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Got Screwed - iPhone 5 now blocked (reported lost/stolen a month after purchase)

  • 13-12-2012 10:52pm
    #1
    Registered Users, Registered Users 2 Posts: 17


    Hi Guys

    I've ended up with a very expensive paperweight.

    My fault, I know, but looking for some advice, here's the story.

    One month ago, I Wanted an iPhone 5, found an advert online on Gumtree.
    Was for 600, good enough deal.

    Travelled to Navan from Dublin and went to this guys house, seemed like a nice area, nice house etc.

    I heard about people flogging phones online before that were stolen, so as the guy had the receipt I thought it would be OK / reputable.

    Now, over a month later (bought on 07th Nov, receipt has 1st November from shop). It showed as "No Service" so after the usual turn off and on, reset settings, restore I called Three and was told that it was reported lost / stolen (Nearly 1.5 months after original purchase).

    Also - It was still in its box and still in its clear wrapping, totally unopened, and the correct matching IMEI on the receipt.

    So, thankfully I backed up the old iPhone before using the new one, so still had the texts (and probably phone call records) between us, with his address etc.

    I called the guy and he pretty much said tough luck, he bought it off someone else.

    Does anyone have any advice or help or been in similar situations. I know I'm stupid for falling for it, but as it was all in wrapping and had the proper receipt I thought it was legit - what else could I have done?

    Do I have any kind of way out or of getting it unlocked if I go in to three store and show them the reciept / explain it.

    Surely, they'll understand if I've been using it for 1.5 months since it was set up and now reported stolen? Anything the gaurds could do?

    I feel really fuc*ing stupid, upset, angry so any advice really appreciated.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    g1tm wrote: »
    Hi Guys

    I've ended up with a very expensive paperweight.

    My fault, I know, but looking for some advice, here's the story.

    One month ago, I Wanted an iPhone 5, found an advert online on Gumtree.
    Was for 600, good enough deal.

    Travelled to Navan from Dublin and went to this guys house, seemed like a nice area, nice house etc.

    I heard about people flogging phones online before that were stolen, so as the guy had the receipt I thought it would be OK / reputable.

    Now, over a month later (bought on 07th Nov, receipt has 1st November from shop). It showed as "No Service" so after the usual turn off and on, reset settings, restore I called Three and was told that it was reported lost / stolen (Nearly 1.5 months after original purchase).

    Also - It was still in its box and still in its clear wrapping, totally unopened, and the correct matching IMEI on the receipt.

    So, thankfully I backed up the old iPhone before using the new one, so still had the texts (and probably phone call records) between us, with his address etc.

    I called the guy and he pretty much said tough luck, he bought it off someone else.

    Does anyone have any advice or help or been in similar situations. I know I'm stupid for falling for it, but as it was all in wrapping and had the proper receipt I thought it was legit - what else could I have done?

    Do I have any kind of way out or of getting it unlocked if I go in to three store and show them the reciept / explain it.

    Surely, they'll understand if I've been using it for 1.5 months since it was set up and now reported stolen? Anything the gaurds could do?

    I feel really fuc*ing stupid, upset, angry so any advice really appreciated.

    Sorry to hear about this, don't be to hard on your self. I think the fella is committing fraud. If he had all details he must have bought it, sold it to you then report as stolen insurance company pays out he's up €600 and a new iphone 5. Can Three find out if he reported it lost/stolen?


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Cheers for the reply. I've been using Adverts for years and Gumtree for years, always careful and use my head, never been scammed before.

    Yea, Three just put me on hold for 5 mins then said the phone was reported lost or stolen.


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    g1tm wrote: »
    Cheers for the reply. I've been using Adverts for years and Gumtree for years, always careful and use my head, never been scammed before.

    Yea, Three just put me on hold for 5 mins then said the phone was reported lost or stolen.

    Can they not tell you who reported it?


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    No, very unhelpful to be honest.

    I explained that I had the receipt etc and that I've had it over a month, used on their network and asked if it seemed fishy to them, but they just said
    "You need to contact the person you bought it off"
    I asked, "What then?"

