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My mobile's been fraudulently barred, 3 don't care

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grayme-m
grayme-m Posts: 1,484 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
Over Christmas we bought a Galaxy S2 from eBay which was locked to 3.

I unlocked it and it worked fine on O2 and T Mobile till yesterday, then no phone network to do calls or texts, but the internet continues to work fine.

After googling for a phone fault, I come across the possibility the phone's IMEI has been barred (which initially I thought would be odd as the internet still works).

After speaking to 3, they finally tell me the phone has been reported lost or stolen but cannot help more, I need to go back to my seller.

I asked if they wanted information from me as it seemed they have someone doing insurance fraud, nope.

Anyway, dug up payment details and spoke to the seller. He says he bought the phone from someone else and did a 'Checkmend' search on the phone before he bought it. Yesterday it was updated to show it had been reported lost or stolen. He paid for the phone by cheque and even has his seller's passport details.

I am waiting for him to send through this info, but I'm feeling a tad irked at this moment in time, not sure what to make of it yet.
Toyota - 'Always a better way', avoid buying Toyota.
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Comments

  • cgk1
    cgk1 Posts: 1,300 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 23 February 2012 at 10:10PM
    Three don't care because it's nothing to do with them - you buy a phone off a third party who in turn (claims) to have bought it off another third party - No fraud has actually (as far as we know been) has been committed against three, why would they want to get involved?
  • grayme-m
    grayme-m Posts: 1,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    cgk1 wrote: »
    Three don't care because it's nothing to do with them - you buy a phone off a third party who in turn (claims) to have bought it off another third party - why would three want to get involved?

    Because they have to pay for a fraudulent insurance claim.
    Toyota - 'Always a better way', avoid buying Toyota.
  • cgk1
    cgk1 Posts: 1,300 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Where's the evidence of insurance fraud? how do you not know it's just straight forward stolen?
  • grayme-m
    grayme-m Posts: 1,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    cgk1 wrote: »
    Where's the evidence of insurance fraud? how do you not know it's just straight forward stolen?

    I don't know for sure, but something is definitely up.

    Why wait two months to report a phone simply as stolen?
    Toyota - 'Always a better way', avoid buying Toyota.
  • grayme-m wrote: »
    Why wait two months to report a phone simply as stolen?

    So that the 45 day Paypal counterclaim deadline has expired.

    OP might be worth reposting on the Ebay subforum, someone there might know a way to get your money back of Ebay/Paypal.
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  • grayme-m
    grayme-m Posts: 1,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    So that the 45 day Paypal counterclaim deadline has expired.

    OP might be worth reposting on the Ebay subforum, someone there might know a way to get your money back of Ebay/Paypal.

    Thanks for this advice, I would not have thought about going there. :)

    Have obtained some great advice from people in the know on that forum. Seems my issue is only with my seller and I need to get my money back from him. I just need to know what I do with this phone (give it to him or to the police).

    It does seem to me that it has to be an insurance job, how else does a phone in a contract end up being sold as new with all accessories, but not reported as stolen for over two months after its sale.

    If it was 'just straight forward stolen' then someone would have done something sooner.

    For me there is something wrong with the system when someone can report a phone lost or stolen, and the end user can go back to the network, tell them they have it and all I am told is to go back to my seller. Potentially I have stolen goods on my person, have offered them information to assist with their recovery and they have done nothing about it.
    Toyota - 'Always a better way', avoid buying Toyota.
  • ilikewatch
    ilikewatch Posts: 1,072 Forumite
    grayme-m wrote: »
    For me there is something wrong with the system when someone can report a phone lost or stolen, and the end user can go back to the network, tell them they have it and all I am told is to go back to my seller. Potentially I have stolen goods on my person, have offered them information to assist with their recovery and they have done nothing about it.

    They're probably not used to honest people coming forward and admitting to being in posession of stolen property! the vast majority of people in your position would have simply relisted the phone on eBay and sold it to a buyer abroad where it will still work ok.
  • MattLFC
    MattLFC Posts: 397 Forumite
    grayme-m wrote: »
    Because they have to pay for a fraudulent insurance claim.
    Three don't have to pay anything, as Three are not an insurance company. The underwriters will be ultimately liable for any insurance claim.

    Imho, just take it as a lesson learnt; I doubt there is much you can do now, short of going down the !!!!!!!s house mob-handed and demanding your money back.

    Simple, don't buy (expensive or new) phones off eBay, in fact don't buy anything overly expensive on ebay unless you have seen it (and the seller first), it is from a major brand/retailer (PC World, Argos etc all have ebay clearance shops), or you know the background of the seller to be reputable/have used before.

    I wouldn't go giving some anonymous person on the other side of the country a few hundred quid of my hard-earned for something that can so easily be disabled etc...

    Sorry, but phones + ebay are a disaster waiting to happen, for both sellers and buyers (I've been on the receiving end of an !!!!!!! buyer, fortunately I did my bit correctly and PayPal released the hold on my money).
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    Give the phone to the police and contact your credit card, sellers problem not yours
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • grayme-m
    grayme-m Posts: 1,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I believe my seller is genuine.

    I took the phone to the police yesterday, in short they didn't seem to care as long as I was going to get my money back from doing a chargeback.

    My seller also went to the police, they told him to tell me to call 3. I did this again, but got the same data protection and go to the police BS from them. I told the unhelpful chap that I had read the DP Act and it was irrelevant, I was not asking for any information from them, I was trying to give them information to do their part in preventing a fraud. They were still not interested but said I could leave the IMEI with them. I confirmed with them they were not going to do anything with it if I gave it, so told them I wouldn't bother, how disappointing they were and that was that.

    Emailed my seller and told him that rather than just keep going round in circles, I was going to do a credit card charge back and if the CC wanted to do anything to get their money back (or if they get it from him if he does), then that was fine.

    He called me this morning, he'd been back to the police and they confirmed they were going to pursue this crime. It appears that the original contract owner had sold him the phone and two months later reported the phone as lost (insurance scam?), but as he paid by cheque they would trace him via that (also he has passport details).

    Both him and I are disappointed by 3 who were in a position to resolve this quickly. If nothing else they could have put the original seller's claim and my possessing the phone together to see if they had something they could hand to the police, it really seems quite easy to commit crimes when people in positions to resolve (3 and the police) don't seem to care much.

    So I am going to send my seller the phone and he will refund me. He then will pursue his money via the police case.

    I've bought a replacement off eBay. :rotfl:
    Toyota - 'Always a better way', avoid buying Toyota.
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