Bought iPad Mini 4 Wifi/4G on Gumtree. Now Blocked

LD1rt13rS4nch3z on 22/01/2017 - 09:05

Hey guys just wanted to get some advice.

I purchased an iPad mini 4 128GB Wifi/4G from a seller on Gumtree on the 11/1/17. It was brand new and sealed and even came with the tax invoice from Telstra. I double checked IMEI at the time and everything was sweet.
Went to use it yesterday and noticed that the area which shows carrier name said "No Service" tried rebooting only to look at the IMEI website again and now it shows as being blocked by Telstra on the 19/1.
Called Telstra and they said that only the account holder can lift the block and to report to the police (which I did). Is there anything else I can do?
I messaged the guy through Gumtree and of course he hasn't responded. Something that has me worried is the Constable I spoke to said something along the lines that I could get in trouble cause I may have been dealing with stolen goods. My reply to him was that I have all the messages on Gumtree saved and that I bought it on good faith that everything was legit. First time this has happened to me.

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Comments

  • 0FoxGiven on 22/01/2017 - 09:21
    +38

    The seller either stole it and quickly sold it to you
    OR
    He sold it to you and then claimed insurance by saying it was lost or stolen

    • Kangal on 22/01/2017 - 11:11
      +10

      Insurance scam for sure. We've seen hundreds of these.

      Best course of action might be to deal directly with Telstra, let them know the item was legally sold to you, and you have the receipt/tax invoice. And that as the legal owner you wish to have your device unlocked.

      They will say no.
      If you stay on the phone, and be persistent, they might cave and issue the unlock.
      To receive the unlock, you have to update it via iTunes if i recall correctly, and it can take upto 1 hour for the update to show.

      If that fails, there's some services where you pay something like $50 to unlock your device, might be worth a shot.

      And if all else fails, not sure if the iPad will work unlocked in another region/country like maybe NZ or UK.

      • D1rt13rS4nch3z on 22/01/2017 - 11:48
        +5

        The ipad is BLOCKED as opposed to LOCKED. I can still use it but wifi only. I've been told it is blocked on Aussie carriers only, so cellular will work O/S.

        • chumbucket on 22/01/2017 - 11:59

          can always recoup losses by selling the ipad in the states or europe if only blocked by australian carriers.

        • Kangal on 22/01/2017 - 14:20
          -2

          How do you know it is Blocked, and not Locked ?
          Did you try other carrier SIM cards inside?

          Like I said, you're only remedy is to talk to Telstra directly.
          Otherwise, you can use/sell the iPad to other regions where it might work.

          As a side note, how much did you pay?

        • [Deactivated] on 22/01/2017 - 16:42
          +4

          @Kangal:

          IMEI block is completely different to a LOCK
          banned from Australia permanently and in very RARE cases do devices get unlocked

          I would say this is insurance job for sure.

    • D1rt13rS4nch3z on 22/01/2017 - 11:51
      +3

      This is what I was thinking. Funny thing is, when I spoke to police they said that they don't have a record as being reported lost/stolen..

      • [Deactivated] on 22/01/2017 - 16:49
        +9

        this is pretty self explanatory
        police won't be involved
        most likely stay connected customer, wrote some story about it being "lost at sea"
        new item replaced
        old item blocked

        • lostn on 24/01/2017 - 22:05

          The seller sounds like a total scumbag.

          If you bought a Wifi tablet though, there is no blocking possible is there? And therefore no worries about this happening?

    • gitl on 23/01/2017 - 16:49

      Just so I understand, let's say it's an insurance scam (sure sounds like one) … how would Telstra know to block it in the first place? Do insurers require that you supply them the IMEI of your devices or something, that they can request Telstra or someone else to block with?

      • chriise on 23/01/2017 - 17:56

        When I had my phone stolen, i had to report to police and get a crime reference number. Then phone telecoms and provide with the crime reference number and my IMEI number. They then block the device and provide a new phone. Telecom wouldn't IMEI block or humour my insurance claim without a Crime Reference Number. This was in the UK though, not sure if it works differently here.

