Bought second-hand phone from a store, found later to be reported as "lost". Advice?

CeaseAllMotorFunctions

I bought a second-hand iPhone ("as new") at the end of December 2016 from a well known nationwide electronics chain (CeX). I know they have a dubious reputation, but I've never had any problems buying from them before. It works completely fine, and in perfect condition etc. Nothing wrong in terms of that.

Today, I tried to sell the phone to another store (different company) as I no longer need it. The store did a CheckMend check on the phone (which checks to see if it has been reported lost or stolen or blocked etc). I was surprised to hear that having checked the phone, they wouldn't buy it from me as the company discovered that my phone had been reported as "lost" to CheckMend sometime after I originally purchased in December.

What I think has happened, is after I bought it, the originally owner (who sold it to CeX in the first place) has then waited a little while then reported it as "lost" in order to claim on insurance. The strange thing though, is that my phone has not been blocked or barred. There is no other marker (e.g. no stolen marker) on the report, just the "lost" marker.


I took the phone back with my proof of purchase to the original CeX store and explained everything.

They told me:

• It was over 30 days since I had purchased the phone from them, and their terms state I must return it within 30 days for a refund.
• They would offer a voucher to spend in store (which I don't want)
• That the phone was working fine, wasn't blocked or mechanically faulty etc
• That as it wasn't reported stolen or blocked, that they wouldn't refund or replace it.
• Wouldn't buy it back from me as it was reported lost on CheckMend (!)

I was very surprised. I explained to them that I can't sell the phone as it was shown as lost on the report, and that had I have known it was reported as lost I wouldn't have bought the phone. They told me that at the time of checking it when they first purchased it from the original owner, that it wasn't shown as lost. The icing on the cake being that they wouldn't buy the phone back from me, which sort of acknowledges even they don't want to buy a "lost" phone.


I'm very frustrated by this. Surely, technically, even if it was "lost" when it was sold to them, then that is theft by finding and therefore a stolen phone?


Where do I stand? I know that under my consumer rights, legally they would have to refund me if I discovered it was stolen, but its only shown as "lost" on the report.


What do I do?

**UPDATE: I returned to the store today, and after a half an hour debate with the manager, he agreed to a full refund for the phone and they took it back. Success.**

bris

CeaseAllMotorFunctions wrote: »

What do I do?

Sell it on Ebay or Gumtree, problem solved.

CeaseAllMotorFunctions

bris wrote: »

Sell it on Ebay or Gumtree, problem solved.

Not really - if anyone has any sense they will also complete a CheckMend report and see that it is "lost" and not purchase it.

Potentially this phone could later be blocked if it is subject to an insurance claim at any point.

naedanger

CeaseAllMotorFunctions wrote: »

What do I do?

I would speak to CheckMend to hear what they say.

It seems strange that the phone was reported as lost, has turned up, but no action has been taken to reunite it with its real owner. If you can confirm the phone belongs to someone else it would seem CeX would need to refund you as the contract would be invalid - they cannot legally sell someone else's property.

(A passing thought is that CeX might be concerned the phone is not really lost, but has simply been incorrectly recorded as lost.)

CeaseAllMotorFunctions

naedanger wrote: »

I would speak to CheckMend to hear what they say.

It seems strange that the phone was reported as lost, has turned up, but no action has been taken to reunite it with its real owner. If you can confirm the phone belongs to someone else it would seem CeX would need to refund you as the contract would be invalid - they cannot legally sell someone else's property.

(A passing thought is that CeX might be concerned the phone is not really lost, but has simply been incorrectly recorded as lost.)

I suspect that at the time CeX bought the phone from the original seller it wasn't reported lost (as they would have checked for that at the time, I hope). I believe the phone has been reported lost since I purchased it, so between 28 December and 7 February - unfortunately CheckMend doesn't give a date. The person reporting is lost has either legitimately lost it (and someone has found it and sold it - highly unlikely), or it's someone attempting to claim on insurance for it having already sold it.

I will try and speak with CheckMend tommorow and see if they can provide any further information.

So you think that even if it was proven as "lost" then CeX would have to refund me?

naedanger

CeaseAllMotorFunctions wrote: »

So you think that even if it was proven as "lost" then CeX would have to refund me?

Yes. If the phone was lost then it still belonged to someone else, which would mean CeX never owned it. And if they never owned it then the contract to sell it to you was invalid and should be reversed.

Of course if they refused to refund you then you might still need to sue them. However I think you would have a very strong case.

But if the phone had been sold by its true owner, as you believe, (and wrongly reported as lost) then you would still own the phone and it would be your problem getting CheckMend to correct their data.

SamanthaB127

Hi,
I'm a newbie so can't post my own thread, but I'm in a really similar position to you! I just bought a phone from cex and within 5 days the phone is useless and is blocked on every network. Unfortunately I dropped the phone and there is a hairline crack running across the top corner. Will I still be able to claim any money? The phone is still in working condition and the crack doesn't affect its usability but I can't use the phone for work as they sold me a stolen phone.
Any advice welcome please!!!

prowla

CEX have sold you stolen property and they can't hide behind a 1-month warranty.