I Bought a Phone Online That Was Stolen and Now The Carrier Wants to Lock My Phone

I bought a newly released phone from gumtree, much cheaper than I would have had I bought it in store, it was locked to a carrier that I'm already with. About a week or so later, I get a call from a representative saying there's been an issue and that the phone belongs to someone else and that it was stolen. I told them that I bought it online and that I didn't know about the whole situation. They asked me to cooperate with them, give them all the information I had on the person I bought it from, exchanges, where we met, what time, names, emails etc. They later said that they would then block my phones IMIE number so it's no longer usable. They also said that helping them find the person will help in returning my money. I told them I'd help, give them what info I knew, such as where we met. It was a cash transaction obviously as it's gumtree. Any information I had was on my old phone that I no longer have. I was told that they'll put a case manager to start the investigation, and that they would speak to me over the next few days.

Can they legally block my phone? Can I unlock it from their network, and if I do, will they still be able to block my IMIE, rendering my phone useless? Can I take any legal action? All I did was see a phone I wanted, it was reasonably cheap and I bought it. I didn't want to be involved in this mess.

EDIT: "My" phone was blocked after I restarted it today. My SIM card works, the phone just won't accept any SIM cards anymore. A Notification shows up saying "Phone not allowed" when I insert a SIM card. I haven't been contacted by anyone yet, then again maybe because it's the weekend, either way I just want this situation to end. All in all, very valuable lesson. My mate told me to call the carrier and ask them to help me out as I've already paid for the phone. I figured that legally, it's still their property and calling to ask them to basically give me a phone for free (on their end) is unreasonable. they wouldn't do it. and if I was in their position, I would do the same. It was unlawfully taken by someone and I made the stupid mistake of buying such a new phone at a low price. I'll cut my losses, make do with an old laggy Android phone I used to have. I'll save up and buy the phone again, this time through a local retailer, peace of mind is priceless. I've absolutely loved every second that I've had it for. From watching videos, taking amazing quality photos and just general browsing. Can't wait to have it again. Thank you everyone for your input, I appreciate it!

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Comments

  • +9

    You bought stolen goods, your breaking the law while you even have the phone.

    They can and will block it, maybe ask if you send them the hand set will they exchange for another because your a long term customer? You likely need to be on a 24 month contract but i recon you could argue handset repayments waived.

    • I wasn't aware that it was stolen to begin with. I just saw a phone and I bought it. I asked whether they wanted me to send it back, just said to wait for their calls and that they'll block it afterwards.

      • +4

        Username check out.

      • +2

        I wasn't aware that it was stolen to begin with.

        That's irrelevant.

      • You were aware this was a new model phone being sold privately for significantly below RRP.

        • Well, yeah, I've bought numerous other things for a cheaper price from private sales as well. I don't question where everything comes from, even if I asked the person, they'd probably say they got it as a present and want to get rid of it or something. As far as I'm concerned, I saved some money for a new phone, I saw the phone for a cheap price, I wanted it, I bought it. Check Gumtree, it's already riddled with Note 9's and it's just been recently released. To be honest, I'd rather have paid full RRP than deal with this. I'm busy as hell studying/working I don't have time for this headache. Last thing I want is being bothered by calls during a lecture or while I'm at work.

  • +13

    Can they block a phone that is reported stolen? You bet.

  • +4

    give them all the information I had on the person I bought it from, exchanges, where we met, what time, names, emails etc

    I'm surprised they care. There's too many scenarios to consider here, eg the original purchaser sold the phone for his daily fix … now wants the telco to help him recover it for his fix tomorrow.

    Sounds like a phishing scam to me …

    • I thought about that, it's a large company. I've never worked as a delivery driver, but I'm sure plenty of stuff go missing. It seemed genuine though, Usually when I get a call from someone they ask to verify my age, name, address. This caller never did.

      • +2

        Safe to ignore them then … wait till they block it and start another thread.

      • Agree it sounds suspicious. Why are they taking on this rather than reporting to the police?

        Why not call your carrier and ask if that call really did come from them?

        • I had a live chat with 2 people from that carrier. I told them that I received a voice mail from a missed call saying that there had been a situation that had come up and that it needed to be discussed. At this time, It was a voice mail, and it didn't go into much detail. They checked my Account and no note had been left on it in regards to any of this. I googled the number that I received the call from, and it seems to be a genuine number, people reported sales calls and some spam but it is from that company. A few minutes later, the number that called me earlier and left the voice mail called back and just went into detail about it, Basically what I just posted originally. They said I'd get a call from a case manager so I could give them info on the seller, so I'll just wait and see what's happening.

    • +1

      You’re right, they don’t care. They actually checking to see if the guy reporting the stolen phone is legit.

      • Yeah this. The guy who is reporting it stolen probably had insurance through the carrier. He sold the phone to you, and then reported the phone stolen. He's about to get f***ed up.

  • +5

    who buys a phone on gumtree these days

    • Drug dealers and other criminals who need a stylish phone on a budget, that can be used as a burner.

  • +10

    I bought a newly released phone from gumtree, much cheaper than I would have had I bought it in store

    No need to really keep reading after that 😂😂

  • Seems suss, they dont call you normally they just block it once the person lodges a police report.

    • +2

      I guess the person the phone was intended for called the carrier and told them it hadn't arrived. They searched the phone up and it had been active under my name. I think they wanna get to the bottom of it and find the person who sold it. But I don't understand why they're going through all this trouble, they could just lock it and be done with it. I'm out of pocket for a fair amount of money which sucks but play stupid games, win stupid prizes right?

      • but play stupid games, win stupid prizes right?

        Unfortunately for you in this case, yes. Number 1 rule - if something seems too good to be true…

      • The position you are in sucks but I'm glad you're able to see why it has happened to you.

