Been defrauded, need help/advice

Deejae81

Hi all, a bit of advice needed here if possible.

Last week my wife saw a phone for sale on the local sale pages on Facebook (Nokia N8). She contacted the seller and an arrangement was made that she would give the seller her phone (HTC Wildfire) and £80 cash.

We met in a neutral location, made the trade, both parties checked the phones were working correctly, we were all happy, and off we went... although just before we left the seller said he would probably regret it, as he loved the phone, just needed the cash.

Anyway, a couple of days later the couple were trying to sell the Wildfire on Facebook, as they couldn't get on with it.

Nothing much was said, then suddenly on Saturday we receive an irate phone call from the seller saying we had sold him a faulty phone and he wanted to swap back.

He claimed it was faulty, as it was "slow", and he couldn't get used to it, but he already knew he was making a downgrade anyway, so should have expected that surely, the fool, but I digress.

Anyway, he was threatening over the phone that he was going to steal the phone back etc, and was just very nasty, but we refused to swap back as we were happy with the deal, and knew there was nothing wrong with the Wildfire.

We then had to get the police involved as my wife started receiving texts from the sellers girlfriend saying that the bloke was going to find me and "break my chin" etc etc.

We still refused, and now they have reported the phone stolen, so we cannot use it, they have a working phone, and we are £80 out of pocket.

Was on the phone earlier talking to consumer rights, and they said I should contact the original service provider (Orange, my wife and I are with o2), and raise a fraud case.

The first call my wife made to Orange was beaten back saying they didn't care, and were only concerned about their own customers, and the next call I made I was told that they weren't going to help, and it was a lesson learned.

Finally got through to a really helpful chap today, and have been told that they can unblock the phone once a fraud case has been opened, but they cannot open said fraud case without certain information, which we have absolutely no access to (Account no. of seller, sim no., or postcode).

We know where the guys girlfriend lives, and he lives with her (illegally I might add, we believe, but that's as maybe), but Orange can find no record of anyone having an account at that postcode, so now we're stuck.

Any advice from anyone on our next step forward?

We have screen shots from facebook etc and the texts on the phone still to prove the transaction was made and such, and have been told by the police to go through a solicitor to contact the seller, what with the threats made, but we can't afford that, and know that the couple in question are probably entitled to legal aid.

Sorry if I've rambled, but needed to get as much info as possible accross.

Hope someone can help

Thanks to everyone who has patience to read this far.

DUTR

Did you get a reciept for the deal?

JournalGirl

Report the wildfire stolen and get it blocked.

Deejae81

Not got a receipt as such, but have email correspondence from before and after the deal.

Blocking the Wildfire I feel would just cause things to break down even further. That way we'd both have blocked phones but they'd still have our money. The only resolution then would be to trade back, which I'm loathe to do after all th threats.

Managed to speak to another helpful person from Orange today, they have managed to raise a fraud case against his account, so may be able to unblock it over next 48 hours.

macman

Deejae81 wrote: »

Not got a receipt as such, but have email correspondence from before and after the deal.

Blocking the Wildfire I feel would just cause things to break down even further. That way we'd both have blocked phones but they'd still have our money. The only resolution then would be to trade back, which I'm loathe to do after all th threats.

Managed to speak to another helpful person from Orange today, they have managed to raise a fraud case against his account, so may be able to unblock it over next 48 hours.

Why on earth not?-you did everything else right. Orange will not unblock it unless you can prove ownership. A signed receipt by both parties would make it difficult for him to deny selling it. He doesn't have to prove anything to Orange, whereas I think that you'll have to prove ownership.
How can 'things break down even further'-you've already been threatened with assault? The police will not be interested in a civil dispute, but they should certainly follow up on the threats.
Surely Orange can track the phone by the IMEI number, if it originated from them?

mrcamp

I agree. Report the thing stolen. Hopefully, you know the IMEI.

JournalGirl wrote: »

Report the wildfire stolen and get it blocked.