    "Tell him to cancel the reported lost/stolen".

    :/


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    g1tm wrote: »
    No, very unhelpful to be honest.

    I explained that I had the receipt etc and that I've had it over a month, used on their network and asked if it seemed fishy to them, but they just said
    "You need to contact the person you bought it off"
    I asked, "What then?"

    "Tell him to cancel the reported lost/stolen".

    :/

    Highly likely mobile insurance fraud, he would be the only one able to get the barred mobile lifted


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  • Posts: 0 [Deleted User]


    I think this is why I could never buy a second hand phone. It just happens too much.


  • Registered Users, Registered Users 2 Posts: 1,196 ✭✭✭flyguy


    Like someone said, sounds like insurance scam. Sell the phone then claim it lost/stolen. It's gonna be hard to find out but the insurance company would be happy to hear from you if you can find out which one...
    Depends as well what was in the claim, but it's unlikely whoever claimed said it was stolen with box and receipt...
    Put all the info in a mail to three and ask them to forward it to the fraud department of the insurance company that requested the block, fingers crossed after that...


  • Registered Users, Registered Users 2 Posts: 621 ✭✭✭Qwerty Dub


    Tell the lad who told you 'tough luck' that you are going to the Guards and that if it were him that reported it stolen he better cancel the report asap or he may find himself in bother.

    Hopefully you will get a helpful Guard who even if he cant tell you the name of the person will chase it up himself after you prove the transaction and give the address where you bought it. If an insurance claim was made against the phone then there should be a stolen report on the Garda system for the Guard to match the address against.

    Seems like he made a gain or caused a loss by deception by inducing you to carry out an act i.e purchase the phone from him. Thats an offence under Sec. 6 of the Theft and Fraud Offences Act.

    He also made a false report to Gardai. Tut tut.

    Don't let it go. I'd chase it to the very last.


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    3Cover provided by Pier Insurance, ring this crowd good place to start and explain them your story see if they can do anything for you hers is the link

    http://pierinsurance.com/3/contact_us.php


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Thanks everyone, really appreciate the responses.

    I have already PM'd the "Three Rep" here on boards to try and take it from there as the customer service rep wasn't very helpful.

    I'm going to stay away from contacting the guy I bought it off for now.

    Next steps - See what Three's advice will be, then the insurance company, then the Gaurds.

    2 more questions...


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  • Registered Users, Registered Users 2 Posts: 621 ✭✭✭Qwerty Dub


    g1tm wrote: »
    Thanks everyone, really appreciate the responses.

    I have already PM'd the "Three Rep" here on boards to try and take it from there as the customer service rep wasn't very helpful.

    I'm going to stay away from contacting the guy I bought it off for now.

    Next steps - See what Three's advice will be, then the insurance company, then the Gaurds.

    2 more questions...

    As annoying as it is I wouldn't worry about it. I'd say you will get it sorted in the end but its hassle you shouldn't have to go through.

    The Three Reps on here are fairly helpful to be fair so I am sure they will do whatever they can for you.

    But I certainly wouldnt let it go. Keep us posted.


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Qwerty Dub wrote: »
    As annoying as it is I wouldn't worry about it. I'd say you will get it sorted in the end but its hassle you shouldn't have to go through.

    The Three Reps on here are fairly helpful to be fair so I am sure they will do whatever they can for you.

    But I certainly wouldnt let it go. Keep us posted.


    Thanks Qwerty, I was expecting a backlash of "That's what you get" type comments, so really helpful comments so far.

    I've dealt with Three reps on here before and always got top notch service and help off them
    (I'm a boards regular, but created new account for this thread) lol, was a bit embarrassed so...

    I know I'm not going to get my money back, but do you think if it is all proved to be a scam etc etc will they unlock the phone again or anything like that or am I 100% left with an expensive paperweight.

    Secondly, can it be proved that I've used the phone on the network from when I bought it eg, is the IMEI recorded / tracker or something like that, just to prove that I've been using it for a good while now? - Might help me along the way if this is the case.

