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Selling a contract phone on ebay

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  • Steve_xx
    Steve_xx Posts: 6,979 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    So essentially, as I understand it, if I didn't pay the bill then the SIM and the phone would/could potentially be cancelled.

    I fully intend, of course, to pay my bill so there won't be any problems on that front. :-)

    Even if I didn't pay the bill would the person buying the phone off me have any comeback on me? Without meaning to sound selfish, surely it is a case of buyer beware.

    What would happen if the person I sold the phone to didn't pay their bill on their contract or reported the phone stolen? Would my SIM be cancelled, as this is connected to the IMEI of the phone of the non-payer or can I inform the mobile company (02 in this case) that I am no longer using that phone but another one instead?

    Para 1 - Yes

    Para 2 - The buyer would have a comeback on you if you sold something that was not yours to sell.

    Para 3 - Your SIM would not be cancelled. It would have nothing to do with you at all. The person you sold it to would be connecting to their chosen network on a SIM only basis.
  • Steve_xx
    Steve_xx Posts: 6,979 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    iceburn wrote:
    Steve that confusing the situation that is part of the comission the dealer get for connecting you to that particular tariff but is seperate. Hence why some ppl get into problems when the company goes bust and can't goto the network and say "give me the £200 cashback". That contract is with the dealer and yourself. Now what DJswift is saying I think he is trying to KISS (keep it simple and sweet.) But maybe a way to loo at it is the phone is a "GIFT". so from day one the phone is yours but on the contract they have in it that say if you cancel within 12 months you have to pay x amount.

    Yes, I agree that if the dealer goes west, then you lose your entitlement to the cashback from that dealer, and you must continue to pay the network service provider the monthly amounts you originally committed to.

    I know that the phone is regarded as a freebie, but it is conditional on you paying for a set amount of months. I also know that if you do cancel early then you are liable to pay for all the months upto the end of the minimum contract period. However, if you choose to do this, and you elect to pay the outstanding amounts, then you do get to keep the handset. If you fail to pay then you would become liable for all of those months outstanding, but you probably wouldn't be required to return the handset.
  • DjSwift wrote:
    The phone is yours, but if you fail to keep your payments up, the phone WILL 110% get barred!. Its not a difficult concept to understand. Your misleading people by stating what you said mate.

    I'm not misleading anyone, well not deliberately! I am just stating what I have read on this subject in the past. If that information is incorrect then I apologise. However I asked O2 this same question as I didn't want the phone they offered (D500) and asked could I sell it and buy the one I wanted sim free (SPV C500) and they said yes no problem. The only "problem" was the warranty wasn't transferable but that was to be expected anyway.
    DjSwift wrote:
    As stated by yourself, It stil won't prevent the person who sold the phone on eBAY from reporting it lost/stolen a couple months down the line even after good feedback has been exchanged.. It could happen, and i bet it happens all the time. eBAY im sad to say is one dodgy place :(.

    That can happen whether the person's contract is up or not, or wherever you buy it second hand. If buying from ebay there are a few things that can help reduce the risk. If the seller has good feedback over a period of time on a wide range of goods (ie not 100 x £1 items then a £300 phone) then I think you can be reasonably sure they are a legitimate seller. You can pull their contact details after the auction to confirm ID. I think someone with good feedback and verifiable contact details are unlikely to be scammers but on the off chance they are you do have some comeback should they report the phone stolen. If the feedback is new with lots of low cost items then steer clear. If their contact details don't check out steer clear. If they suggest an unusual payment option steer clear.

    I've bought loads of items including phones from ebay without problem and have never needed to give negative feedback, or received it. It's one of the first places I look when buying stuff.

    :beer:
  • Woby_Tide
    Woby_Tide Posts: 5,344 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    DjSwift wrote:
    Not true.
    The phone is on a contract, hence the network has every right to bar or restrict.
    We pay line rental which pays for the phone. In the case of redemption, the network relies on interest accumulated or they just hope you forget to send bills in.

    http://www.orange.co.uk/terms.html#2
    14. Devices14.1your Device is not a part of your Contract
    Your Device and Accessories are acquired by you outside the terms of your Contract.
  • EdCov
    EdCov Posts: 254 Forumite
    Woby_Tide wrote:
    http://www.orange.co.uk/terms.html#2
    14. Devices14.1your Device is not a part of your Contract
    Your Device and Accessories are acquired by you outside the terms of your Contract.

    Thanks, it is useful to look at the facts of the terms and conditions which do matter, rather than what people may think would matter.

    A few notes.

    You can have a legal contract without the exchange of money.

    What matters is in the terms and conditions, and the law. Otherwise if a phone company blocks your phone you could take legal action against them.

    If someone reports a phone lost or stolen that they have sold on Ebay. The person who bought it on Ebay would be able to prove that they had bought it from you. They could find out why it had been barred and call the police you could end up in jail for fraud. You can get a lot of time for fraud.

    If you report it stolen you could get wasting police time as well.