        • cameldownunder on 23/01/2017 - 19:02
          +1

          One word: "Australia"

        • gitl on 24/01/2017 - 10:18

          That's the thing isn't it: "Then phone telecoms and provide with the crime reference number and my IMEI number." … that would depend on you actually knowing your IMEI number. I guess Apple or a 3rd party vendor could supply it if requested, if you didn't have it handy and could identify you as the purchaser?

    • [Deactivated] on 24/01/2017 - 09:10

      How does the insurance scam work? The iPad was new and sealed. Insurance would only replace the ipad for another new one or possibly gift cards … so the scammer finished up with some cash from gumtree sale + gift cards/new ipad?

      • gitl on 24/01/2017 - 10:23

        Essentially so. Make sure your insurance will cover theft/loss, buy a device, "lose it" via Gumtree or elsewhere, make the claim, get another / get cash.

        And watch insurance premiums increase. :(

        • [Deactivated] on 24/01/2017 - 10:35

          Seems like a lot of effort for a $1k gain … I could see someone doing this, if it was easy to repeat multiple times, but I would think the insurance companies catch on pretty quick.

          And watch insurance premiums increase. :(

          I doubt it'll be noticeable increase. The phone insurance that's sold at retailers is horribly expensive to begin with. Credit card insurance doesn't really cost any extra (I doubt insurance fruad would change the merchant fee or annual fee). The claim is probably too small to cover under home insurance.

        • lostn on 24/01/2017 - 22:08

          It would be a lot smarter to do that with a wifi only device since it can't be blocked, and the buyer would be none the wiser, and therefore does not report it to the police or Telstra..

    • FW190 on 24/01/2017 - 17:29

      or
      the account was opened with stolen ID to start off with

  • pyramid on 22/01/2017 - 09:30

    OP how much did you pay for this pad?

  • CyberMurning on 22/01/2017 - 10:04
    +3

    are you the owner now because you have the tax invoice? so just call telstra and un-block? no need involve police

    • D1rt13rS4nch3z on 22/01/2017 - 11:48

      Telstra won't do it cause the invoice isnt in my name.

      • thatonethere on 22/01/2017 - 16:39
        -8

        Could just ring up Telstra and "be the person" on the invoice. Say you found the missing iPad?

        • [Deactivated] on 22/01/2017 - 16:50
          +1

          Without the original DOB this would be near impossible
          not to mention this is also fraud just as bad as the guy selling it to him

        • ThithLord on 23/01/2017 - 09:06

          Ah, yes - committing fraud to get a stolen iPad unlocked. Very wise.

      • Zondor on 23/01/2017 - 09:06

        Pretty sure if you say the device was a gift who's name it's in doesn't matter.

        Could be wrong but it's worth a shot.

      • [Deactivated] on 24/01/2017 - 14:59

        have you search his name on google and other social media?

  • Axelstrife on 22/01/2017 - 10:25
    +5

    sounds like bought on a plan and reported it lost stolen or simply didn't pay for the plan.

    • lostn on 24/01/2017 - 22:13

      He has the original invoice, so I doubt it was on a plan, or the buyer would have known that.

  • chumbucket on 22/01/2017 - 10:38

    Did you pay via paypal? and was it shipped to your door? Try a claim with paypal

    Otherwise, is the tax invoice made to the original purchasers name or no name? Apple usually accept generic receipts as proof of ownership and can unblock the IMEI for you (with proof). That is also assuming the receipt is genuine.

    • D1rt13rS4nch3z on 22/01/2017 - 11:52

      Nah. Met with the guy and paid cash.

    • Marcsie on 22/01/2017 - 12:43
      +13

      Who would sell things on Gumtree and accept Pay Pal ? lol

      • xuqi on 23/01/2017 - 01:31
        +8

        The countless idiots telling their woeful tales on various forums.

      • EnALup on 23/01/2017 - 14:51

        I have taken Paypal payments for my camera lenses in the past. One of the photographer from Tasmania ( was a bit suspicious when he asked it urgently) sent me the money via bank transfer. I upgraded him from normal parcel to registered post. It ended up fine. I was thinking if guy can reverse bank payments.
        So yes, people do use Paypal and bank transfers on Gumtree.