    Worth noting, I've been a three customer for years, mostly bill pay, a lot of pre-pay before that and a few years broadband before now too.....so hopefully they might really help me.


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Also, 100% not going to let this go, going to fight it to the end, work fooking hard enough for the things I have so not going to let them get away with it.


  • Registered Users, Registered Users 2 Posts: 7,299 ✭✭✭CantGetNoSleep


    If they won't unblock it, it could be sold to used abroad as normally that block is only for irish networks (although I imagine this is illegal).

    If it was me, I would try to get something back and when I couldn't, I would really make this guys life hell. Calling him at 6am, whatever you think of.


  • Registered Users, Registered Users 2 Posts: 7,299 ✭✭✭CantGetNoSleep


    Btw by law I think this phone now belongs to the insurance company? I am sure they would prefer to hear about the fraud though


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Yea, that would make sense, but only if it was a valid claim that they paid out for.

    AFAIK someone needs to report it within 24 hours, then usually wait 30 days incase it is found, then they pay out. It wouldn't be the property of the insurance company until they pay out.


  • Registered Users, Registered Users 2 Posts: 621 ✭✭✭Qwerty Dub


    g1tm wrote: »
    Thanks Qwerty, I was expecting a backlash of "That's what you get" type comments, so really helpful comments so far.

    I've dealt with Three reps on here before and always got top notch service and help off them
    (I'm a boards regular, but created new account for this thread) lol, was a bit embarrassed so...

    I know I'm not going to get my money back, but do you think if it is all proved to be a scam etc etc will they unlock the phone again or anything like that or am I 100% left with an expensive paperweight.

    Secondly, can it be proved that I've used the phone on the network from when I bought it eg, is the IMEI recorded / tracker or something like that, just to prove that I've been using it for a good while now? - Might help me along the way if this is the case.

    Worth noting, I've been a three customer for years, mostly bill pay, a lot of pre-pay before that and a few years broadband before now too.....so hopefully they might really help me.

    I'm not sure if Three will know that you have been using that particular handset or not. I doubt it but with all the other evidence you have i.e the box, the receipt, communiction with seller etc it should be easy enough to prove that you were using it & are genuine

    Sure wouldn't you have texts etc on it since you started using it which will show the date/time received so that shows how long you were using the phone before it was blacklisted.

    Plus, I wouldn't say there are too many people stealing phones and rolling the dice with 3 & asking them to remove from their blacklist.

    Try deal with 3 initially. After that I would go to the Guards about it & insist they do something.

    A question for someone else in the know, does jailbreaking allow you to use a blacklisted phone?

    Are there any other options if the official channels don't work?

    In fairness I think your not getting the 'what were you thinking' messages because:
    - you went to his house
    - the phone was still sealed
    - you got a receipt
    - the IMEI on receipt matches the IMEI on phone

    What more could you have done when buying second hand. They are the things you look for when buying. Seemed all good.

    Fingers crossed you get sorted anyway.


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Awesome.

    I'll definitely keep you all posted anyway.


  • Registered Users, Registered Users 2 Posts: 621 ✭✭✭Qwerty Dub


    g1tm wrote: »
    Awesome.

    I'll definitely keep you all posted anyway.

    I know you will probably be happy just to get the phone sorted but I think given the 'tough luck' attitude of the seller I would be inclined to put him back in his box by going to the Guards.


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Qwerty Dub wrote: »

    I know you will probably be happy just to get the phone sorted but I think given the 'tough luck' attitude of the seller I would be inclined to put him back in his box by going to the Guards.
    Definitely, I'm going to go all out on the guy, now that I google his number he has 100's of ads online all for "cash for cars" an that kind of stuff....so he surely won't want the guards knocking on his door.


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  • Registered Users, Registered Users 2 Posts: 621 ✭✭✭Qwerty Dub


    g1tm wrote: »
    Definitely, I'm going to go all out on the guy, now that I google his number he has 100's of ads online all for "cash for cars" an that kind of stuff....so he surely won't want the guards knocking on his door.

    Probably no harm posting his number up for all to see if hes a cowboy. And I'd let Adverts & Gumtree etc know about his antics too.


