Bought a phone off eBay, blocked 4 months later

32
Found 15th Jan 2015
Managed to pick up a HTC One M8 in early September for about £300 which to be honest was a brilliant price at the time.
Didn't really suspect much considering it was sealed and fully unlocked which led me to believe that it wasn't part of a network therefore highly unlikely for someone to cancel their contract etc

Now no signal and have had a Checkmend report on it which confirms it has been "lost/stolen". I bought it just over 120 days ago but was wondering if there was really anything I could do or is it just a case of live and learn?

Anybody had any luck getting a chargeback in a similar case? I did pay fully with my debit card but have read that the protection is not as strong as a credit card. The eBay seller doesn't seem to be active as I was the last person to leave feedback for him from the transaction for this phone.
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AskiPhonePhones
32 Comments
I could be wrong, but i've seen similar posts on here and i don't think it will be a good outcome
EBay have a 180 day policy now I believe. File a claim.
Surely the police can get involved or fraud department,
bhara

EBay have a 180 day policy now I believe. File a claim.



The PayPal transaction page just mentions filing a case with eBay but eBay doesn't even find the item when I enter the item number
let the police Nw if it was sold By the owner he will be done for fraud a friend of mine sold a phone he bought from carboot sale and sold on eBay the police came nocking on his door
Yes as above ring 101 and explain your phone is blocked lost/stolen and then get in touch with ebay. They may be trying to claim on their insurance or something. Fishy either way.
Depends on debit card. Does your debit card have a VISA logo on it as some carry it now. Maybe worth checking with the police if this is a large scale fraud operation and ebay know about it. You bought the item in good faith so I assume it's still yours to keep. If this has happened to you then it has probably happened to others that bought from the seller so there is probably a case already open.

At worse you can always list it on the US ebay.
Did you pay through paypal but via debit/credit card
If so , Ring paypal on 0800 358 7911
I purchased a phone over ebay and the timescale had passed for a dispute
I rang paypal who resolved the problem
My phone was about 3 months old
If you login to paypal and go to contact you get a unique code which will identify you and your account
Or just ring the number above and go through security questions
Might be worth seeing if they purchased anything recently and contact the seller to whom and where the item was posted to , explain the situation to them
Hth
kester76

Depends on debit card. Does your debit card have a VISA logo on it as … Depends on debit card. Does your debit card have a VISA logo on it as some carry it now. Maybe worth checking with the police if this is a large scale fraud operation and ebay know about it. You bought the item in good faith so I assume it's still yours to keep. If this has happened to you then it has probably happened to others that bought from the seller so there is probably a case already open. At worse you can always list it on the US ebay.



Yep, got the VISA logo on it but the HSBC website doesn't really have anything in relation to a chargeback
momanisdabest

Reap it mate Reap it mate http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback <= looks like you're coveredYep, got the VISA logo on it but the HSBC website doesn't really have anything in relation to a chargeback

Bradleigh

Did you pay through paypal but via debit/credit cardIf so , Ring paypal … Did you pay through paypal but via debit/credit cardIf so , Ring paypal on 0800 358 7911I purchased a phone over ebay and the timescale had passed for a disputeI rang paypal who resolved the problemMy phone was about 3 months oldIf you login to paypal and go to contact you get a unique code which will identify you and your accountOr just ring the number above and go through security questionsMight be worth seeing if they purchased anything recently and contact the seller to whom and where the item was posted to , explain the situation to themHth



Only issue with this and calling 101 is that I don't have a working phone at the moment due to it being blocked. I'll buy a replacement ASAP and see what they say.
Oops re read it's got a 120 day clause
kester76



Thanks for that

But "complain to your bank/card provider within 120 days of the purchase, and ask to dispute the transaction"

I think it's just gone over by 6 days, worth trying my luck I guess
Check out Section 75 as it looks like a better option for you.
What's not covered by Section 75?

As always with these things, a few exceptions escape the safety net. First is anything to do with the purchase of land - this is controlled by regulation from the Financial Conduct Authority. But there's other purchases that escape the safety net too...

