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    i was sold a stolen Iphone 5S on ebay, i handed it to police but ebay is forcing me to send it back to seller

    I was sold a blacklisted stolen iphone 5s on ebay, i paid via Paypal and i believe the item is protected by ebay protection and paypal,

    Ebay is saying i should sent the phone back to seller in order for me to get the money back, i disagree with that as the seller will sell it to someone else and i don't want someone else to suffer.

    Police disagree with Ebay and have asked me to hand the phone over to them which i did they will be investigating the case.

    I have informed ebay that the phone is with police also provided them crime reference number, and police property log number.

    however ebay doesn't seem to care and are insisting that i must sent the phone back.even though they have received CheckMend report as well which says clearly its a stolen phone.

    police is saying they cant return the phone back (which i don't want them to)

    Why it has become so difficult to do the right thing?

    54 Comments

    http://www.ebay.co.uk/gds/Buying-goods-that-do-not-belong-to-the-seller-UK-Law-/10000000004639785/g.html

    Not sure when this was written but assume by your experience the information is still relevant. Paypal's policy for situations involving stolen goods is illegal but I don't know what the best way to pursue it is. Maybe request a written summary of the situation / law from the police and email it to Paypal saying that you expect a refund as retuning the item to the seller is against the law?

    Phone paypal.

    yeah go the whole hog with them saying what they are asking you to do is illegal and unless you are refunded you will tell the police that ebay are not interested in the law

    Send them a brick in a box.

    It's true,but wrong that these massive company's seem to be above the law & don't need to abide by the law & actually openly tell buyers & sellers to break the law.

    You'll be better off with PayPal. Pretty sure it's illegal to send (and therefore return) stolen items via Courier anyhow, though I may be wrong on that one.

    dcx_badass

    Remind eBay it's illegal to post stolen goods. But I'd not have given the … Remind eBay it's illegal to post stolen goods. But I'd not have given the phone away before I had my money back, that's common sense.

    That's because you know ebay/paypal won't refund you & so are as good as telling you that you must break the law if you want a refund.
    Is it illegal to encourage someone to commit a crime? AKA "solicitation" or "incitement." :-/

    Similar thing happened to me with counterfeit goods.

    eBay refused to refund unless I returned the item.

    I bought Beats headphones from eBay and they turned out to be fake, I got a full refund and also a letter from American government telling me if I tried returning these goods I would be prosecuted for sending counterfeit goods into the USA haha

    It's a crazy situation. PayPal and eBay are using their corporate powers illegally and leaving innocent buyers stranded. The whole of eBay is full of scammers and thieves and eBay and in particular PayPal is standing on the sidelines allowing (and in some ways encouraging) this to take place.

    In the UK you are not allowed to post counterfeit or stolen items. So if you receive a stolen or counterfeit item you cannot send that back by law. However, PayPal will not refund you until you have sent the item back, even if you can prove that the item is stolen (e.g. crime reference number and a report that the police are in possession of the item as evidence).

    You also have the scammers from China that send shoddy goods that fall apart when they arrive and almost always nowhere near as described, PayPal won't refund you but expect you to return the item by trackable means. The cost of doing this is usually more than the item itself. So you end up losing money because of eBay and PayPal's illegal policies.

    I think both eBay and PayPal european operations are registered in Luxembourg so trying to get them to abide by English Law is impossible.

    A class action must be pursued by buyers affected by eBay and PayPal and their policies of allowing thieves to steal from innocent buyers.

    and the moral of the story is... 1. ebay doesnt give a poop about its customers 2. don't buy 2nd hand mobiles without a warranty without knowing its risky. you could gave done an imei check before purchasing.

    as horrible as it sounds, you should of sent it back....Ebay do this for one simple reason

    Police give crime numbers out like candy, so if they accepted that as evidence there would be a whole new scam opening up, and it would require paypal to get in touch with police

    which we all know will not be appreciated by the cops

    ergo.... you should of just sent it back

    Try contact paypal instead of ebay, just read an old post on their forums, about stolen item and return costs.(reply is from one of their admins)

    "Typically, in the situation of stolen goods, an item is confiscated, and the need for return is not even a question. By filing the police report, there is a legal record of the claim of receipt of stolen goods, and generally no item to return after that point. With the appropriate verifiable documentation of the confiscation, the original transaction amount can be refunded. In a situation where the item is still in your possession and being returned, the return cost is not part of the original transaction."

    Original Poster

    zooby

    Phone paypal.



    i did they transferred my cal to ebay

    Banned

    Send them an empty box by recorded delivery.

    Original Poster

    just spoke with police they said they will call ebay. lets see

    hound them when ovivo went down paypal tried to tell me to claim through my card with the bank bank sed they would try get my money back went home and opened full case it was only £20.00 but a lot of money to me,i let my bank argue it out with paypal 2 weeks later received my money as I had hounded them every day, the phone call is free through yr PAYPAL GOOD LUCK THOUGH COS THEY TRY TO TREAT the buyer like fools with all the jargon that they spill to you

    Banned

    Sell it to the police.

    all you should need for paypal is the crime reference number the police have given you. (the URN)

    athunder

    Try contact paypal instead of ebay, just read an old post on their … Try contact paypal instead of ebay, just read an old post on their forums, about stolen item and return costs.(reply is from one of their admins)"Typically, in the situation of stolen goods, an item is confiscated, and the need for return is not even a question. By filing the police report, there is a legal record of the claim of receipt of stolen goods, and generally no item to return after that point. With the appropriate verifiable documentation of the confiscation, the original transaction amount can be refunded. In a situation where the item is still in your possession and being returned, the return cost is not part of the original transaction."



    except they are not abiding by this.

    humadoon

    i did they transferred my cal to ebay



    in your defense. my instinct would have been to hand in to police, along with the seller's contact info. next step... brick through their window next time your in their neighborhood? ;0 (yes i realise it's probably a spotty 14 year old who still lives with his mum, thinking he's a 'proper gangsta'.).

