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Purchased Phone....Wrongly Described

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I bought a mobile phone from someone online last week, received it today.

The phone was advertised as being used by the seller for the last 4-5 months as he received it as an upgrade. He also said he couldn't accept payments by Paypal.

Imagine my surprise when I received the phone today and inside the box was his paypal receipt for a payment he made to a person he bought the phone from in July on Ebay! Aside from that the phone seems to be very buggy and freezes a lot, something that was not mentioned in the ad. It actually took me 3 hours tonight to get it to work.

Doing some research into the auction number etc it seems he also had the same phone lsited on ebay and actually sold it although the sale didn't go through in the end.

Do I have any rights for a refund in this case? I am guessing that as it was a sale from a classifieds section on a forum the answer is no and it's my tough luck but thought I would ask the question!

Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Which site and how did you pay?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • pcombo
    pcombo Posts: 3,429 Forumite
    Posted in another thread. Try upgrading the firmware sometimes this helps.
  • Beancounter
    Beancounter Posts: 1,076 Forumite
    Firmware was up to date. I did eventually do a factory reset which at least allowed me to be able to use the phone. After an evening of quite intensive use it does seem very prone to freezing though.
  • Beancounter
    Beancounter Posts: 1,076 Forumite
    Which site and how did you pay?


    I will keep the site to myself for the time being but I paid by bank transfer.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I will keep the site to myself for the time being but I paid by bank transfer.

    Unless it was a site like ebay or amazon (although unlikely as you said it was a ad on a forum site), the only thing i can really think of is asking the seller for a refund and if they refuse, send a LBA recorded delivery (if you know their address).

    Someone else may have a better idea though
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am guessing that as it was a sale from a classifieds section on a forum the answer is no and it's my tough luck but thought I would ask the question!
    Which site and how did you pay?
    I'm guessing too... Avforums? ;)
  • Beancounter
    Beancounter Posts: 1,076 Forumite
    KeithP wrote: »
    I'm guessing too... Avforums? ;)


    Nope, I have used AVForums many, many times with nothing but good experiences.

    Hotukdeals it was actually.
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