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Qwerty Dub wrote: »

    Probably no harm posting his number up for all to see if hes a cowboy. And I'd let Adverts & Gumtree etc know about his antics too.
    Yea, will consider it. Will see what three say first then take it from there


  • Registered Users, Registered Users 2 Posts: 953 ✭✭✭hearny


    If he has hundreds of ads selling cars etc. post questions on the sites if they accept posts asking why he reported reported a product he sod to you as stolen.

    Potentially losing car sales may get his attention as I'm sure they are all worth more than the phone.


  • Registered Users, Registered Users 2 Posts: 4,706 ✭✭✭120_Minutes


    This is why, when buying a second hand phone and you confirm it works, once the deal is done call your network and get the IMEI added to your account.
    If you're using the phone on the same network as the previous owner (ie its locked) if the previous owner tried to block it, then it should appear on their system showing that its associated with a different account (yours) which should stop the previous owner in his tracks.

    If the phone is unlocked and you're not on the same network as the previous owner and he goes ahead and blocks it, then it may not work on that network, but you wont know this until you try a sim from that network (not 100% sure on this)

    getting the IMEI of any second hand phone you own associated with your account is a simple thing, that can prevent something like this from happening, but a lot of people never think to do it.

    on the flipside, if you find a phone before the the person who lost it gets it blocked and you get the IMEI associated with your account, it could prevent the proper owner from blocking it.... but thats not to be condoned.

    so the golden rule is: lose a phone, block it asap. buy a phone, IMEI it asap.


  • Registered Users, Registered Users 2 Posts: 10,153 ✭✭✭✭dodzy


    Qwerty Dub wrote: »
    A question for someone else in the know, does jailbreaking allow you to use a blacklisted phone?
    No, once it's blacklisted, it's dead on ALL Irish networks. Only option is to get the barring network to lift it, or sell it to use abroad.

    OP, all good advice given to you so far. don't let it go. If you used the phone, texts or calls, then 3 WILL have a record of those and they will show association with your new handset and your account, so the records are here. You have the receipt, box, previous owners address ( I'm guessing it was the tool you bought it off ).

    Run with it. Wait to see what the rep on boards comes back with. If no joy, take it to the next level. Persevere, that's the message. And keep us updated. You did not need to create a new account for this IMO. You done what most here would have done.

    I posted this way back in relation to taking ownership of a new handset, and it is good advice:

    1. At time of purchase, call the network assocociated with the handset
    2. Give them the registered users name address and number (if available)
    3. Ideally, if he/she is with you, then put them onto the service agent
    4. Tell them that you a taking ownership of the handset from that point
    5. Get him/her to update their system accordingly
    5. NB: Take agents name

    Go through with above steps even after the event. Obviously, they will not be able to verify this with the original owner, but they will / should record this.


  • Registered Users, Registered Users 2 Posts: 5,564 ✭✭✭quad_red


    I think you need to leverage the fact that you're going to make sure he is done for insurance fraud if he doesn't give you back your money.


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭Darren 83


    This is why, when buying a second hand phone and you confirm it works, once the deal is done call your network and get the IMEI added to your account.
    If you're using the phone on the same network as the previous owner (ie its locked) if the previous owner tried to block it, then it should appear on their system showing that its associated with a different account (yours) which should stop the previous owner in his tracks.

    If the phone is unlocked and you're not on the same network as the previous owner and he goes ahead and blocks it, then it may not work on that network, but you wont know this until you try a sim from that network (not 100% sure on this)

    getting the IMEI of any second hand phone you own associated with your account is a simple thing, that can prevent something like this from happening, but a lot of people never think to do it.

    on the flipside, if you find a phone before the the person who lost it gets it blocked and you get the IMEI associated with your account, it could prevent the proper owner from blocking it.... but thats not to be condoned.

    so the golden rule is: lose a phone, block it asap. buy a phone, IMEI it asap.

    Id say the imei is blacklisted wont wort on any network the only option is to sell it abroad. I know you can change the imei number but this is illegal. Im sure the insurance company would love to hear about this.