    Out of interest, has ebay locked his/her account?

    Original Poster

    fuhu78888

    in your defense. my instinct would have been to hand in to police, along … in your defense. my instinct would have been to hand in to police, along with the seller's contact info. next step... brick through their window next time your in their neighborhood? ;0 (yes i realise it's probably a spotty 14 year old who still lives with his mum, thinking he's a 'proper gangsta'.). Out of interest, has ebay locked his/her account?



    I wish ebay had blocked his account, ebay doesn't seem to be bothered at all. on other hand i manage to trace sellers details his facebook account, linked in, pictures etc all reported to police..

    humadoon

    I wish ebay had blocked his account, ebay doesn't seem to be bothered at … I wish ebay had blocked his account, ebay doesn't seem to be bothered at all. on other hand i manage to trace sellers details his facebook account, linked in, pictures etc all reported to police..



    wow, unbelievable. i've had an account suspended for much less - basically sharing a paypal account with my partner! they are a joke.

    good sleuth work. if it was me, i'd have sent a linked in message to all his contacts letting them know he's dealing in stolen goods.

    good luck getting your money back, i'm sure you will eventually. maybe write a little note to a local newspaper about it... (remember the guy who paid £400 for a picture of a PS4 just before Xmas got his money back, AFTER going to the press).
    Edited by: "fuhu78888" 14th May 2014

    eBay are a joke, this kind of issue is why I don't use them anymore. Sorry to hear the situation, they don't seem to understand or care about the legalities of what that are telling you to do. Ass clowns.

    Original Poster

    fuhu78888

    wow, unbelievable. i've had an account suspended for much less - … wow, unbelievable. i've had an account suspended for much less - basically sharing a paypal account with my partner! they are a joke. good sleuth work. if it was me, i'd have sent a linked in message to all his contacts letting them know he's dealing in stolen goods.good luck getting your money back, i'm sure you will eventually. maybe write a little note to a local newspaper about it... (remember the guy who paid £400 for a picture of a PS4 just before Xmas got his money back, AFTER going to the press).



    Thanks i won't depart from my hard earn money, i will fight .. thanks for the tips i will let police deal with him.

    fuhu78888

    wow, unbelievable. i've had an account suspended for much less - … wow, unbelievable. i've had an account suspended for much less - basically sharing a paypal account with my partner! they are a joke. good sleuth work. if it was me, i'd have sent a linked in message to all his contacts letting them know he's dealing in stolen goods.good luck getting your money back, i'm sure you will eventually. maybe write a little note to a local newspaper about it... (remember the guy who paid £400 for a picture of a PS4 just before Xmas got his money back, AFTER going to the press).



    OP could contact local paper, would make a good story, "eBay scam victim told to break the law by....eBay!".

    Small claims court costs penny's & they will settle out of court due to bad publicity.

    Steve Mac

    OP could contact local paper, would make a good story, "eBay scam victim … OP could contact local paper, would make a good story, "eBay scam victim told to break the law by....eBay!".



    EXACTLY.

    WheresMeNuts

    Small claims court costs penny's & they will settle out of court due to … Small claims court costs penny's & they will settle out of court due to bad publicity.



    The claim would be against the seller though, not ebay i believe.

    Original Poster

    fuhu78888

    EXACTLY.



    you will see my story in newspapers soon

    Well done you did the right thing handing it over to the police
    Those stupid phone thieving scums
    Edited by: "eloo" 14th May 2014

    I bought a DVD box set on eBay which turned out to be counterfeit. The Buy it Now Price wasn’t so low that I was suspicious and his feedback was 100%. I asked for a full refund and for him to pay the return postage and he refused the latter. So I returned it and took the return potage cost as a loss.
    He admitted via an eBay message that it was counterfeit and since he was selling a lot of DVDs I reported him to eBay. They didn’t impose any sanctions on him as far as I could tell even though he admitted to his crime on a message that they could read. They clearly don’t care.

    eBay & Paypal doesn't care about people selling fakes as long as they get commission from it

    humadoon

    you will see my story in newspapers soon



    Take them to the cleaners. At least Amazon make an effort despite dodging tax.

    Just like to come along and say

    I have been using eBay & Paypal for 5+ years and never had a problem

    Trouble with PayPal they are judge and jury no appeal , i had proof of posting back to the seller with a item that was not as described , they said i sent it back to early got lost in post no refund , you are better off saying you never received it .

    Banned

    you can always contact your bank issuer as explain the situation if paypal fails.
    tell them that you where sold something which was 'not as described' and theyll open a case
    youll have to fill in some form at least that way you get your money bank and have done the right thing by handing the phone over to the police.


    Banned

    @kilo12kc

    Your suggestion makes sense but I can imagine if the card issuer forced paypal to return the money that they would be petty enough to suspend your paypal account or something. Paypal is a valuable tool to have in todays society.

    hasj2

    Just like to come along and sayI have been using eBay & Paypal for 5+ … Just like to come along and sayI have been using eBay & Paypal for 5+ years and never had a problem


    how many stolen items have you purchased?
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