      • sal78 on 25/01/2017 - 08:59

        ?? I sold my lenses on gumtree to interstate buyers and received payment through paypal. I transferred the money into my bank account first then posted the items.

  • SpendLess on 22/01/2017 - 12:39

    damn thats bad
    i would have fallen for this as well

    how would OP have avoided something like this? go into Telstra with the seller and make sure you do a change of ownership?
    be good to get some info out there so people dont get scammed like this in the future

    • MrFunSocks on 22/01/2017 - 23:16
      +18

      Don't buy big items like this on gumtree is really the best advice. If it was new in box, why would they seek it to you for cheaper than retail? They could have just taken it back.

      • [Deactivated] on 23/01/2017 - 06:45

        That's not how it works MrFunSocks
        Device was most likely on a contract with stay connected or some form of insurance outside of Telstra, it was clearly sold under the intentions of being blocked and it just took time for the block to take affect

        Owner lodges a claim under stay connected as device lost or stolen, Telstra send owner a new device, old device is blocked and has been sold on the blocked device, whilst technically it's fraud the whole stay connected package is basically a simple way for people to get a new device in case something happens to their old device and it would only take reporting the device as lost or stolen to kick off the new device process

        In future pay with PayPal with big sales on gumtree there's nothing more to it and there are already numerous caveot emptor warnings out there with dealing on gumtree, people often moan and complain about the price people ask for Apple devices and in all honesty people still aren't getting the message and being educated before buying, unfortunately being scammed is a common trap on gumtree due to the cash only nature of sales and the fact there is no buyer protection, for anything tablet related I would always buy from a seconds shop / or eBay, even pawn brokers have decently priced products depending on the item you're looking for and if the store is not clued up

        You can always ring a telco as well and ask about the block status of the device with the seller before sale just to confirm the device is not listed with them even as a new owner explain your situation and they'll be often able to tell you the status of the device (proving it's their device can be hard sometimes but probe the seller for questions, a seller who is legit shouldn't have any issues providing this information anyway)

        Just remember there is a lag time between a block being applied and before it shows up on imei checking sites due to it being added to the list

        It's an unfortunate but all too common scenario

        Luckily I've been safe with 99% of deals

        • MrFunSocks on 23/01/2017 - 10:09
          +6

          That's not how it works MrFunSocks

          Not how what works? I'm just saying why would they sell a new in box iPad for less than retail? It doesn't make sense, and it's obviously a scam.

        • lostn on 24/01/2017 - 22:14

          @MrFunSocks: He could say he got it on a plan, and paid the contract termination fee to get out of it becuase he wanted another model.

  • CyberMurning on 22/01/2017 - 13:02
    +2

    ok now we need someone to give advise how to buy ipad/iphone safely from gumtree without this kind of risk in the following week.
    impossible?

    • KaTst3R on 22/01/2017 - 13:38
      +10

      Best advice - Dont buy mobile devices on Gumtree as it is too much risk for the buyer. There are so many stories about insurance scams etc etc on this already.

      • CyberMurning on 22/01/2017 - 14:12

        Ebay better?

        • [Deactivated] on 22/01/2017 - 16:40
          +4

          Of course ebay is better
          item comes to you and is blocked within 180 days you can instantly turn around and paypal claim the item and get your money back
          even better because wear and tear in that time period wouldn't be factored in, there is less chance of a stuff about with ebay imho but it does happen from time to time from an unspecting seller wanting to palm their ipad / iphone off for some cash only to find 3 months later the original buyer of that unit has done a dodgy and now by the third person is found to be blocked or reported as lost or stolen

          I tend to always ask for original reciepts with goods purchased on gumtree, it can be a big risk buying through gumtree

          Paypal don't care about the ins and outs they just see it was returned and refund the buyer
          obviously you cant return it with a smashed screen but the odd dent and small mark would be classed as OK and paypal would refund in your favour as Significant not as described goods

          I always go down the road of Paypal for goods if they are rare or niche goods as it covers you for a LOT more than a seller will
          including 6 months of break down / faults etc

          Provided people don't abuse this

        • EnALup on 23/01/2017 - 14:52

          @shawncro 222: OP do have tax invoice.