  • Registered Users, Registered Users 2 Posts: 2,190 ✭✭✭Dublinstiofán


    This is why, when buying a second hand phone and you confirm it works, once the deal is done call your network and get the IMEI added to your account.

    Personally from experience, this move is not possible. I remember ringing three at one
    stage and was pretty much laughed off the phone. I was told that the person who buys
    the phone has all the power and if they choose to blacklist it they can do it anytime
    during the duration of their contract. You may be able to tell the network that the
    iPhone is now being used by you but it will DEFINITELY NOT stop the original owner
    from blacklisting it as it was sold to them and until the (clearly backwards) system
    changes you have to be very careful who you buy from.

    As you were extremely careful i feel sorry for you, as you did all you could to avoid
    being scammed. Unfortunately you may have been subjected to a different type of
    scam than an insurance scam.

    This scam works by a person entering a store purchasing a billpay phone with
    false credentials and selling the phone immediately for market value. When the
    first bill isnt paid the network blacklist the device for nonpayment and it cant be
    used again, period. In this case insurance claims are not involved and there is
    usually no trace of the seller at this point.

    If i were you id call the guards, if nothing else they will be able to figure out
    who blacklisted the device (original owner, insurance company, network
    for nonpayment ) and you will have a place to start.


  • Registered Users, Registered Users 2 Posts: 2,540 ✭✭✭freeze4real


    Can you prove that it was bought at the seller house, and that the seller actually sold it to you. you said that he showed you the receipt if yiu still have it thats good.

    My advise is to use a solicitor, and bring the case to court ( i'm not sure if a small claims court is applicable) if it;s thats great as its cheap.

    If the seller wants the phone tell him that he must pay 100e extra, what he's done is clearly insurance fraud.

    TBH I want him to go to jail, to serve as a lesson for all other thieves out there.

    I've sold lots of iphones of adverts and I've never done something like this.

    Soething like this did happen to me, I reported the guards but they didnt do ****.


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  • Moderators, Society & Culture Moderators Posts: 25,558 Mod ✭✭✭✭Dades


    quad_red wrote: »
    I think you need to leverage the fact that you're going to make sure he is done for insurance fraud if he doesn't give you back your money.
    He'll never get the money back but he has a good chance of getting the phone off the blacklist if the insurance company suspect that they can avoid paying out a claim to a scammer, and back up the OP.


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    I think guys that I'll take it as far as I can, I do want to see the guy rightfully punished for it, but don't want to run my chances of getting it un-blocked again

    So step by step, three - insurance company, gaurds.

    I have proof that transaction was done at the house, he txt me his address and I still have that text conversation.


  • Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    g1tm wrote: »
    Yea, that would make sense, but only if it was a valid claim that they paid out for.

    AFAIK someone needs to report it within 24 hours, then usually wait 30 days incase it is found, then they pay out. It wouldn't be the property of the insurance company until they pay out.

    I know you don't want to hear this but if it doesn't belong to the insurance company, it sure belongs to Three UNTIL THE END OF THE CONTRACT.

    If this phone is under a billpay contract [I'd say it was as Three blocked it*] the guy who took you r money had no right to sell it as it wasn't his.


    * It may not even be a Three phone. At the very least, the Irish networks share a Block list. To be honest, I believe this is Euro wide. Under Data Protection Laws, you will get next to no information from Three. This is not them being dicks. The law forbids them discussing this with anyone other than those named on the contract [or authorised contact].


  • Registered Users, Registered Users 2 Posts: 290 ✭✭bardcom


    Are you not the valid owner? You have the original box and receipt and you purchased the phone. That's proof of purchase. Three have no right to block the phone if you can show you are the valid owner. It's your device, you've done nothing wrong.

    If Three claim the device is lost, then you can simply have a conversation along the lines of "No, it's not. I'm the owner." And send them the receipt.

    If Three claim the device was stolen, then "Stolen from who? I'm the owner. I can prove I'm the owner. Has the other claimant filed a report with the Guards?"

