| Author |
Topscooby traded me a phone which has become blocked. |
Dogmann
Joined: Jan 29, 2006
Posts: > 500
From: London England
PM |
Hi all,
As i have already tried to make it as clear as possible so i will try and suggest the only way i can see to try and resolve this issue amicably as after all i do believe this is what every one involved would like to see.
Firstly the only person that can report it to the Police, E-Bay and Pay Pal is TopScooby as he is the only person that has proof of purchase from the original seller. Now if he was just selling a single phone and not a trader he would have to have to suffer the loss while refunding Mike and write it off. If he is a trader he will have to take it as a loss against profits already made and try and recover his losses from the original seller or more trades as that is just good business practice. As if not you will have ruined your reputation here as a trusted trader which i think must be worth more then the sum involved as i doubt any one would risk a trade with you ever again.
Mike you also need to return the phone to TopScooby as currently you are handling what appears to be stolen property which is a greater offence then actually stealing it. Now if TopScooby is unwilling to resolve the issue with Mike his only option will be to take it to the Police and report TopScooby as the seller of what now appears to be a stolen phone and here it could well get very messy and unpleasant for all involved.
If the seller is still registered or not with E-Bay they will be compelled to give the Police all his registration information plus bank account details and if he is a Power Seller i wonder if he has reported this additional income to the Inland Revenue. If as TopScooby says so far he has failed to respond to any of his E-mails or messages i would inform him that in a final message and marked as such that you have now had the phone returned to you and have had to reimburse the buyer and unless he is prepared to resolve the issue with you, you will have no other option than to report the matter to the Police. Which unless he is a complete scumbag or moron should make him see sense.
So yes TopScooby you will have lost the value of the phone and have to try and make this money back but IMO morally this is what you are obliged to do, you may not like it and it may be painful but IMO it is definitely the right thing to do. I am sure if the position was reversed you would expect the same treatment would you not?
Lastly as the only positive i could say to you is just think how this would enhance your reputation here as a trusted seller and someone that can be trusted to always do the right thing for any of your buyers which i am sure would result in you being able to get slightly more for anything you sold as people would know where they stand if there is a problem. So whilst any loss is hard to take I'm sure you could be make it back in a relatively short time. Obviously this is only my suggestion of how to resolve the issue and only you can decide what you are going to do but i would suggest thinking hard about what is right thing to do and all the consequences of your actions.
Marc
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*Jojo*
Joined: Oct 15, 2003
Posts: > 500
PM |
I just made a READ-through with all of the POSTS here from page 1 to 5 (as of presstime . . .). I made a very CAREFUL observation with those of: Mike P., Topscooby, Peterkay and YES - Dogmann ! I agree with the latter's reply . . .
Since it's an all-star-Esatonian show here, minus the original owner of the Nokia 8800 though (where Topscooby bought it . . .).
My conclusion is that: First move, Peterkay should refund/return the  W950i (Mike P.'s) from - Topscooby, then Topscooby MUST return/refund all necessary original transactions they HAD last year with Mike P. . . . then it's TOPSCOOBY's duty now to have the MATTER, reported to the proper authorities or if a BETTER idea comes up . . . This is the FAIREST-solution-share that everyone can GET 
I just hope that - Peterkay still HAS - Mike P.'s W950i 
[addsig] |
Miss UK
Joined: Jan 11, 2003
Posts: > 500
PM |
I bought a 7250i from somebody off here that turned out to be blacklisted aswell, I sent it back and got my cash back tho the guy didn't know what happened by it 
it messed my sim card up tho wasn't pleased bout it nevertheless things were ok when I got a replacement 
I dunno what to say it's a awkward position,
your best bet is perhaps sell it to someone else in another countries where it will work, ive seen auctions on ebay with blocked phones but they're sold to other countries cos they wont work in the Uk!
either that you can sell it for spares 
hope that helps
An "Apple" a day keeps the Doctor at Bay! |
Mike.P®
Joined: Sep 23, 2004
Posts: > 500
PM |
At the end of the day we all know what can be done with the phone but taking that way out would surely be more upsetting to Topscooby than him taking the phone back as he seems more than a little keen to point out the legal side of the problem when arguing against refunding my money.
If he is saying he should not have to pay me back as he would then be handling goods involved in a fraudulent claim (even though I have no involvement with the initial purchase and have no way of going after the original seller) then I cannot see that the problem should be solved by what could be classed as another "iffy" transaction.
I have though had a few pms from members here interested in the phone so we shall see, but obviously I will have to take a loss if any deal is made.
This also affects the integrity of every seller here in a roundabout way
because if Topscooby can just walk away from this sorry saga without even making a contribution to the loss then really the A-Z of sellers means nothing at all because he is a highly rated buyer/seller and I for one will not be doing any more buying from people on this forum. When it comes right down to it I have more chance solving a problem if I buy a phone from Ebay than here .. which is a very sorry state of affairs.
Personally I have sold phones that have gone on to be blocked and have ALWAYS refunded the buyer and then on to solve the problem myself, not always with the nicest of methods I admit, but always with results and it seems every other person on this thread that has had the same thing happen to them has also been refunded by a seller doing the right thing.
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goldenface
Joined: Dec 17, 2003
Posts: > 500
From: Liverpool City Centre
PM |
Right heres my view. If Topscooby knew that the phone would be blocked then its my guess that he probably wouldn't of sold it on, so really you are both victims. You should split your losses and try and get your money back via the proper channels. Mike, unless you think Topscooby knew he was selling you a dodgy phone then you shouldn't really block his. So thats what it boils down to. What do you think?