  • 87percent on 22/01/2017 - 15:22
    +21

    Does the invoice actually have their name, or is it just a receipt? Op, send me a pm, i work foe telstra. No guarantee, but ill see if theres anything i can do

    • [Deactivated] on 22/01/2017 - 16:41

      Not too sure what you're going to do when its another persons account you are interacting with
      I would like to think the legalities of playing around with an account is a risk for your job imho

      Of course you could check it out but to have a device unlocked would have a process to go through no doubt that a standard CSR would never get access to

      • 87percent on 22/01/2017 - 17:24
        +14

        No, I'm not going to look at anyones account. I was going to raise the issue through some internal channels. Might not get a good result for op, but it's better than doing nothing

        • [Deactivated] on 22/01/2017 - 17:32
          -7

          I agree with that and thanks for clarifying, of course doing nothing seems pointless if you have access to raising some questions internally and seeing if they can help

          I would assume if its been blocked, it would be for a reason of either reported as lost or stolen under insurance, now I guess it really depends on what they would do from that if it has been onsold to someone else after they have blocked it

          Telstra credit team would handle the original client no doubt if it was a case of fraud and pursue them to repay the amount or seek demands for collection to begin

          It does suck for the OP but I have wouldn't think upper management or internal credit management at telstra would seem to care too much with the bigger fish they would want to fry and the chances of an unblock would be a miracle if they would even entertain the idea

          No harm in trying as you said, but I have had little luck being caught in a similar case myself, although it wasn't 600 dollars thankfully

          There are sim swapping methods to get around the IMEI Lock but they are only temp solutions and would be more hassle than getting the block lifted

          See how it goes and let everyone know

        • 87percent on 23/01/2017 - 20:04

          @shawncro 222:

          FWIW, op never contacted me so I'm not going to chase him. You sound like you're familiar with Telstra, do you (or have you) worked for Telstra?

  • roofrestorer on 22/01/2017 - 15:23

    I've bought plenty of Electronic devices using PayPal on Gumtree.
    If the people are selling you something legit, most don't have a problem with it.
    I always offer them the small amount extra to cover their PayPal fee, and postage costs of course.
    At least then if there's a problem, you've always got a backup plan and recover your loss from PayPal.
    So far, so good. Never had a problem. Anyone that says no to PayPal and wants a bank deposit, I just say no as well as the the reason why.
    Better to try and buy a bargain that way rather than paying cash for a bargain that in the end turns out
    to be an expensive bargain!!

    • xuqi on 23/01/2017 - 01:34
      +4

      The idiots are GT sellers who accept PayPal. Zero protection for the seller as any old excuse will be accepted by Paypal to reverse charges.

  • Cheapascents on 22/01/2017 - 15:41

    that sucks OP, this is one of the main reasons why i dont buy second hand expensive items, if there is something wrong with the item its a headache to get a refund from the seller, either the person is going to say that it was working fine and you caused the issue, or he got it from someone else and didnt know about it, but wont give your refund.

  • try2bhelpful on 22/01/2017 - 16:34
    +3

    Bit late as the horse has bolted but never, never pay cash for these Apple devices second hand. If you read Whirlpool this is all too common an occurance. You have to wonder why anyone would be selling a brand new iPad like that? I think you need to go send a message to Gumtree that this user is selling dodgy goods.

    • [Deactivated] on 22/01/2017 - 17:34

      Gumtree will just block the seller
      pointless effort to be honest, as you said the horse has bolted
      chances are slim of an unlock but see what the telstra guy in here can do

  • xuqi on 23/01/2017 - 01:29
    +2

    Telstra won't give a damn. If an employee unlocks this device without the proper process being followed to ensure you are the same owner as was listed on their system, they will lose their job.

    Luckily the device was new and not locked to i-cloud so at least you have a working tablet.

