I Was Sold a Stolen Mobile

mkh1991 on 14/05/2020 - 19:00
Last edited 15/05/2020 - 09:32 by 2 other users

Hi all.

Having a bad day today. Two months ago I purchased a mobile from a guy on marketplace, iPhone 11 and the mobile was fair priced, $900, as well the guy showed me the receipt for the purchase and gave me his contact details so I just bought the phone off from him.

Today I got a call from police station that the mobile was stolen from a JB Hi-Fi shop, the guy actually purchased the mobile from JB Hi-Fi in one suburb and took back to another suburb the next day, allegedly with the empty box and charger only, store staff didn't bothered to open the phone box and return the money to the seller.

The police told me that I need to return the phone and I'm in kind of a terrible situation.

Any advice?

Mobile

closed Comments

      • Ughhh on 16/05/2020 - 11:57
        +2

        So if someone took your wedding ring/phone etc and sold it, you don't expect the buyer to legally have to return it to you. Your insurance should cover it and it's your fault for leaving your item around or trusting the person who sold it. If the buyer does return the item to you, you should give them a gift card for the troubles?

  • R-Man on 16/05/2020 - 00:29
    -4

    Hi stolen mobile, I'm dad

  • Mysterious on 16/05/2020 - 03:00
    +1

    I've nothing valuable to add but I really hope you get your money back. My most recent transactions have made me realise just how dangerous cash in hand electronic sales are.

  • Melb69 on 16/05/2020 - 04:49

    All I can say is it just reinforces my concerns with transactions on FB marketplace and GT for phones. Sometimes it's worth just waiting on a sale at a legit store or just buying a model within your budget. Just for your own piece of mind. I also understand there are alot of transactions that don't have issues. Buyer beware for second hand stuff on these places.

  • sparkles on 16/05/2020 - 04:53

    Plot twist: the guy who sold the IPhone to OP at Macca's is also the same person who gave refund on the iPhone at JB.

    You would need huge balls to return an empty box to JB in the first place, and even then you'd need to guarantee they wouldn't check product was actually present. Something in the water ain't clean.

    • Melb69 on 16/05/2020 - 05:38

      Yeah. Something not right with this whole scenerio.

  • fersea on 16/05/2020 - 07:40
    +1

    In my opinion as others have said, you have not received stolen goods, there has been a separate fraud take place after the sale which has nothing to do with you.

    I can totally understand the OP reluctance to want to argue with the police. However, you have every right to ask to speak to the police officers senior officer or the head of the station in question. I think you will find the officer chasing you is probably quite junior, and is probably trying to get a result but maybe is no legal expert. State that you have received advice that you don’t believe the phone was stolen at the time.

    Are you able to find out when you did the bank transfer and received the phone? If that was before the refund was given then I would have thought it was open and shut that you have obtained the phone legally.

    If you also go down this path properly, and are successful, there is no way that JB would legally be able to block your phone and I would suggest the balance of the warranty would also be valid.

  • Wilson Wallace on 16/05/2020 - 08:01

    I wouldnt give it back, but the law might say otherwise.

    If you still have your sellers details, I’d suggest you meet him / her in a public place (city) and have your money returned. If the money is returned, hand the phone back. You’ll be surprised how much information you can find out about people and associates with that phone number you have.

    Good luck.

  • wtfnodeal on 16/05/2020 - 08:04
    -1

    So if i buy a used car from a private seller with a ppsr check and it has no money owed to it. Next day the previous onwer goes to the dealer ask for a refund says the car is parked in the parking bay and the dealer doesnt check the car before giving it a refund. So my car has become a stolen car? What about other things we buy legally from retail stores if the stores ask from the manufacturers for refund without returning their stocks does it mean i have just bought stolen things from stores? And what about those TVs people bought from Dick Smith before it went into administration? Do we need to return them to the administrator now?

  • holdenmg on 16/05/2020 - 08:09

    I remember back when you could buy an iPhone from some random at Maccas, neither of you had to wear a Mask or nothing…

    Anyhow, if the OP had got their name engraved on the iPhone, what would JB/Police do?

    Q. Why did you get it engraved?

    A. Well, I bought it second-hand. It became mine. If I lost it, I wanted it returned and not sold to some Random in Maccas…

  • Black Brown Blue on 16/05/2020 - 08:28
    +2

    It’s the employee’s fault. Who does not check a return product especially as expensive as iPhone 11. Fire the employee. jbhifi and police should be chasing the original buyer who has comitted fraud. Jbhifi should have cctv and return details like name and address.

