Sold a duff phone on Ebay?

[ZrByte]

Originally Posted by zing

Isn't the fact that he is offering a Blackberry Storm 9500 and you get a TV 950 enough for it to be fraud /receiving cash by deception ?

He does not say its like a Blackberry Storm 9500 he says it is

Sometimes a different name doesn't mean a different product though. Take the o2 xda mini s, aka htc Wizard, aka Imate Kjam, AKA mda something or other.
In this case of course you are completely right as it isn't even the same product by a different name. I suppose this would be like ordering one of the older Iphones and getting an LG viewty.

---------- Post added at 11:28 ---------- Previous post was at 11:26 ----------

Originally Posted by harmitage

Definitely different. One with 3.2MP camera and the other with 8 MP jumped out at me straight away.

Don't they both have 8mp? I must have miss read somewhere if not.

[LondonRoad]

Originally Posted by ZrByte

Sometimes a different name doesn't mean a different product though. Take the o2 xda mini s, aka htc Wizard, aka Imate Kjam, AKA mda something or other.
In this case of course you are completely right as it isn't even the same product by a different name. I suppose this would be like ordering one of the older Iphones and getting an LG viewty.

---------- Post added at 11:28 ---------- Previous post was at 11:26 ----------



Don't they both have 8mp? I must have miss read somewhere if not.

From your link:

Standby Time 360 Hours
Digital Camera Resolution 3.2 Megapixels
Digital Camera Zoom 2x Digital Zoom

[alferret]

As he has defrauded you out of £255 quid, tell him that if he does not refund the money within 4 working days you'll contact the police as well as putting in the claim with paypal. It has already been stated here that its clearly a misrepresentation of an item in order to fraudulently acquire money by deception.

[smicer07]

Thanks guys, I've emailed him, he said that I have to send the item back before he will refund me. Obviously I'm not going to do this so I have said to him I will contact police and put a claim in with Paypal.

[Sirius]

Originally Posted by smicer07

Thanks guys, I've emailed him, he said that I have to send the item back before he will refund me. Obviously I'm not going to do this so I have said to him I will contact police and put a claim in with Paypal.

Let us know what he does. I have a feeling your money will be returned sooner rather than later

[royaltiger]

I think you will find that you have to send the item back, otherwise you will not get anywhere as you have the item you paid for, and he will say he is not giving the money back until he recieves the goods, also he needs to know the goods are also not damaged in anyway. Obviously you will get your money back but not until you send back the item, If you bought from a shop and complained, you would not get your money back if you left the item at home, you would have to bring the item back to the shop for a refund.

[Wayfair]

He hasn't got the item he paid for royaltiger and I doubt very much a shop would sell you a completely different item and hope you wouldn't notice..

[Kymmy]

Originally Posted by Wayfair

He hasn't got the item he paid for royaltiger and I doubt very much a shop would sell you a completely different item and hope you wouldn't notice..

Actually they do..

We ordered two PHACT X2 tents from a very large online retailer, they didn't have any in stock so just fobbed us off with two PHAD x2 tents (a cheaper tent which is lesser quality.) The company has phobbed us off even to the point of getting the manufacturers involved. It's only now 4 months later that we're finally getting somewhere with the parent company finally taking some action..

[royaltiger]

[QUOTE=Wayfair;34846438]He hasn't got the item he paid for royaltiger QUOTE]
But he has received an item that WILL have to be returned before a refund is handed over

Originally Posted by Wayfair

and I doubt very much a shop would sell you a completely different item and hope you wouldn't notice..

my reference to a shop was they will not refund you any money until they recieve back the goods they sold. I dont know of anyone that would let you keep the goods and then give you a refund

[Kymmy]

Originally Posted by royaltiger

my reference to a shop was they will not refund you any money until they recieve back the goods they sold. I dont know of anyone that would let you keep the goods and then give you a refund

Correct, very few places will do that... The only one I found was Novatech when they sent me the incorrect motherboard on an ebay buy. (they sent an asus 939 instead of an asus sli am2) to thier credit they sent me a new board and told me to keep the other one as well

[cookie_365]

Originally Posted by royaltiger

my reference to a shop was they will not refund you any money until they recieve back the goods they sold. I dont know of anyone that would let you keep the goods and then give you a refund

I'm not a lawyer, but if I was in the OPs shoes I would point out to the seller that under the Distance Selling Regulations 2000 I'm entitled to keep any unsolicited item sent to me - such as this 'TV 950' phone which I never ordered - with no obligation to pay for it. Oh, and while I'm emailing, on a completely unrelated topic, I seem to be still waiting for the Blackberry I ordered. If you're not going to send that, I'll have a refund please.

[smicer07]

Just an update, I got my cash back after I threatened him with police action. I think he pooed himself.

[Mick Fisher]

That's good to hear.

Hopefully he will think twice before trying it on again.

[Sirius]

Originally Posted by Mick Fisher

That's good to hear.

Hopefully he will think twice before trying it on again.

He will just carry on scamming till someone does get the police in. E'scam will do nothing about it as such till there neck is on the line or they don't get there payment.

[Tinky]

Originally Posted by smicer07

Just an update, I got my cash back after I threatened him with police action. I think he pooed himself.

.........and (just me being nosey) did you send the phone back?