    • [Deactivated] on 23/01/2017 - 06:34
      +2

      Pretty much this
      Not going to get unlocked except in some cover up that Siebel will never allow and if caught they will definitely lose their job

      The credit team would of sent a back of house request to have it blocked, it was blocked for a reason, unblocking would need a reason for it and proof attached, Telstra or any other telco aren't going to unblock a device just because someone bought it off gumtree, if that was the case criminals would just ring up and have stolen devices removed and unblocked from the imei ban, just remembering the device is still okay for sale overseas anyway (not that I promote dishonesty)

  • mp3police on 23/01/2017 - 05:21

    nothing u can do mate i paid the same for a phone and its blocked insurance scam..

    however im lucky its blocked on all services besides telstra so i can still use it for sms's and data just not make phone calls which i dont use anyway

  • Viderzo on 23/01/2017 - 07:56
    +4

    Jailbreaking then changing IMEI is illegal in Australia so I don't recommend you doing it despite the simplicity of doing so ;)

    • netsurfer on 23/01/2017 - 11:42

      Jailbreaking the latest iOS is simple? Really?

  • simmos on 23/01/2017 - 08:35
    -5

    Been reading all the comments and cannot believe there is not one mention of checking/verifying the ID of the seller
    If you get a couple of pieces of ID - especially passport, driving license and copy of their utility bill you are going to be in a better place with this kind of transaction. You should also consider getting a personal guarantee that the ownership is legit and that no encumbrances exist on the device. One poster mentioned visiting the carrier with the device in order that COO is validated. Certainly a good idea to give yourself maximum protection.

    At least if you know who you have dealt with, it will go along way to protection of your interests when dilemmas such as this arise.

    What state are you in by the way? I'm moving oseas and looking for an IPad 4 / 128Gb .. PM me, might be able to do a deal if you give me an Ozbargain ;-)

    • [Deactivated] on 23/01/2017 - 11:06
      +6

      I've legitimately sold a few electronic devices including phones. If the buyer asked me for copies of my ID I would walk away there and then because that opens you up to identify theft

      Unfortunately the OP got stung, but that is the name of the game when you buy "as new used". You really have to push their story on why they would sell a brand new wrapped in box item but at the end of the day, scammers gonna scam

      • syousef on 23/01/2017 - 13:42

        Many buyers will meet you at their house though. If they meet you there, there's less chance they're lying about who they are.

  • gummibear on 23/01/2017 - 08:42

    If only there was a way to find out the insurer. So we could report the fraud and reduce the incentive for these scams.

  • [Deactivated] on 23/01/2017 - 09:06
    +1

    As above, if you're going to buy a device like this, meet at the Telsra/Optus shop and run a check
    I would think anyone looking to pull an insurance scam would balk at this

  • CLoSeR on 23/01/2017 - 09:33

    You should report the seller to police, accept your loss and learn from this mistake.

  • coolhead on 23/01/2017 - 11:20

    i thought buying a sealed item was safe. I recently bought a sealed iphone luckily everything good so far and not scammed.
    But i would be hesitant from next time. Feel Sorry for your loss mate

  • Randxyz123 on 23/01/2017 - 11:47
    +4

    You said it yourself. You paid $600. It retails for $879

    IF A DEAL IS TOO GOOD TO BE TRUE IT IS.

    You need to be speaking with a manager at Telstra. Not some idiot in a call centre ideally a ACTUAL manager in Australia. You need to send them everything, messages on gumtree, the tax invoice you were given (if it's even legit?) and hopefully someone will be able to help you and you can work out a solution. It's a classic insurance scam. Purchaser says they "left it on a train" (or something similar) , insurance pays out, they get a new device.

    For those who don't know the IMEI being blocked means you can't use the SIM card slot. It is NOT the same as being LOCKED to a network. They are 2 very different things.

    I would also contact the seller and say something like "Hi, the iPad I purchased from you seems to have it's IMEI blocked. I don't know what is going on, whether this was accidental or on purpose but I would like my money back and I will return the device to you. At the moment I have not spoken to the police (only to Telstra) and your name has not come into it. However if you do not reply to me I will be forced to go to the police to have this matter resolved. Please call or text me ASAP".

