper owner from blocking it.... but thats not to be condoned.

    so the golden rule is: lose a phone, block it asap. buy a phone, IMEI it asap.

    Id say the imei is blacklisted wont wort on any network the only option is to sell it abroad. I know you can change the imei number but this is illegal. Im sure the insurance company would love to hear about this.


  • Registered Users, Registered Users 2 Posts: 2,190 ✭✭✭Dublinstiofán


    This is why, when buying a second hand phone and you confirm it works, once the deal is done call your network and get the IMEI added to your account.

    Personally from experience, this move is not possible. I remember ringing three at one
    stage and was pretty much laughed off the phone. I was told that the person who buys
    the phone has all the power and if they choose to blacklist it they can do it anytime
    during the duration of their contract. You may be able to tell the network that the
    iPhone is now being used by you but it will DEFINITELY NOT stop the original owner
    from blacklisting it as it was sold to them and until the (clearly backwards) system
    changes you have to be very careful who you buy from.

    As you were extremely careful i feel sorry for you, as you did all you could to avoid
    being scammed. Unfortunately you may have been subjected to a different type of
    scam than an insurance scam.

    This scam works by a person entering a store purchasing a billpay phone with
    false credentials and selling the phone immediately for market value. When the
    first bill isnt paid the network blacklist the device for nonpayment and it cant be
    used again, period. In this case insurance claims are not involved and there is
    usually no trace of the seller at this point.

    If i were you id call the guards, if nothing else they will be able to figure out
    who blacklisted the device (original owner, insurance company, network
    for nonpayment ) and you will have a place to start.


  • Registered Users, Registered Users 2 Posts: 2,540 ✭✭✭freeze4real


    Can you prove that it was bought at the seller house, and that the seller actually sold it to you. you said that he showed you the receipt if yiu still have it thats good.

    My advise is to use a solicitor, and bring the case to court ( i'm not sure if a small claims court is applicable) if it;s thats great as its cheap.

    If the seller wants the phone tell him that he must pay 100e extra, what he's done is clearly insurance fraud.

    TBH I want him to go to jail, to serve as a lesson for all other thieves out there.

    I've sold lots of iphones of adverts and I've never done something like this.

    Soething like this did happen to me, I reported the guards but they didnt do ****.


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  • Moderators, Society & Culture Moderators Posts: 25,558 Mod ✭✭✭✭Dades


    quad_red wrote: »
    I think you need to leverage the fact that you're going to make sure he is done for insurance fraud if he doesn't give you back your money.
    He'll never get the money back but he has a good chance of getting the phone off the blacklist if the insurance company suspect that they can avoid paying out a claim to a scammer, and back up the OP.


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