Goods/services bought through intermediaries - travel agent, group-buying sites, Paypal etc


You're unlikely to be covered when payments are made to a company that isn't the one providing you with the product or service. In these cases, the credit card company usually says it didn't have a direct relationship with the supplier, so isn't equally liable.

If you stand your ground, it's possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it's unlikely to be an easy task.

The first main area is paying via an online processor such as PayPal, WorldPay or Google Wallet. Though these can have their own refund systems, they aren't as strong as the legal protection of Section 75.
Broken vase
There have also been recent cases where people buying goods on Amazon through 'Marketplace' suppliers have been turned down for Section 75 claims by credit card companies. Some opinion says these SHOULD be covered, but it may be a fight to make it happen.

You could be covered paying through PayPal - but only with some sellers

For this, you need to look whether the company you're buying from has a 'Commercial Entity Agreement' with PayPal. If they do, and you paid by credit card, then you may still be able to make a section 75 claim. It's worth checking it out, but PayPal's Buyer Protection is likely to be simpler and faster. Leave Section 75 as a last resort if you can't get any joy from either the seller or PayPal.

Give it a go if Paypal mess you around.
kester76

Check out Section 75 as it looks like a better option for you.



Unfortunately used a debit card whereas that's more for credit cards
momanisdabest

Unfortunately used a debit card whereas that's more for credit cards



Yeah you're right, sorry I must of missed that bit. Awkward dance around just to get money back.
kester76

Yeah you're right, sorry I must of missed that bit. Awkward dance around … Yeah you're right, sorry I must of missed that bit. Awkward dance around just to get money back.



No worries, appreciate the help mate
Wait I think with chargeback they only start the 120 day countdown when you 1st become aware of the problem. Long shot but worth a try.

There is a 120-day limit on claims which starts "the day you are aware of a problem". When an airline goes bust, the countdown starts on the day that the flight was due to depart; when a retailer goes out of business the time limit starts "the day the cardholder is made aware that the supplier is unwilling or unable to provide the goods"

Sounds like an unpaid phone contract mate EE and Vodafone have a blacklist policy enabling them to blacklist the phone after a set time of non payments on the contract.
I've had a good few HTC One M8's in my ebay watchlist for around the 300 mark recently aswell, was going to buy one from Vodafone while they have the £289 offer for it on payg but the amount of people who have complained about the terrible service when ordering one off the website has put me off bothering with that. Then my attempts to buy one from several local Vodafone stores in Liverpool have all turned out to be a waste of time aswell and to top it off, The carphone warehouse website makes out that they do a pay as you go upgrade price match ONLY ABAILABLE IN STORE. and I went to my loval carphone warehouse to then be lied to and told they don't do no such thing. Why is it so hard to just biy the phone I want for under £300 without getting conned in some way!?
I know its a bit off subject but does anybody know if I got in touch with trading standards about the utter lies that the Vodafone and Carphone Warehouse stores are telling me to avoid selling me the phone that I would be able to get them to sell me it without the b**ls**t
did u use paypal?
if so, telephone ebay, not email nnor live chat. have ebay item no and paypal transaction on hand. u are covered under the new 180 day buyer protection rule. simples. no ifs no buts

let us know what ebay say
The seller has actually replied to a message I sent threatening to file a police report

"Hi. Can u send for me your phone number and we found out what to do. Because my fiend was buy this phones in the street from someone and just ask me to sell in ebay. He will call u and u tell him u want money back and u send him phone or what u want to do?"
prynolfc

I know its a bit off subject but does anybody know if I got in touch with … I know its a bit off subject but does anybody know if I got in touch with trading standards about the utter lies that the Vodafone and Carphone Warehouse stores are telling me to avoid selling me the phone that I would be able to get them to sell me it without the b**ls**t



not likely, big companies get away with conning us every day. trading standards has very little power against them.
momanisdabest

The seller has actually replied to a message I sent threatening to file a … The seller has actually replied to a message I sent threatening to file a police report"Hi. Can u send for me your phone number and we found out what to do. Because my fiend was buy this phones in the street from someone and just ask me to sell in ebay. He will call u and u tell him u want money back and u send him phone or what u want to do?"