    • Pricebeat on 23/01/2017 - 12:52
      +3

      I bought iPhone 6 for $580 from GT, when it came out and it was retailing at $900 something. The guy only used it for a day or two. This was too good to be true. But at the end it was too good and true. I just sold that phone for $400 and upgraded. I then bought a sealed iPad and another $600 sealed iPhone 6.

      You just have to know who you are buying from and ask the right questions. Also may be ask them to meet at their address, get their mobile number etc etc.

    • dbui8743 on 23/01/2017 - 14:36
      +1

      iPad mini 4 doesn't have the same draw anymore considering iPad pro has so much more to offer these days.

      besides, you can have iPad air 2 cellular at the same price everywhere now, even brand new sometime. It is not too good to be true. It is just good.

      I got my iPad air 2 a year ago, 64 GB with cellular for 680$

    • [Deactivated] on 23/01/2017 - 19:07

      They still wont unblock it

      Police won't care about it, the issue is with telstra and the device, the device was reported to telstra as lost or stolen
      only telstra can escalate to the police but I strongly doubt they will for such a low value item to them
      they have bigger scammers to catch

      Insurance locks are just that locks on the IMEI, theyre not going to lift it if its been put through a insurance block and even if they did it would be extremely rare

  • spurf on 23/01/2017 - 12:54
    +2

    I bought an S7 late last year from Gumtree for $450 in pretty much new condition with box and all accessories. I took a punt for that price and so far haven't been burnt but definitely accepted it as a possibility! Guy said he swapped it for a turbo kit on GT originally. Neither he or the previous owner had factory reset the phone so figured neither where likely to be evil geniuses especially as the original owners email address is his full name + DOB!

    • [Deactivated] on 23/01/2017 - 19:07
      +1

      thats scary

  • syousef on 23/01/2017 - 13:40
    +1

    Being blocked does that mean you can't install software? Or just can't connect via the sim card?

    Just an idea: You say WIFI works. Buy a pocket WIFI modem and connect using that? They can be had for under $30…sometimes under $15. It's a hassle in that it's another device to charge. But that way it's not $600 down the drain.

    • matt_will_fix_it on 23/01/2017 - 16:05

      Exactly what I was going to recommend too.

    • [Deactivated] on 23/01/2017 - 19:08

      its only SIM blocked not wifi blocked
      IMEI is blocked
      no way around this, even people who claim IMEI can be changed are FOS, the IMEI is actually hardcoded into the root kernel system and even under jailbreak it would be near impossible to do this, not only that it is actually a criminal offence to tamper with the device IMEI number

  • thatonethere on 23/01/2017 - 14:40
    +1

    It is annoying that AMTA does not have the ability for formally transferring the ownership of a mobile device from one person to another - or whether the device is encumbered by being part of a plan. If you read through their documentation they are all about preventing anonymous devices etc but they do nothing in this area.

    • [Deactivated] on 23/01/2017 - 19:10

      Not really their issue to be honest, they issue the licencing rules and control the block list access search engine etc
      its telcos who keep the records on the devices that are blocked and then pass this information on
      I don't think we need a formal changeover process, anyone can sell a device on contract, provided they pay out the contract on time and have no defaults the telco is usually no wiser as to the device they are using

      • try2bhelpful on 23/01/2017 - 21:29
        +1

        I would like to see a formal changeover process as well. I've never bought a phone or iPad second hand, but if I did I would like a process that confirms there has been a formal handover so the device can't be locked afterwards.

  • [Deactivated] on 23/01/2017 - 19:34
    +1

    This thread is almost as good as the one guy who grey imported an iPhone, then tried to sell it on gumtree and another guy ran off with it

  • Aap Ke Papa on 23/01/2017 - 20:42
    +1

    If you cant get it unblocked, my advise to you would be to sell it to an overseas buyer somehow? It will work for sn overseas network/country.