    There must be some onus of responsibility with Three to check their facts before they block a phone. So if there's a dispute, they must also have a dispute resolution process. If you make it clear that you're willing to go to the Guards with the phone with your proof of purchase, I don't see how Three can enforce the block.

    You have to keep trying with this. Don't get fobbed off.


  • Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    g1tm wrote: »
    So step by step, three - insurance company, gaurds.

    Your making an assumption it's insurance fraud. I don't think it based on what you've said so far. What I think happened was the guy took it out on contract, never paid the first bill and 3 blocked the phone. (You will never no this for sure).
    The insurance company will be no use as it's not an insurance scam and the Gardai will be of no help as the phone is not stolen. 3 will pursue the guy for defaulting on the contract and try and get some of their money back or try and secure a conviction as to prevent him from continuing to con people.

    As the phone is not yours, nobody in 3 or the Insurance company will deal with you as they guy who conned you is protected by data protection laws. You can't find out exactly what happend.

    Selling the phone on ebay could backfire and Vodafone & 3 block their phones Europe wide.

    As it is it's worth about €250/€300 for parts, I think that's about the best your going to get out of it. There is no way 3 will unblock that phone.


  • Registered Users, Registered Users 2 Posts: 7,971 ✭✭✭_Whimsical_


    g1tm wrote: »
    I think guys that I'll take it as far as I can, I do want to see the guy rightfully punished for it, but don't want to run my chances of getting it un-blocked again

    So step by step, three - insurance company, gaurds.

    I have proof that transaction was done at the house, he txt me his address and I still have that text conversation.

    Very weird that this guy would be scam artist if he gave you his home address. If this is the case he is possibly Ireland's dumbest criminal. This is fantastic that you have it though as it gives you a lot of leverage.

    I hope it works out. This story definitely will put a stop to me looking longingly at iPhones on adverts.ie etc I'm afraid.

    .


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  • Registered Users, Registered Users 2 Posts: 9,014 ✭✭✭Soarer


    bardcom wrote: »
    Are you not the valid owner? You have the original box and receipt and you purchased the phone. That's proof of purchase. Three have no right to block the phone if you can show you are the valid owner. It's your device, you've done nothing wrong.

    If Three claim the device is lost, then you can simply have a conversation along the lines of "No, it's not. I'm the owner." And send them the receipt.

    If Three claim the device was stolen, then "Stolen from who? I'm the owner. I can prove I'm the owner. Has the other claimant filed a report with the Guards?"

    There must be some onus of responsibility with Three to check their facts before they block a phone. So if there's a dispute, they must also have a dispute resolution process. If you make it clear that you're willing to go to the Guards with the phone with your proof of purchase, I don't see how Three can enforce the block.

    You have to keep trying with this. Don't get fobbed off.

    This.

    The phone is yours, and you have a receipt. Should be case closed really.


  • Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    bardcom wrote: »
    Are you not the valid owner?

    No. The rest of your post is based on the premise of "yes" being the answer so is not relevant.
    Just because you pay for something, doesn't make you the owner; if the seller is not entitled to sell it.


  • Registered Users, Registered Users 2 Posts: 7,971 ✭✭✭_Whimsical_


    Your making an assumption it's insurance fraud. I don't think it based on what you've said so far. What I think happened was the guy took it out on contract, never paid the first bill and 3 blocked the phone. (You will never no this for sure).

    I had never thought of this but it sounds the most likely scenario given that the guy wasn't shifty enough to meet you somewhere neutral. That would seriously suck.


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    I had never thought of this but it sounds the most likely scenario given that the guy wasn't shifty enough to meet you somewhere neutral. That would seriously suck.

    No guys, just to be clear on this point, Three confirmed to me that it was reported lost / stolen by the person who had the contract, not that the contract was not paid - Hence Three cust service telling me I had to tell the guy I bought it off to "Un-Report it stolen".


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Your making an assumption it's insurance fraud. I don't think it based on what you've said so far. What I think happened was the guy took it out on contract, never paid the first bill and 3 blocked the phone. (You will never no this for sure).
    The insurance company will be no use as it's not an insurance scam and the Gardai will be of no help as the phone is not stolen. 3 will pursue the guy for defaulting on the contract and try and get some of their money back or try and secure a conviction as to prevent him from continuing to con people.