  • gravel on 16/05/2020 - 09:25

    I think you will find the following is true.
    When Store 1 sold the phone to the seller title passed to him. He is now the lawful owner of the goods.
    When he returned the empty box to Store 2 he committed fraud/deception. He actually did not return the phone but just an empty box ( perhaps with accessories ). He has still paid in full for the phone but has a refund essentially for a box without a phone.
    JB did not check the box and therefore did not refund money for the phone they refunded money for the box without the phone. Were the seller to have returned the phone and the box and then say somehow removed the phone when the employee was distracted or not looking that's different.
    On this one I would dig my heels in. I don't even know why the police are involved as the phone you hold is not stolen.
    Just thinking about this a bit more. Let's suppose the phone was a cheap prepaid purchased for say $100 for cash. Someone buys the phone opens it and chucks the box bag and receipt in the bin. Person B sees the bag and box in the bin. Takes the box back and gets a refund. The original purchaser still owns the phone.

    • Wayne7497 on 16/05/2020 - 12:52

      Yeah it doesn't work that way, the only offence would be fraud committed by person b, the original buyer is the legitimate owner. Title passed on original sale.

  • imcold on 16/05/2020 - 09:31

    So two people screwed up for this to happen.

    1) Store did not properly check the returned good content was all there or request id for an expensive item refund.

    2) Buyer accepted a digital reciept at face value, These can stored or altered, hence the can be faked or outdated. Buyer should have requested a physical reciept.(these can be faked but much more effort required.)

    3) Buyer should have requested the box of relatively brand new iPhone that has an imie label that matches the phone's imie

    4) jbhi needs better digital reciept management, such as pdf with digital signing, and reciept transfer between parties.

    • Melb69 on 16/05/2020 - 09:41
      +1

      Good one on 3. But phone was probably advertised without. Not everyone keeps their boxes. Alot of these used phones even new are advertised without original packaging.

      It really is just another reason not to buy $900 items unless your ok with the possibility of it not going well. There is always the chance it's stolen or in this instance been mixed up with some fraud activity. Randomly say it could have been used for illegal activity and the Police need to maybe extract previous owners texts and calls. It's just inconvenient for new owner. For $900 he could have bought a brand new Android from a legit shop.

      Just looked up previous deals. Mobileciti had the iPhone 11 new for just over $1000.

    • iknowtj on 16/05/2020 - 09:49
      +2

      2 - difficult to edit the jb receipt. You click the link and it takes you to their site where it sits.

      Sure you could phish all of that but it's a lot of work.

      • Melb69 on 16/05/2020 - 09:54
        +1

        The only way the physical receipt was any good is if it had refund written on it. Which the seller isn't going to want to show. Otherwise all its saying is the seller bought it.

  • JuryWheel on 16/05/2020 - 10:01
    +1

    Sorry if this has been asked already, but how did the police track you down?

    • punter1 on 16/05/2020 - 10:26

      I guess from the telco

  • AgentXKnight on 16/05/2020 - 10:30
    -1

    I personally hope that OP can get this problem resolved and that JB Hi-Fi does the right thing and drop their groundless claim of stolen goods involving OP's iphone because they are responsible for chasing the theft to get their money back and that they should offer an apology for the trouble they have caused to OP. Also contrary to what everyone here saying JB is not an innocent victim they helped a criminal defraud them through either their gross negligence or employees intentionally worked with the theft to defraud their employer because it is impossible for a customer to return something for a refund without assistance of employees at JB.

    In my personal opinion I think JB Hi-Fi should give OP a generous gift card I say around $500 to $1000 in exchange for not giving JB Hi-Fi bad publicity I mean if JB Hi-Fi store is selling empty boxes of iphones or fraudulently blocking IMEI and refusing to take responsibility for their negligence and take the loss then customers have right to know the terrible and incompetent behaviour of JB' employees and managers.

  • DemocracyManifest on 16/05/2020 - 11:45

    Is someone going to block the IMEI? As a used phone know I actually have no idea why JB Hi-Fi would want it back, maybe call the store or see if you can get the details of the Area Manager or head office. They can't resell it!

  • Wayne7497 on 16/05/2020 - 12:33
    +1

    Quite simply as the Law Stands

    JB Hifi are the legitimate owners of the phone.
    Unfortunately you are now the victim of a fraud.
    After handing back the phone to the Police , ask the Police too apply for $900 restitution through the courts when the guy is prosecuted.

    It comes down to intent and in this case it was obviously his intent to return the phone box minus phone for the refund. Therefore he obtained a benefit so 1. Fraud charge with victim JB Hifi 2. Fraud charge with victim you.

    You have not committed any offence and as such you are not being investigated. I see nothing the OP said stating he was being investigated. You are not obliged nor should you hand the phone to JB Hifi it goes to the Police where it will be logged as an exhibit for court.

    • mkh1991 on 16/05/2020 - 13:49
      +1

      Spot on mate and the officer said that since I am victim as well, he will request magistrate reprieve for the amount I paid

  • wombok2 on 16/05/2020 - 12:39

    I doubt it came with a box with matching serial number? What was his excuse for selling it?