  • +1

    How did the carrier get your number?

    • +2

      The carrier will have records of IMEIs used by its customers. It found the stolen IMEI associated to OP's number. Not very difficult to do.

  • Sounds dodgy to me, why would a phone company be doing police work? If the phone was stolen then who was the original owner and why haven't the police been in touch with you to get the phone back?

    As someone above said, I would wait until the phone gets blocked or the cops give you a call. But whatever you do DO NOT SEND THE PHONE BACK TO ANYONE unless you physically hand it over to the cops or at one of the phone companies physical stores…and get a receipt for it.

    • The phone company might be doing the investigation if the phone was the phone company's and they're trying to work out how it became stolen.

      • Maybe, but that was not communicated by the OP. If the phone company IS the owner then you'd think they would try to work out some of good will offer to the OP once they establish his innocence?

        • They haven't established OPs innocence other than him telling them he bought an extremely cheap phone off gumtree.

        • +1

          @HighAndDry: I realise that bit I was giving him the benefit of the doubt. My POINT was to not hand over the or send the phone to anyone unless they are the cops or at a physical store for the company involved.

        • @EightImmortals: Oh I agree completely with that point. Definitely no handing over the phone to yet another stranger.

    • +1

      Police work?

      Police: “hmmm sounds like a commercial matter” *hangs up

      You’re missing the point. Some guy has called up and says his phone didn’t arrive, or he has a bill he doesn’t know about. They are checking HE is legit before they credit him, they don’t give a toss about OP or the thief.

  • +7

    Sell it on Gumtree.

  • +3

    It’s not your phone. You paid a random person cash for someone else’s phone, it still belongs to them.

  • +1

    It's like people ignore the thousands other posts on here of users getting scammed off of Gumtree and the options to reduce the risk of being the victim

  • +3

    So a phoney detective is trying to dial you up some trouble and do a fancy number.
    Next time let him call it out wing over to another carrier and have a listen to what their tone is.

    • maybe counter it by pretending to be salesman selling discounter itunes card

  • If the phone is on contract, then technically the phone is the carrier's possession.

    It would definitely be in their interest to investigate this fully to prevent any further incidents.

  • +3

    I've never heard of a Telco calling up to confirm details. They either block it or don't

    • agree. let just think. who are you why they bother to call you? there are probably have many stolen phone reported each day

      • +1

        How would they even get OPs number?

        • Easy, Tel os knows every phone that's using their network, including at least the phone imei number and the sim id. They don't just give you the Sim card just for sms and call. They can even tell what you browse on Ozbargain if needed be.

  • +3

    Might be worth asking for the police report number or equivalent (and checking with the police yourself). Seems a bit odd if the phone can be recovered - why is it not being returned to the owner?

    • +1

      “Sorry your brand new phone didn’t arrive, here’s one that has been used for a month by some random guy that buys stolen goods!”

    • Might be worth asking for the police report number or equivalent (and checking with the police yourself).

      As if the police would verify that a report number is real to a random person asking…

  • The legal action you'd want to take is reporting all the information to your local Police station with information about the person selling you stolen goods.

    • That is the right thing to do but they’d just take the phone and throw it in a drawer.

      Or if they’re having a really bad day write up OP for receiving stolen goods.

      • There has to be intent to prove the crime.

  • +1

    Can they legally block my phone?

    Yes, you purchased stolen goods.

    • +1

      More correctly, it's their network they can do what they like.

      Establishing the legal and rightful owner of a phone is difficult task, even for the police and the courts … a telco has no chance of getting it right.

      • Establishing the legal and rightful owner of a phone is difficult task, even for the police and the courts

        Maybe, but doesn't sound too difficult to me.

        I bought a newly released phone from gumtree

        Shouldn't be too hard for both owners to produce a paper trail as its a recent release.

        Sounds like a classic case of the gumtree seller selling a contracted phone and then stopped making payments on it.

        So the Telco is blocking the phone as it hasn't been paid for.

        At the end of the day, the Telco sold it, and until its paid for by that buyer, regardless of who owns it, its not theirs to sell, so the telco can block it as stolen goods when/if they fail to pay for it.

        While I'm sure the OP purchased in good faith, the seller sold an item they knew they we're going to ever pay out. As such they ended up selling stolen goods.

        • When I was speaking to the Telco rep, I told them I had bought it from a guy, they wanted me to clarify that it was a man that I bought it from. Maybe that's something to go by?

        • Maybe, but doesn't sound too difficult to me.

          There's plenty of legit gumtree transactions that happen with cash, without receipts. I imagine that it could easily finish up in a he says/she says type scenario.

        • Sounds like a classic case of the gumtree seller selling a contracted phone and then stopped making payments on it. So the Telco is blocking the phone as it hasn't been paid for.

          Do you have any information to show that telco's actually do this?

  • Op, can you enable PM's?? Got a couple of questions for you

    • +1

      whats so 'private' you can't ask in public?

      • He's the seller

      • When he mentioned 'case manager', it sounded like a Telstra phrase (which I work for). I wanted to ask op for his SR # so I can check the validity of the claim

        • Fair enough, so guessing it wasn't Telstra then?

        • @JimmyF:

          Op hasn't gotten back to me so can't help him

        • @supasaiyan: Hey, thanks for taking the time out of your day and trying to help, I appreciate it. My Phone was been blocked, I edited the post the caller was legit all along. It wasn't Telstra.

  • +2

    Is the person calling OP up really from the telco? Could it be an accomplice of the person selling OP the phone, who called OP up and claim that the phone is stolen so that OP would either send the phone back to them for scam #2 or to extort more money out of OP? Just a thought.

    • I googled the number, it's had some spam reports, but it is from the Telco. People were complaining about receiving promotional offers from them.

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