Gumtree Dilemma - Sold Phone That Was Network Blocked

LWhyutrippingfam on 23/01/2017 - 15:47
Last edited 23/01/2017 - 16:19 by 1 other user

Hey guys need your advice

I bought a Samsung Galaxy S7 Edge via Gumtree. Used it for 3 months and sold it on gumtree to another person (Reason: I wanted to go back to iphone).

After few weeks he contacted me and told me that network provider has blocked that phone. He requested for the refund. I wasnt aware the phone was on plan as at the time of purchase I asked the seller and he told me he bought it outright. So i denied paying him anything and asked him to contact police to help him find the culprit.

My questions are:

Who is at fault?
Am I liable of paying/returning the money?

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Comments

  • nardz on 23/01/2017 - 15:52
    +3

    i would say unless they can somehow prove you knew that there was reason for the phone to be blocked from the network, it's buyer beware. Second hand item, non business, zero warranty.

    they'll have right to report it to police, and police would have right to investigate whether you're knowingly trading in stolen goods..

    • Whyutrippingfam on 23/01/2017 - 16:10

      I wasnt aware the phone was on plan (trusted the buyer as according to him he purchased it outright). Before selling the phone I told the buyer I purchased it off gumtree and I was the second owner. I also offered him my assistance i.e. going to police together and lodge a complaint but he wanted the refund

      • nardz on 23/01/2017 - 16:13
        +1

        the most likely case is that the buyer probably reported it lost to claim for insurance, and eventually the networks place a block on it (though this process can take months)

        if you go to the police, the person you bought it off will probably be facing fraud/obtaining financial advantage by deception charges.

        • CyberMurning on 23/01/2017 - 16:27

          why would someone be so dumb to sell locally and then claim insurance under his/her real name/account? if overseas then different story the phone will keep working just fine

        • [Deactivated] on 23/01/2017 - 19:24

          I am sure the police have more pressing issues than chasing a gumtree sale lol
          99% of cases aren't of interest to the police, gumtree is a buyer beware profile and I don't use it for this very reason

        • try2bhelpful on 23/01/2017 - 21:18

          @shawncro 222: The cops are interested if people are breaking the law.

        • nardz on 24/01/2017 - 09:33

          @shawncro 222: if that phone has an insurance claim against the registered IMEI, than you bet the police will be interested - as will the insurance company underwriting whatever telco provided that insurance.

        • nardz on 24/01/2017 - 09:34

          @dragonindespair: well the other side of it is that phone could have been purchased fraudulently to begin with.

        • [Deactivated] on 24/01/2017 - 14:31

          @nardz:

          Exactly and what do you think the police will do

          Take your details and laugh once you leave

          Trust me I've seen it happen myself

        • nardz on 24/01/2017 - 14:47

          @shawncro 222: well they should be taking your IMEI and processing it accordingly.

          Lost and stolen IMEI's are actually tracked nationally.

          http://www.lost.amta.org.au/IMEI

  • CyberMurning on 23/01/2017 - 16:10
    +2

    gee so dangerous. either ways there will be some tears and hassles for the OP. hopefully you didnt let the buyer pickup from your house

    • Whyutrippingfam on 23/01/2017 - 16:15

      Initially I invited him to collect the phone from my place but we ended up meeting in City. I felt bad for the person who bought it and requested him to lodge a report with police.

      • 0FoxGiven on 23/01/2017 - 16:33

        Hmm… maybe the buyer is trying to guilt you into paying him something for a phone that actually works. Do you think the phone may not be on a plan? Did you ever try using the phone on two different networks? If it worked on two different networks, it couldn't be on a plan.. right? I'm not too sure if a phone on a plan is carrier locked in Australia.

        • Whyutrippingfam on 23/01/2017 - 16:51

          Not sure if the buyer is trying to pull off a scam. Im on a pre-paid plan with Amaysim and as far as I know they use Optus network. Unfortunately I did not try any other sim.

        • terrys on 24/01/2017 - 09:18

          No, prepaids are usually locked. No plan phones I've had has been. The provider has a contract where you have agreed to pay it off on a plane, and no such contract with a prepaid phone, but can cover themselves for any inherent subsidy by putting conditions such as six months usage or a fee for unlocking.

  • pantsparty on 23/01/2017 - 16:36
    +4

    It is probably a scam. The phone probably works fine but the buyer just wants a free phone.

    • nardz on 24/01/2017 - 09:35
      +2

      or the buyer wants to return the phone - and give back a different one that actually is IMEI locked.

    • [Deactivated] on 24/01/2017 - 14:33

      Pretty easy to see this

  • Aniseed Steed on 23/01/2017 - 17:10

    Why did your buyer take weeks before contacting you regarding the block placed on the phone?

    • Whyutrippingfam on 23/01/2017 - 17:40

      According to him he contacted me as soon as the phone got blocked.

  • Blottski on 23/01/2017 - 18:29
    +1

    tell him to email you photo's of it being blocked. Tell him you wan't evidence that you aren't scamming him.

    If he can't provide photo's, there's ya proof.

  • [Deactivated] on 23/01/2017 - 19:22

    Buyer beware on gumtree
    you sold it in good faith
    He can take it up with the seller who sold it to you
    pass his or her details on

    Not your issue IMHO

    • Whyutrippingfam on 23/01/2017 - 22:10

      Unfortunately i dont have the seller's details as I deleted the texts after buying the phone.

  • Axelstrife on 23/01/2017 - 20:12

    touch decision but it's basically you give money back and your out of pocket that amount as even selliung the phone for parts wouldn't get you much money.

    it's a risk of buying used unfortunately.,

    • Whyutrippingfam on 23/01/2017 - 22:13

      The phone was BNIB and i unbox it myself. Well you are right even the blocked phone wont get me much but my question is, am i liable of returning money?

      • Axelstrife on 23/01/2017 - 22:24
        +3

        You don't have to give the money back.
        gumtree comes with no warranty no returns.

  • Seraphin7 on 24/01/2017 - 09:40
    +1

    It appears the lesson here … given yesterday's similar post … is that purchasing cellular products second hand, where phone companies can suddenly block the thing, is just not worth it for either buyer or seller.

  • [Deactivated] on 24/01/2017 - 09:44
    +1

    Gee we are all very good at working out who's scamming who here,you all sound like you have lots of experience in the area.
    Basically you've traded in stolen goods as far as the law is concerned, whatever you do from now on is on you.

  • coffeerequired on 24/01/2017 - 10:49
    +2

    If he can prove he purchased it and contacts the locked provider, chances are the carrier will actually unbarr the imei block… Source: happened to a mate of mine as well.

    • [Deactivated] on 24/01/2017 - 14:32
      -1

      They don't unbar devices 9/10 times actually and when they do there is an exceptional reason for it

  • [Deactivated] on 24/01/2017 - 14:35
    +1

    As a side note when selling any device connected via a sim and cellular take down the serial and IMEI with photos as a backup

    Write down the IMEI and take photos of the device to stop swap scams 9/10 times once you compare photos of the device to the original sale they we will not bother any further

  • Idiocracy is here on 28/01/2017 - 11:49
    -1

    It's obviously your fault as you just believed the seller.

    Of course the seller is going to say that it's unlocked.

    Completely your fault!

  • Idiocracy is here on 28/01/2017 - 11:51

    It's obviously your fault as you just believed the seller.

    Of course the seller is going to say that it's unlocked.

    Completely your fault for not checking this upon purchase.

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