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Auction winner says phone is cracked!

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Comments

  • Well, the IMEI is the same. He has just emailed asking what is happening. Ill return the package tomorrow (cleverly disguised), and then send the message i typed in an earlier post once it has been delivered. Everyone agree this is still the best approach?
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    i don't know why you are returning the phone? what good will this do?

    he has proof of returning to you so it is likely that paypal will find in his favour and give him a full refund, and then he will also have the damaged phone and his money back

    you will end up with nothing
  • fuzzgun19
    fuzzgun19 Posts: 7,767 Forumite
    Part of the Furniture 1,000 Posts
    Maybe it's worth giving the ebay hotline or paypal a call and explaining what you know.

    They might say that if you returned the damaged phone to him then he cannot claim? just a thought and probably a long shot though.

    If you do decide to return the phone to him, make sure it's at least by Recorded, then you can see if he's got it, and prove to paypal/ebay you returned HIS damaged phone..
    I Hate Jobsworths!!!
  • fuzzgun19
    fuzzgun19 Posts: 7,767 Forumite
    Part of the Furniture 1,000 Posts
    When he returned the phone, did You sign for it?

    I have had recorded items in the past signed by the postie when I was out and left in my bin shed.

    If someone else signed for it, maybe you could claim you didnt receive it as it wasnt you who signed..
    Then you could stall him up to 45 days, claiming you were looking into where the phone had gone??

    Running out of ideas here..lol
    I Hate Jobsworths!!!
  • fuzzgun19 wrote: »
    When he returned the phone, did You sign for it?

    yeah i signed for it..
    So i should keep the phone and just mail him stating he broke it?
  • Bamber19
    Bamber19 Posts: 2,264 Forumite
    *#06# should give you your IMEI number
    but i'm begining to think it wont matter as what he's probably done is taken your working phone, swapped the screens over and sent you back your working phone but with the broken screen on so IMEI's will match up etc.
    Bought, not Brought
  • fuzzgun19
    fuzzgun19 Posts: 7,767 Forumite
    Part of the Furniture 1,000 Posts
    My guess is that if you mail him stating he broke it, and you're not refunding then he will start a Paypal dispute.

    Or if you just send him his phone back, he may start a Paypal dispute anyway.

    I think that either way you will probably have to contend with a dispute. You can do your best to explain to Paypal what has happened and his selling/buying history, picture of your phone before he got his hands on it.

    You never know, Paypal might rule in your favour if you can prove he took re-delivery of the broken phone..
    I Hate Jobsworths!!!
  • ezhiks
    ezhiks Posts: 58 Forumite
    When someone has set out to scam you, in all likelihood from the moment they placed the first bid, it's difficult to get the upper hand once it's gone this far.

    This guy will know all the rules, and has calmy and calculatedly cheated you with a good idea that whatever you do he will win. Paypal may find in your favour if you explain everything, but the odds seem to be against you.

    Did you find out from any of his other sellers if he has done this before? A history of scamming would help your case.

    I don't know what to suggest, unless you are prepared to lower yourself to his level, even then I wouldn't know how to cheat him back, maybe others have an idea?

    I agree though that if you send the phone back you will in all probability lose the phone and the money.

    The awful thing is, how do see something like this coming?

    Good luck, hope justice is done.
  • fuzzgun19
    fuzzgun19 Posts: 7,767 Forumite
    Part of the Furniture 1,000 Posts
    Maybe you could clear your Paypal account, and close it before he starts a dispute?
    I Hate Jobsworths!!!
  • $nake_eye$ wrote: »
    thanks bamber... but i cant prove it. and im sure eBay/Paypal wouldn't take it into consideration.. Also, the IMEI numbers match up


    Have you considered he might have just changed either the sticker OR the back of the phone with the IMEI sticker on it? Have you entered the #*07# (or whatever it is) code to check the phone DOES have the IMEI the sticker claims it to?

    I'd bet on a swap like that.

    EDIT: Now read you've checked that, sorry! Sounds like you might be out of luck. Even re-selling as damaged you'll probably get about £30 for the phone so could minimise your losses to £20.
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