Stolen Phone Insurance Scam
Discussion
So back in December I bought an unused factory sealed iPhone off a seller on Facebook marketplace. Cash in hand sale no receipt provided. Silly of me, I know.
The phone was locked to EE network. A few days after I bought it, I found out that as it was a new phone, EE could only unlock it once 6 months had passed. I mulled over this, considered keeping it for 6 months but decided to put it up for sale on Gumtree. Accepted a small hit money wise and sold it.
Fast forward to this month and the person I sold it to got in touch with me to say the phone has become blacklisted due to a lost/stolen insurance claim having been made last month (I presume made by the person I bought it off). EE have forwarded the details of the insurance company to the person I sold it to, who will ‘report this to them and they will prosecute’. The person I sold it to clearly believes I’m the one who has scammed them.
So where do I stand in all of this? I explained the situation and provided screenshot evidence of the original seller’s Facebook marketplace listing. Obviously I had no idea the phone was going to be reported as lost/stolen for an insurance scam.
Do I, out of courtesy, just pay the buyer back the money I sold it for?
The phone was locked to EE network. A few days after I bought it, I found out that as it was a new phone, EE could only unlock it once 6 months had passed. I mulled over this, considered keeping it for 6 months but decided to put it up for sale on Gumtree. Accepted a small hit money wise and sold it.
Fast forward to this month and the person I sold it to got in touch with me to say the phone has become blacklisted due to a lost/stolen insurance claim having been made last month (I presume made by the person I bought it off). EE have forwarded the details of the insurance company to the person I sold it to, who will ‘report this to them and they will prosecute’. The person I sold it to clearly believes I’m the one who has scammed them.
So where do I stand in all of this? I explained the situation and provided screenshot evidence of the original seller’s Facebook marketplace listing. Obviously I had no idea the phone was going to be reported as lost/stolen for an insurance scam.
Do I, out of courtesy, just pay the buyer back the money I sold it for?
AI1694 said:
So back in December I bought an unused factory sealed iPhone off a seller on Facebook marketplace. Cash in hand sale no receipt provided. Silly of me, I know.
The phone was locked to EE network. A few days after I bought it, I found out that as it was a new phone, EE could only unlock it once 6 months had passed. I mulled over this, considered keeping it for 6 months but decided to put it up for sale on Gumtree. Accepted a small hit money wise and sold it.
Fast forward to this month and the person I sold it to got in touch with me to say the phone has become blacklisted due to a lost/stolen insurance claim having been made last month (I presume made by the person I bought it off).
Or maybe more likely by the original owner your Facebook seller stole it fromThe phone was locked to EE network. A few days after I bought it, I found out that as it was a new phone, EE could only unlock it once 6 months had passed. I mulled over this, considered keeping it for 6 months but decided to put it up for sale on Gumtree. Accepted a small hit money wise and sold it.
Fast forward to this month and the person I sold it to got in touch with me to say the phone has become blacklisted due to a lost/stolen insurance claim having been made last month (I presume made by the person I bought it off).
Countdown said:
That would be the decent thing to do, but I don't think it will necessarily stop the insurance Company coming after you.
Coming after me? When I’m not the one who made the claim? Unless I can tell the future, how was I to know that 3 months down the line it was going to be blacklisted. I bought and sold the phone in good faith. AI1694 said:
Do I, out of courtesy, just pay the buyer back the money I sold it for?
Totally your call, but as you were unaware of the phone's stolen status I don't believe you have any liability. You bought and sold in good faith.I'm surprised EE didn't tell you it was marked as stolen when you wanted to unlock it (assuming you told them the IMEI number at that time)
I can't see the insurer being able to make any claim against you either for the same reasons of good faith.
IANAL.
Pothole said:
Totally your call, but as you were unaware of the phone's stolen status I don't believe you have any liability. You bought and sold in good faith.