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[ This Message was edited by: goldenface on 2007-02-17 10:13 ] |
Mike.P®
Joined: Sep 23, 2004
Posts: > 500
PM |
I have already said that I am not going to block the W950i and that I will take a contribution towards my loss.
What more can I do?
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lemmy31
Joined: Jul 06, 2004
Posts: > 500
From: Swadlincote
PM |
I've been hanging around this forum since the days of the t68m, dont really contribute posts to any section apart from the phones for sale area, but reading this thread compelled me to reply.
At the end of the day, surely regardless of the situation in the eyes of the law or any other situation its all down to RESPONSIBLITY.
We all come here for information and help and sometimes to trade and sell handsets and we all have to be sure that if this situation arises again,as it will.....that we all take resonsibility for the items we sell or trade.We all buy, sell and trade phones regularly and cannot be sure that all the handsets we get are never going to get barred/ blocked etc, the business we all do in the for sale section is based on trust and if we are not going to stand up and be counted when things go wrong then the whole ethos of the site is brought into question.
We all have to forget the eyes of the law stance and do whats RIGHT, hope you get this sorted Mike.
Craig
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goldenface
Joined: Dec 17, 2003
Posts: > 500
From: Liverpool City Centre
PM |
Surely, being able to sort out problems without going down the legal route is what makes trading here a good alternative, eh Scoob? just my opinion. . .
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Adi23
Joined: Dec 29, 2004
Posts: 173
PM |
Whether TopScooby knew it was blocked or not is irrelevant and let's face it more than likely he did know it was blocked.
Mike needs to be refunded, there is no question about it. TopScooby sold him a phone which was not as described.
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dougproctor
Joined: Jan 07, 2004
Posts: > 500
From: Gosport, UK
PM |
Adi23, that is probably not true about he knew it was blocked. Phones get blocked up until about a month or so after they've been traded. Depends when the seller reports it as stolen/lost etc. I would take that back and apologise.
I agree with you about the refund, that should happen. It's not Mike's fault, it rests with his seller and the ebay seller before him.
Doug
[ This Message was edited by: dougproctor on 2007-02-18 08:59 ] |
Berry
Joined: Dec 09, 2005
Posts: > 500
From: UK
PM, WWW
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I genuinely feel sorry for both parties, but unfortuately there remains both a moral stance and a legal stance. And it seems now that is where this all stands....
My understanding is:
...neither parties hold "Title" to the phone. That either remains to the very frst owner of the phone, or if the phone has been reported stolen, then the insurance company who has paid out on it are the legal owners, and unfortunately no one in the chain is in a position to do very much...no matter what has been paid where and how and with what proof.
And before anyone jumps on the "who's side are you on" bandwagon, I am just merely stating the legal standing...and not my opinion!
It a real shame for everyone involved apart from the idiot that barred the phone in the first place.
Good Luck in finding an agreable solution.
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[ This Message was edited by: tmag2005 on 2007-02-18 09:12 ] |
Mike.P®
Joined: Sep 23, 2004
Posts: > 500
PM |
Well rather than face up to his responsibilities like a man and contribute something to my loss it seems Tobscooby has decided to skulk away and wash his hands of the problem completely.
I have heard nothing from him at all so would presume he is not going to do anything to help even though he has the money from the sale of MY W950i to Peterkay and I have a blocked phone.
I wonder if he would be so "ethical" if it had been the other way around .. somehow I doubt it but there you go, it must be nice to use your own interpretation of the law to walk away from something you are involved in with no cost to yourself.
Looks like I will have to get satisfaction another way.
Thanks to everyone who sent a PM of support and offering help .. and everyone on the thread who gave an opinion .. whatever it was
Please leave this open just in case .. although I don't hold out much hope to be honest.
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Miss UK
Joined: Jan 11, 2003
Posts: > 500
PM |
Topscooby, just refund the cash back jeez!
An "Apple" a day keeps the Doctor at Bay! |
luigithfc
Joined: Sep 17, 2005
Posts: > 500
From: North London
PM |
i think you desreve to block YOUR w950i as he has given you a blocked and expensive phone. Then he will be in the same situation as you are in now but with peterkay wanting a refund... I think it's fair...
or you could agree the value of the phone and you should sell it and topscooby should pay you the difference. Or something like that...
but if he is ignoring you then you should do something about it.
Feedback +34
T.H.F.C. |
leeboy13
Joined: Sep 28, 2005
Posts: > 500
From: Brissle - dodgy accients
PM |
personally, id refund the money to Mike P...... thing is Topscooby theres more than enough willing people on here who would have (im sure) helped you gte your original problem....
or worst case scenario id try and meet somewhere in the middle eg: sell the blocked phone and both of you split the costs, at least that way, one person alone aint getting ripped off... and although in my opinion neither party is to blame, id also say neither party is right... therefor come to a mutual agreement and keep esato a safe place to trade
a sort of simular situation happened between myself and LukeBonathan in which an item i sent him broke after minimal use...... we sorted all this out ourselves and probably both ended up slightly out of pocket but at least one of us didnt feel cheated... (well i hiope you didnt luke )
all the best Mike P and Topscooby
living the dream! |
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Posted: 2007-02-17 01:52