    There are always risks on Ebay, and therefore it is helpful to use paypal for large items as it provides both sides with some protection.
  • DjSwift
    DjSwift Posts: 32 Forumite
    GeoThermal wrote:
    I'm not misleading anyone, well not deliberately! I am just stating what I have read on this subject in the past. If that information is incorrect then I apologise. However I asked O2 this same question as I didn't want the phone they offered (D500) and asked could I sell it and buy the one I wanted sim free (SPV C500) and they said yes no problem. The only "problem" was the warranty wasn't transferable but that was to be expected anyway.



    That can happen whether the person's contract is up or not, or wherever you buy it second hand. If buying from ebay there are a few things that can help reduce the risk. If the seller has good feedback over a period of time on a wide range of goods (ie not 100 x £1 items then a £300 phone) then I think you can be reasonably sure they are a legitimate seller. You can pull their contact details after the auction to confirm ID. I think someone with good feedback and verifiable contact details are unlikely to be scammers but on the off chance they are you do have some comeback should they report the phone stolen. If the feedback is new with lots of low cost items then steer clear. If their contact details don't check out steer clear. If they suggest an unusual payment option steer clear.

    I've bought loads of items including phones from ebay without problem and have never needed to give negative feedback, or received it. It's one of the first places I look when buying stuff.

    :beer:

    I agree with you mate :) eBAY can be predictable if you check out feedback, time actually on eBAY and also. Not everyone is bad on eBay although it can be dodgy. Ive known lots of people to buy phones, and then it happens to get barred unfortunately.
    Woby_Tide wrote:
    http://www.orange.co.uk/terms.html#2
    14. Devices14.1your Device is not a part of your Contract
    Your Device and Accessories are acquired by you outside the terms of your Contract.
    Still wont prevent them blacklisting it though. If not everyone wouldrun insurance scams and sell on phones!!..

    Kind regards

    DJ
    The Mobile Phone Specialist ;-)
  • Woby_Tide
    Woby_Tide Posts: 5,344 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OK then theoretical scenario. I take out a contract with a bulky expensive phone say P910i, I'm going out for the night and decide the P910 is too big so drop back and use an old T610 or somesuch that I have lying around and put myc ontract SIM in it instead. I accidentally lose the T610 with my contract SIM whilst out and about and report it to the network. The network then bar the SIM, are you now saying they'll blacklist the P910 that I have sat at home and can vouch for the whereabouts or the T610 that I have told them was lost and was the last associated IMEI with the contract SIM I have lost?

    If the SIM and phone are tied in why do Orange(as an example) need to know the IMEI when you report it stolen?

    Then call us on 07973 100 158 (lines open 24/7) with the police reference number, as well as the IMEI and SIM Card number. We'll need to ask you a few questions and then we'll take it from there.
  • Woby_Tide
    Woby_Tide Posts: 5,344 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    DjSwift wrote:
    Still wont prevent them blacklisting it though. If not everyone wouldrun insurance scams and sell on phones!!..

    No idea what you mean here either. If you claim on the insurance for a phone then it is blacklisted anyway so if yoiu sell it on it will still be blacklisted.(An eBay 'scam' anyway as blacklisted phones can be used abroad so people do sell them on either if they find them having previously thought it was lost or if they had fraudulently claimed)
  • payless
    payless Posts: 6,957 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    What would happen if the person I sold the phone to didn't pay their bill on their contract or reported the phone stolen? Would my SIM be cancelled, as this is connected to the IMEI of the phone of the non-payer or can I inform the mobile company (02 in this case) that I am no longer using that phone but another one instead?

    funnily enough, my wife and son had 2 new contracts , but swapped phones , when my son lost his phone, I called the airtime provider to put a stop on his sim, and they where about to automatically block the phone ( until I explained they had swapped)

    Called the airtime provider that supplied the phone ... they would only block it if I was also reporting the lost sim ( but it was the other sim that was lost!)

    Hopefully the insurance ( lloydsTSB) and/ or the police ( both good service and very understanding) blocked the phone
    Any posts on here are for information and discussion purposes only and shouldn't be seen as (financial) advice.
  • Steve_xx
    Steve_xx Posts: 6,979 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Woby_Tide wrote:
    OK then theoretical scenario. I take out a contract with a bulky expensive phone say P910i, I'm going out for the night and decide the P910 is too big so drop back and use an old T610 or somesuch that I have lying around and put myc ontract SIM in it instead. I accidentally lose the T610 with my contract SIM whilst out and about and report it to the network. The network then bar the SIM, are you now saying they'll blacklist the P910 that I have sat at home and can vouch for the whereabouts or the T610 that I have told them was lost and was the last associated IMEI with the contract SIM I have lost?

    If the SIM and phone are tied in why do Orange(as an example) need to know the IMEI when you report it stolen?

    Then call us on 07973 100 158 (lines open 24/7) with the police reference number, as well as the IMEI and SIM Card number. We'll need to ask you a few questions and then we'll take it from there.

    The IMEI & SIM are not tied.

    However, if you report a lost handset to Orange they will indeed ask for both SIM & IMEI. If you give them the IMEI for the T610 it would be unlikely for them to replace it within the insurance tems. Therefore, for insurance purposes, they are in fact tied for the duration of the contract. In this instance Orange would send you a replacement SIM, but not a handset, since you have indicated to them that it isn't lost. The T610's IMEI would be network barred.
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