I'm surprised EE didn't tell you it was marked as stolen when you wanted to unlock it (assuming you told them the IMEI number at that time)
I can't see the insurer being able to make any claim against you either for the same reasons of good faith.
IANAL.
The phone was blacklisted last month, so 3 months or so after I sold it. A lost/stolen insurance claim was made presumably by the person I bought it off or maybe someone before him. But NOT by me. Obviously when I sold the phone I had no idea that such a thing was going to happen. I'm surprised EE didn't tell you it was marked as stolen when you wanted to unlock it (assuming you told them the IMEI number at that time)
I can't see the insurer being able to make any claim against you either for the same reasons of good faith.
IANAL.
Countdown said:
That would be the decent thing to do, but I don't think it will necessarily stop the insurance Company coming after you.
Not sure they are really going to be that bothered about a small claim for a phone or that they would be likely to try and claim back from the OP or anyone else for that matter. I think the loser in this most likely to be the chap who has it now AI1694 said:
Pothole said:
Totally your call, but as you were unaware of the phone's stolen status I don't believe you have any liability. You bought and sold in good faith.
I'm surprised EE didn't tell you it was marked as stolen when you wanted to unlock it (assuming you told them the IMEI number at that time)
I can't see the insurer being able to make any claim against you either for the same reasons of good faith.
IANAL.
The phone was blacklisted last month, so 3 months or so after I sold it. A lost/stolen insurance claim was made presumably by the person I bought it off or maybe someone before him. But NOT by me. Obviously when I sold the phone I had no idea that such a thing was going to happen. I'm surprised EE didn't tell you it was marked as stolen when you wanted to unlock it (assuming you told them the IMEI number at that time)
I can't see the insurer being able to make any claim against you either for the same reasons of good faith.
IANAL.
I don't see any reason why you would think you need to give anyone any money.
OverSteery said:
You paid cash for a phone from a bloke from Facebook that you had never met?
Did you really not think you were handling stolen?
What a daft daft post, I’ve sold plenty of stuff on Facebook, eBay etc all to people I’ve never laid eyes on, oh.....and none of it was stolen Did you really not think you were handling stolen?
I don’t understand how it has been subject to a successful insurance claim if it was brand new, sealed and unused?
I used to work for the blue network in customer services (a long time ago, mind) and the first check for any insurance claim was that the phone had been used with the SIM for the account. No use, no claim. Presumably to stop this exact scenario...
I used to work for the blue network in customer services (a long time ago, mind) and the first check for any insurance claim was that the phone had been used with the SIM for the account. No use, no claim. Presumably to stop this exact scenario...
Toaster Pilot said:
I don’t understand how it has been subject to a successful insurance claim if it was brand new, sealed and unused?
I used to work for the blue network in customer services (a long time ago, mind) and the first check for any insurance claim was that the phone had been used with the SIM for the account. No use, no claim. Presumably to stop this exact scenario...
My insurance doesn't ask that.I used to work for the blue network in customer services (a long time ago, mind) and the first check for any insurance claim was that the phone had been used with the SIM for the account. No use, no claim. Presumably to stop this exact scenario...
Toaster Pilot said:
Pothole said:
y insurance doesn't ask that.
There were no questions asked, I would check the status of the phone and SIM using the internal systems before passing the call to the insurer, with the customer on hold. Pothole said:
My insurance is through my bank. I'm pretty sure they're not party to that information as I would expect my mobile service provider to withhold it under GDPR. How long ago were you in this job?
The OP’s talk of the network passing on details suggested it was insurance provided by them (as this was)It was 10+ years ago but I doubt the process has changed - it was a great protectant against this type of fraud.
Toaster Pilot said:
Pothole said:
My insurance is through my bank. I'm pretty sure they're not party to that information as I would expect my mobile service provider to withhold it under GDPR. How long ago were you in this job?
The OP’s talk of the network passing on details suggested it was insurance provided by them (as this was)It was 10+ years ago but I doubt the process has changed - it was w great protectant against this type of fraud.
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