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Original poster

Bought a mobile phone on Ebay that has been stolen! Action Fraud!?

30 replies

rollonthesummer · 16/09/2015 14:05

After days of trying to get the stupid thing to work-O2 finally tell me it was reported stolen weeks ago and barred.

Ebay want me to fill in a form with

app01.actionfraud.police.uk/public/report/Survey.mvc/Welcome

which will give me a reference number that they can proceed with to issue me with a refund. But no matter which permutation of buttons I click-it says that no fraud has been commited and I should contact citizens advice! Selling a phone that is lost/stolen/barred count, surely!?

Can anyone help-I am sooooo frustrated!

OP posts:
Original poster
rollonthesummer · 16/09/2015 14:08

Sorry-clicky link

link

It just says

Thank you for taking time to complete the Action Fraud report. So far from the answers you have provided this does not appear to be a fraud that we can report. However this is a matter that should be reported to Citizens Advice.

but it doesn't give me a reference number that Ebay say I must respond with within 5 days or they will close the case!

OP posts:
jacks365 · 16/09/2015 14:22

Contact the police emergency number. Selling stolen goods doesn't count as a fraud but does as a crime and if you report it to the police you will get a crime reference number that you can then quote to Ebay

Original poster
rollonthesummer · 16/09/2015 14:24

Contact the police emergency number

Really? Why on earth didn't Ebay tell me to do that then!?

By emergency, I presume you don't mean 999!?

OP posts:
littleducks · 16/09/2015 14:26

I reckon she meant non emergency number. whilst an offence had been committed I don't think it is 999 worthy

NeuNewNouveau · 16/09/2015 14:26

I assume she meant non-emergency number.

jacks365 · 16/09/2015 14:28

sorry meant non emergency number, shouldn't type while trying to fend off a 3 year old. The Actionfraud link is probably a standard thing because most problems on ebay will come under that but stolen goods are outside their remit

Original poster
rollonthesummer · 16/09/2015 14:35

Brill-thank you all. Dialling 101 now...

OP posts:
Original poster
rollonthesummer · 16/09/2015 14:47

That was helpful, not.

Apparently, me buying a stolen phone is not a crime. I have to find out where the phone was reported stolen (I know the seller was in scotland through Ebay) and ringing their local police station and seeing if it was reported stolen!!? That was the crime apparently-not me buying the stolen phone!

I asked what happens if it was never reported stolen to the police (but was just reported stolen to O2) and I was told I had to take it up with Ebay!

Do I phone every police station in Scotland!!?

I've spent since 11am on the phone to ebay/o2 and now the police-I can't believe it's this complicated. Ebay have said I need to get a reference number within 5 days or they will drop the case. The seller is repeatedly emailing me telling me to now return the phone to them (to a completely different address to the one on Ebay!) and they will refund me once they've got the phone!!

OP posts:
19lottie82 · 16/09/2015 21:47

How long ago did you buy it? If less than 180 days you can raise a case with PayPal.

19lottie82 · 16/09/2015 23:43

Sorry I just re read your OP. What case did you open with eBay? A not as described case? I'm surprised they are asking for a crime number, usually a not as described case is pretty straight forward (for a buyer). DONT return the phone to a different address.....

Have you tried actually phoning eBay and speaking to someone? You've got a greater chance of getting it sorted out that way.

Original poster
rollonthesummer · 17/09/2015 22:30

Yes-a not as described case. Honestly-this has been a nightmare. The police don't care and ebay change their story every time we speak to them. I've spoken to 4 different advisors now and they've given 4 different opinions.

We have been on live chat with Ebay tonight for nearly 2 hours who said (after initially yesterday saying NOT to return the phone until I have a refund) that I MUST either return it and wait for a refund or pay to get a Checkmend check done on the phone to prove it's blocked. Fine-we pay for a checkmend report.

This confirms it's blocked, but doesn't necessarily confirmed it as stolen (it was o2 who told us that it was reported lost/stolen on xth August, so they barred it), Ebay have said the first advisor was wrong and I still have to return it to the seller.

This is the seller who is constantly and aggressively emailling me, telling me the phone is fine and not blocked! This is clearly not true, but he's arguing black is white! He has 28 feedback and I have hundreds of 100% :( :(

I just don't trust him.

He says I've got to return it, so he can 'inspect' it to see I haven't damaged it. I can see him doing something dodgy and saying I've damaged the phone so he doesn't have to refund me! I think selling a blocked phone is wrong!

I thought the buyer had more protection than this on Ebay?

What can I do-I feel so frustrated!

OP posts:
Original poster
rollonthesummer · 17/09/2015 22:31

How long ago did you buy it? If less than 180 days you can raise a case with PayPal.

Paypal's website says they are no longer linked to ebay and to contact them directly if you have a problem with an Ebay transaction.