    TBH I wouldnt have bought such an expensive new phone without original packaging.

  • coolsteps on 16/05/2020 - 12:53
    -1

    op dont be bullied into thinking they will block the imei, if they did that you can just say you lost it and still flog it off overseas and it can be used in those networks. but not sure what apple ID can do to block you if anything ?. stand up for your rights its a case of fraud not stolen goods. by all means cooperate with police and supply all info but dont hand phone over', take it all the way to court if need be as its fraud and police should be doing their job chasing the fraudster. but at the end of the day i agree with the above comments if you dont need the stress in your life just hand over the phone to the police and ask that they do their job and chase the seller so you can be receive some compo.

    • Wayne7497 on 16/05/2020 - 13:15

      By not handing the phone to the Police the OP would almost certainly have it seized by the Police and probably charged, if he attempts to get rid of it guaranteed he will be charged.

      The OP may have better chance of some compensation by attending JB hifi store that accepted the fraudulent return and explaining the circumstances, however if the phone isnt handed to the Police im pretty sure the Jb hifi store might not be as understanding.

      Jb hifi have a 30 day change of mind policy, so depending on the date of purchase it could be asked why the seller wasn't returning under change of mind and instead selling on market place. Did the OP ask why he was selling it ?

      • mkh1991 on 16/05/2020 - 13:52

        Supposedly he said he is selling because there is no home button, which he is used to. Can't get on with new phone without home button, hence selling just within a week of buying

        • Wayne7497 on 16/05/2020 - 13:53
          +1

          Then why not return it for a full refund rather than sell it on market place ? Would've been what most people would do..And within a week of buy it you'd expect it to be in a box with charger n all accessories.

        • kerfuffle on 16/05/2020 - 14:03

          Plus he would have known there's no home button from just looking at the box and display model in store

        • Wayne7497 on 16/05/2020 - 14:15

          Trust me between, payment method, bank transfer details cctv etc this fella will be caught, chances are moneys already gone up his arm.

          Take the phone to the Police, get a receipt
          Ask for restitution to be requested by prosecutor.
          Do a victim impact statement when required
          Attend the store he returned to n plead your plight to the manager.

          Doing anything else will cause you more grief.

  • Herbse on 16/05/2020 - 13:30

    Not that you're even reading comments anymore.
    But if I were you, I'd speak to JB management and plead your case. They might not want this to become a big deal and might let you keep it without the phone being blocked.

  • mkh1991 on 16/05/2020 - 14:13
    +1

    Finally spoke to JB branch and they told the phone was returned in plastic wrap hence they didn't bother to open and check it, professionally wrapped… And said this will be sent back to HQ as this is now a crime case. Won't be sold further and maybe used as display

    • Wayne7497 on 16/05/2020 - 14:17
      +1

      Smart crook, can't expect jb to open what appeared to be a new sealed box..

    • Herbse on 16/05/2020 - 14:32

      I would speak to head quarters management. The branch would follow their direction.

      It doesn't have to be an angry and outraged. I think if you explain to them how you'll be out of pocket for something that isn't really your fault, they might show some sympathy

  • imrichkid on 16/05/2020 - 14:18
    -1

    Hire a lawyer take it to the Court and sue the s8ht out of JB hifi.

    • Wayne7497 on 16/05/2020 - 14:22

      Great advice NOT you wouldn't get a court appearance from a lawyer for $900 bux and win or lose you dont get costs in civil court, you start proceeding you pay regardless of outcome , so op would be way outta pocket

    • Ughhh on 16/05/2020 - 14:48

      Sue JB Hifi for what? Im going to sue you.

  • payless69 on 16/05/2020 - 14:35

    Funny, op pays cash for something new without charger or box. Transacts at Macas under a camera. If receipt shows paid by cash extra precaution needed such as receiving original receipt. Failing due care and diligence could be viewed as receiving tainted property.

    Since OP has not trespassed, broken any locks he has not really committed a crime. Just a civil dispute between a retailer and him.

    Op lawyer sais: JB has more money than you, pays their lawyer more. You no chance, suffer suffer but nothing in writing but still charges for silly nonwisdom.

    Seriously Plaintiff is under fed regulation (pty ltd), state judges do not even have jurisdiction to make such financial rules. However if op had collected a hair from the crook for fun the state judges could lawfully jail op because this could be twisted from civil to criminal case. Cops are under the emotions to sort things quickly.

    Just for fun, I took on one of the highest profiles lawyers. Took 5 years and only cost postage and court registrar visits. Now he had to re-measure his reproductive organ.

  • Moderatorscrimshaw on 16/05/2020 - 15:05

    Marked as solved as OP has decided what to do.

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