    As the phone is not yours, nobody in 3 or the Insurance company will deal with you as they guy who conned you is protected by data protection laws. You can't find out exactly what happend.

    Selling the phone on ebay could backfire and Vodafone & 3 block their phones Europe wide.

    As it is it's worth about €250/€300 for parts, I think that's about the best your going to get out of it. There is no way 3 will unblock that phone.

    No guys, just to be clear on this point, Three confirmed to me that it was reported lost / stolen by the person who had the contract, not that the contract was not paid - Hence Three cust service telling me I had to tell the guy I bought it off to "Un-Report it stolen".


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  • Registered Users, Registered Users 2 Posts: 290 ✭✭bardcom


    RangeR wrote: »
    No. The rest of your post is based on the premise of "yes" being the answer so is not relevant.
    Just because you pay for something, doesn't make you the owner; if the seller is not entitled to sell it.

    True, but first, ownership has to be established. How did Three establish that the guy making the "lost/stolen" call was the valid owner? Seems to me that the guy with the box and the receipt is in the driving seat on that score.


  • Registered Users, Registered Users 2 Posts: 290 ✭✭bardcom


    g1tm wrote: »
    No guys, just to be clear on this point, Three confirmed to me that it was reported lost / stolen by the person who had the contract, not that the contract was not paid - Hence Three cust service telling me I had to tell the guy I bought it off to "Un-Report it stolen".

    So he has probably gotten himself a replacement iPhone. Leaning towards looking like Insurance fraud.


  • Registered Users, Registered Users 2 Posts: 1,126 ✭✭✭Reoil


    Soarer wrote: »
    This.

    The phone is yours, and you have a receipt. Should be case closed really.
    Nope. What if somebody swiped the iPhone from somebody leaving the Three store just after buying it?


  • Registered Users, Registered Users 2 Posts: 17 g1tm


    Reoil wrote: »
    Nope. What if somebody swiped the iPhone from somebody leaving the Three store just after buying it?

    It was reported stolen over a month after original purchase.

    And you have to wait min 30 days on phone insurance policies before your covered.....


  • Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    bardcom wrote: »
    True, but first, ownership has to be established. How did Three establish that the guy making the "lost/stolen" call was the valid owner? Seems to me that the guy with the box and the receipt is in the driving seat on that score.

    A receipt is just proof of purchase, not proof YOU purchased it. There will be a name on the Three contract. THIS is the registered user. Three are still the owner until the contract is discharged.

    I believe we are not talking about NetFree stock here, but subsidised postpaid contract phone.


  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    bardcom wrote: »

    There must be some onus of responsibility with Three to check their facts before they block a phone. So if there's a dispute, they must also have a dispute resolution process. If you make it clear that you're willing to go to the Guards with the phone with your proof of purchase, I don't see how Three can enforce the block.
    Not being smart but clearly you've not had dealings with Three's infamous Customer Service centre, it usually consists of a call centre in India somewhere with agents who are polite as anything telling you they haven't the first damn clue what your issue is let alone try solve it. 3 Customer Service is quite a maddening process at the best of times.

    Getting a hold of someone on this island who has the authority to sanction blocking/unblocking or will even look into it, will be an extremely difficult task. OP you could try the Three forum on boards and see if they will help but my guess is they won't discuss anything about anyone else's account or affairs as it would a data protection issue.

    Sounds like a right mess anyway, I do go along with the view that it's most likely insurance fraud and someone got a phone on upgrade, sold it for a hefty profit then claimed off insurance. You're talking nearly €1k worth of a scam for little work and virtually no risk. Pretty inventive scheme that serves as a reminder about buying the latest gadgets on the second hand market, something I would never do, its less of a risk with older models that are past their period of being the trendy "must-have" machine.

    Good luck in your quest FWIW.