jesus. Don't do that. Ring eBay direct and get them to open up a case.
start a claim with paypal go to resolution and copy and paste the ebay item number in resolution part it should come up with the item then start resolution its a bit trick and a bit fiddly as paypal try to redirect you to ebay each time but it can definitively be done using paypal.
in fact it even easier than i thought iv just had a look and all your items will be bullet pointed once you click Resolve a problem in the Resolution Centre and the next page just click dispute a transaction it a orange tab .Now just click on the bullet point that your item is you may have to play with the dates at the top to find your item.
it will then take you to a screen with a big ebay logo saying have a problem with ebay is hear to help. dont click that big advert look under it and it says "you can also open a dispute in paypal or return to resolution center" click dispute in paypal link.
you than get a page that says
Reason for Dispute
Most disputes can be resolved through open communication with your seller. You can use the Resolution Centre to open a dispute with a seller within 180 calendar days of payment.

just click bottom bullet point that says
I received my item, but it is significantly not as described. For example:
The item was damaged or defective.
The box was empty.
The order was incomplete.

keep following instructions you will be asked to describe whats wrong and so on



Edited by: "larrylightweight" 16th Jan 2015
as someone has said, what's happened most likely is the phone has been blocked due to non-payment of contract.
this is the real downside of buying 2nd hand phones (and why i would only ever recommend smartfonestore to all the people who constantly ask me to source cheap phones).

as also said, paypal is outside of S75 but does have its own similar rules. S75 is CC only whereas i think paypal protection covers all methods of payment.

i would first and foremost speak to paypal to see what their opinion is. i would also speak to eBay. you may have some joy
their story of their friend buying it in the street is a bit suspect.
they don't need your phone number for anything.
i would push for a refund and tell them to recover the money from their friend, otherwise the police will be after them for handling stolen goods and you will take civil action in the small claims court. detail the costs they will incur when they lose this (£300 to you, cost of temporary replacement, court fees etc), and that they can at best hope for a police caution if this is their first offence. these are potential outcomes. not sure how likely, but don't tell them that (_;) you're due a refund and only have a few cards to play.
larrylightweight

in fact it even easier than i thought iv just had a look and all your … in fact it even easier than i thought iv just had a look and all your items will be bullet pointed once you click Resolve a problem in the Resolution Centre and the next page just click dispute a transaction it a orange tab .Now just click on the bullet point that your item is you may have to play with the dates at the top to find your item.it will then take you to a screen with a big ebay logo saying have a problem with ebay is hear to help. dont click that big advert look under it and it says "you can also open a dispute in paypal or return to resolution center" click dispute in paypal link.you than get a page that says Reason for DisputeMost disputes can be resolved through open communication with your seller. You can use the Resolution Centre to open a dispute with a seller within 180 calendar days of payment.just click bottom bullet point that says I received my item, but it is significantly not as described. For example:The item was damaged or defective.The box was empty.The order was incomplete.keep following instructions you will be asked to describe whats wrong and so on



Oh my! Just followed your steps and it seems like PayPal has my back!

I'll wait to see the outcome of the PayPal case before calling you a legend but you're not far from it at the moment.
Edited by: "momanisdabest" 16th Jan 2015
momanisdabest

Oh my! Just followed your steps and it seems like PayPal has my back! … Oh my! Just followed your steps and it seems like PayPal has my back! 8)I'll wait to see the outcome of the PayPal case before calling you a legend but you're not far from it at the moment.




They do make it hard as they seem to prefer you to use ebay for solutions hence the big advert...But paypal solutions is i think stronger than ebay it dose take a little longer and dont for get to escalate when they ask but you will get there and GOOD LUCK
Once it gets close to a solution, the seller may contact you and offer you a refund, on condition that you close the dispute. Whatever they offer you, don't close the dispute, as once it's closed, it can't be opened again. They could offer a refund, and a replacement, and the world on a stick. You accept thr deal, close the dispute, then they can go back on their word, knowing that the dispute is closed. Stay with it until the end, no matter what they offer.
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