OP posts:
confusedaboutparenting · 17/09/2015 22:50

im guessing it was an iphone? was it sold as for parts or used? i once got a phone from ebay and put in a o2 sim and as soon as i did it went from working to no service, i called o2 and explained i bought it and just switched sim and they unbarred the phone for me and it worked fine after, was just a weird thing

Original poster
rollonthesummer · 17/09/2015 23:14

Yes, an iPhone. It was sold as in excellent working order. Even with proof from O2 saying when it reported lost/stolen, the seller is saying I've made it up and the phone isn't blocked and works fine!

I just don't trust the seller and think that they'll do something strange if I return it. Maybe say I've damaged it?!

OP posts:
summerwinterton · 17/09/2015 23:56

even if the seller claims you have damaged it eBay would still refund. What have eBay told you to do now?

And stop talking to the seller.

19lottie82 · 18/09/2015 07:59

Do NOT waste your time on live chat! They are based in China and will give advise that is not correct in the UK.

Have you PHONED eBay and spoke to someone in the UK?

19lottie82 · 18/09/2015 08:01

Who told you you need a crime report? And by what method? If live chat ignore ignore and IGNORE!

Original poster
rollonthesummer · 22/09/2015 11:21

Sorry-I haven't been able to log on here on my phone..

Ebay/Paypal have refunded me on Friday-hurrah. I had to do a Checkmend report which stated the phone was blocked and they wre happy and closed the case.

Unfortunately, the seller is still bombarding me with emails telling me to return the phone I've stolen (!) from him with tracking number immediately, or he'll be forced to go to the police. We have already reported this to the police-both in my county and his-last week, but have rung them again this morning and they stay we have done nothing wrong and to take the phone wo our local police station.

The seller has 1. threatened us with the police, 2. Told us he had been to the police (we asked for the crime number/station so we could speak to them) but no reply and 3. Threatened us again with the police. As we have spoken to the police 4 times now-it's not really a threat!!

We rang Ebay on Sunday to ask for advice-do we return the phone to the seller (who sold us the barred phone) or not-as up until Thursday night ebay were insisting this is what we had to do to let the seller check it before they'd refund us. Ebay told us at 3pm Sunday, they'd reply within 48 hours as noone there seemed to have a clue what they were going. Still waiting for that reply and don't know what to do?

I don't even want the phone-it's no good to anyone barred! I don't want to pay recorded delivery to have it returned to ther seller who is dodgy as anything and I wouldn't put it past him to say I've done something to it!

I am NEVER buying a mobile phone from Ebay again!

What shall I do!? I want to take it to the police but I'm worried that I'll do that then Ebay will tell me I should have returned it to the seller?

Ebay have been great in that they have refunded me, but we had 5 different conversations with them last week-all telling us different things and telling us not to listen to the previous advisor!

OP posts:
summerwinterton · 22/09/2015 12:23

If you have been refunded then no you don't need to return to seller, despite his threats.

It was a no fault refund?

OneBreathAfterAnother · 22/09/2015 12:27

I know you can't legally send fake goods through the post, I'm not sure about stolen ones, but I wouldn't be posting it back.

Ignore the seller, completely. If eBay haven't asked you to refund and have closed the case, do nothing else. The police will ask for the phone if they need it, and then you can get some paperwork from them to scan incase eBay do ever ask for it.

For now, do nothing. Put the phone in a drawer for a bit and let the other agencies do their jobs.

19lottie82 · 22/09/2015 13:05

I agree just ignore the seller.

If you're feeling particularly generous tell him he can send a courier to collect it, but personally, I wouldn't bother.

Original poster
rollonthesummer · 22/09/2015 13:43

The refund email states:

Decision:
This case has been decided in your favour.

Comments:
The item doesn't work. We're sorry you have a problem with your purchase, and we're issuing you with a refund in this case.

If eBay haven't asked you to refund and have closed the case, do nothing else.

Ebay have't asked me to refund anyone (I have been refunded myself through Paypal) but they were still saying Thursday night that I must return it to the seller. After a lengthy conversation and me sending confirmation from the phone netweork and a Checkmend report saying the phone was blocked, they then closed the case on Friday.

I was so relieved that I forgot about it until Sunday when the barrage of emails from the seller came telling my I've stolen his phone and he's going to report me to the police. We spoke to Ebay at 3pm Sunday (who didn't have a clue and were going to get someone to get back to me) asking what to do with the phone and Ebay said we'd definitely hear back from them within 24-48 hours. They have an hour and a half!

OP posts:
Scobberlotcher · 22/09/2015 13:52

This reply has been deleted

Message withdrawn at poster's request.

OneBreathAfterAnother · 22/09/2015 14:04

I meant return, sorry Blush. I got distracted.

summerwinterton · 22/09/2015 14:31

don't reply to the seller - they are just being a bully. Report their emails to eBay and forget about it.