  • Registered Users, Registered Users 2 Posts: 2,190 ✭✭✭Dublinstiofán


    Savman wrote: »
    Not being smart but clearly you've not had dealings with Three's infamous Customer Service centre, it usually consists of a call centre in India somewhere with agents who are polite as anything telling you they haven't the first damn clue what your issue is let alone try solve it. 3 Customer Service is quite a maddening process at the best of times.

    Getting a hold of someone on this island who has the authority to sanction blocking/unblocking or will even look into it, will be an extremely difficult task. OP you could try the Three forum on boards and see if they will help but my guess is they won't discuss anything about anyone else's account or affairs as it would a data protection issue.

    Lets be clear here, the only option you have is to report it to the guards
    Three will give you NO information about anything because technically
    you didn't buy it from them, the person who signed up for the contract did.

    In relation to trying to speak to somebody who looks after the blacklist,
    i think this is a waste of time. What you need to remember here is while
    you have lost your money, Three have also lost their hole on this sour
    transaction as the phone, which they highly subsidised is technically
    'lost/stolen' and the contract probably won't be maintained in the future
    either. They're not going to take it off the blacklist for you as a gesture
    of good will, no matter what you tell them, FACT!


  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭brophs


    A few misconceptions here.

    Firstly the phone no more belongs to Three than it does any of us. If we assume someone took out a contract with Three in which the cost of the phone was subsidised then one of two things has happened. They've continued to pay the bill every month in which case this has nothing to do with Three or they have not paid their bill in which case Three are likely to go down the legal route to recover the remaining monies owed under the contract. The only way in which the phone would be the property of Three is the contract was declared breached, void or rescinded in which case the person who took out the contract in the first place would be under a duty to return the phone. Three (or other networks) might try to tell you otherwise but they don't have a leg to stand on.

    Then there's the issue of the guy who sold it to him. If he's the same person that took out the contract, and also the same person who reported it stolen, then not only is he one of the stupidest people ever to draw breath, he's also now committed fraud. The purpose of him doing that must be to defraud his insurance company as Three have nothing to do with the sale of the phone at this point. Unless they have completed the formalities of recovering the phone before it was sold then they're out of luck. They'll just have to pursue him for a contractual debt.

    So it comes down to whether or not the seller had the legal power to sell the phone. If the insurance company has already paid out then he did not and the OP has paid €600 to someone for a phone which he didn't have the legal authority to sell (the old Golden Gate bridge scam). If they haven't settled the claim with the person who reported it stolen then it's not their property and the seller had the legal power to sell to the OP.

    All of that being said, the end result is much of a muchness. I'd be amazed if the phone was ever to be removed from the blacklist. The only way that might happen is if the seller (or whomever took out the contract and made the complaint) contacts them to withdraw the report. They are only likely to do that if they're under threat of criminal charges. Equally the OP could bring the seller to the small claims court and seek the return either on the basis that he did not have the legal authority to sell the phone or that he did but subsequently interfered (by making the report that it had been stolen) with the use of the phone at a point when he no longer owned it.

    I wish the OP well with his attempts to get the phone removed from the blacklist, but I don't hold out a massive amount of hope.


  • Registered Users, Registered Users 2 Posts: 1,726 ✭✭✭gerryk


    OP, assuming the device has been reported stolen for the purposes of insurance fraud, there is no way that the guy will "un-report" the device as stolen, since that involved going back on his claim, which would raise all sorts of red flags. Also, if you do push it with the guards/insurance company, they will probably prosecute the bloke and he'll be heavily fined or do time. In either case, you're still out €600.

    The only way I can see you getting sorted, and I'm not advising you do this, is to confirm that it was him that was the registered owner... we all know what information is used to authenticate someoone over the phone. Once you have done that, you know it was him that reported it stolen, so (again, do not do this) call him up and tell him that your next call will be to the cops, and is €600 really worth doing 5 years in the 'joy? You should have your money back within a day or so... except you won't because you shouldn't do this.


  • Registered Users, Registered Users 2 Posts: 10,153 ✭✭✭✭dodzy


    Selling the phone on ebay could backfire and Vodafone& 3 block their phones Europe wide.
    nope, I'm afraid they don't


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