Sold phone without payment

Starekss

Hi,
I have made huge mistake. I thought I'm dealing with genuine person, but now I have doubts.
So basically, I have "sold" a phone to company that is buying used phones. The guy on the counter took my bank details, and told me that within 10 minutes I will get money on my bank account. After 20 minutes, I got back there, as I still have not received my money. The guy called his boss (that was supposed to make the transfer) and his boss told him he will send money in the next 10 minutes. 2 hours later, I still do not have my money, and the shop is closed. I called them but nobody picks up. They do not have website or email I can use. What are my rights here ? I'm under impression that I literally gave my phone away for free. I still got proof of purchase and original box (I forgot to bring it to the shop, so I sold it for less without it). What are my rights here  ? I will obviously storm that shop tomorrow, but I'm afraid they will tell me that they don't know what I'm talking about. I will definitely call the provider and block this phone if they won't pay me, as in my head this is theft at this point. I have not signed anything in my name ( I asked, for which he said he just needs my bank details) which was my biggest mistake.

Jenni_D

If they don't pay you then it is theft. If you don't get the money tomorrow, block the phone.

powerful_Rogue

Did you not get a receipt or any paperwork? How long has the shop been there?

Aylesbury_Duck

Don't "storm" the shop tomorrow.  Simply go in, keep calm, ask for payment there and then, or the return of the phone.  Advise them that if they don't comply, you'll report them to the police, block the phone and take them to court.

Starekss

Hi guys,
I have not received any receipt. The shop is there for few months.
I will definitely block it if they won't pay.
What's the next step if they will refuse to pay ?
Should I report theft to police, or go to small court claims ?

Starekss

Aylesbury_Duck said:

Don't "storm" the shop tomorrow.  Simply go in, keep calm, ask for payment there and then, or the return of the phone.  Advise them that if they don't comply, you'll report them to the police, block the phone and take them to court.

You are right, no need to storm the shop. I will do exactly as you've said.

elsien

Starekss said:

Hi guys,
I have not received any receipt. The shop is there for few months.
I will definitely block it if they won't pay.
What's the next step if they will refuse to pay ?
Should I report theft to police, or go to small court claims ?

Small claims court will require some proof that you handed your phone over.

You appear not to have that. 

Aylesbury_Duck

elsien said:

Starekss said:

Hi guys,
I have not received any receipt. The shop is there for few months.
I will definitely block it if they won't pay.
What's the next step if they will refuse to pay ?
Should I report theft to police, or go to small court claims ?

Small claims court will require some proof that you handed your phone over.

You appear not to have that. 

Perhaps not proof, the court will believe whichever party presents the most likely series of events.  If OP has gone to the trouble of getting a crime number, blocking the phone and instigating court action, they're unlikely to be making it up. It's not a guaranteed result, but I suspect OP would be the more plausible party.

I also think the shop will sort things out before then, if OP handles things assertively tomorrow.

Alderbank

Jenni_D said:

If they don't pay you then it is theft. If you don't get the money tomorrow, block the phone.

It's not theft. It's a civil debt.

You went to the shop and entered into a contract with them in which they would get your phone and you would get an agreed amount of money in return.
They haven't completed their side of the contract yet, that's all (so far).

What's the shop called. Is it Cex, Cash Converters or similar?

nyermen

Probably not a national one like cash converters or CEX, i think they're all next day payment, and I can't think that even a cex franchise store would risk lying.
Suspect its one of those independent ones we see about, trickier. 

OP - keep whatever you have that shows you owned the phone initially (box with serial?  receipt with serial? etc)  You'll need it anyway to get a block.

flaneurs_lobster

Jenni_D said:

If they don't pay you then it is theft. If you don't get the money tomorrow, block the phone.

How do you block a phone?