  • trapper on 24/01/2017 - 11:49
    +1

    Could be interesting to ring around the main insurance companies that insure these things and give them your story and the serial number, they might be able to connect the dots about the fraud by their customer.

  • hopper on 24/01/2017 - 12:05

    My Advice is for every one is only buy from the buyers that are active as a member from min of 3 years, Use paypal and finally get some ID when u meet them.

    • jackary on 24/01/2017 - 13:21

      My sister actually did this to buy concert tickets - long time member, picked up from a physical address and sighted ID - it turned out the "seller" had actually broken into said house, and was using a stolen passport as ID. The tickets were of course fake. When we got in touch with the police and dropped the sellers 'name', we learnt he'd done this many times before but they were yet to catch him.

      Nothing is foolproof!

      • hopper on 24/01/2017 - 13:33

        hmmm, looks like i need to add extra security layers before i buy.

        • jackary on 24/01/2017 - 13:39
          +1

          To be honest I do think that was one of those "outlier" situations - considering the level of risk for barely a $200 payoff - but I guess it does really ring home the importance of being wary and cautious - afterwards she said she had a 'bad gut feeling' even though everything checked out OK - so perhaps the best advice would be to just trust your instincts.

      • [Deactivated] on 24/01/2017 - 15:03

        How come his face look the same with the stolen passport…

        • thatonethere on 24/01/2017 - 20:37

          Have you seen the typical passport photo?

        • jackary on 24/01/2017 - 22:25

          I've removed my narky response because another commenter has already devoted as much attention as the comment deserves.

          I posted the experience to remind others to be cautious, not to discuss why passport photos of a white, brown haired male all look the same.

  • MorriJ on 24/01/2017 - 16:22

    Walk into a Telstra store with iPad and invoice. Ask for device to be unblocked. Don't leave until you have it unblocked.

    Explain under Australian Consumer Code you are entitled to a refund for the device if they are not going to take necessary steps to fix the issue.

    Simple as in my opinion.

    james

    • jackary on 24/01/2017 - 22:33

      Do it for him then

      Post results

  • meetjesse on 24/01/2017 - 18:12
    +2

    There is a way to have this block removed (i have done it) but you must have a Bill of Sale or something like it (i.e. With the receipt of the sum of $ xxx AUD, paid in cash, it is acknowledged that, (Name) xxx of (Address) xxxx (the 'Seller'), hereby SELLS AND DELIVERS to (Name) xxxx of (Address) xxxx (the 'Purchaser'), the following personal property (the ‘Property'), xxxx. (Seller's Signaure) xxxx, (Purchaser's Signature) xxxx, (Date) xxxx.). That document (a piece of paper is fine) illustrates that a transfer of ownership has occurred. Contact telstra and raise a complaint stating you have a bill of sale and that they are infringing on your right to use your property. They will claim they do not recognise the transfer and ask you to report the matter to the police. The response is that the police are unable to do anything for you the purchaser as the seller sold and delivered as per the bill of sale. It is Telstra (the provider of the insurance) who where defrauded so it is their responsibility to seek reimbursement from the seller or report the issue to the police. Telstra do not own the phone since a transfer of ownership has occurred between the original owner (seller) and the purchaser. Notify Telstra that you will engage in legal action and raise a complaint to the telecommunications ombudsman if they continue to refuse to remove the block they have placed on the phone. This is where it can get expensive as if they do nothing then you need a lawyer to draft a letter and send it to Telstra. The lawyer will basically need to describe the phone make model IMEI, explain that it's your phone and they have no right to interfere with your proprietary right to use it. In my case, after the letter was written they rang my lawyer and informed her that the phone would be unlocked. Two days later the IMEI was removed from the AMTA website showing blocked IMEI's (https://prod.eie.net.au/portal/template/MYMIMEIInquiry.vm) and the phone worked :)

    • thatonethere on 24/01/2017 - 20:38

      Could you small claims Telstra? They might cave if you had enough evidence.

    • jackary on 24/01/2017 - 22:35

      This is a good idea however your assertion that 'Telstra do not own the phone' is nowadays often not true - I believe Telstra now offer most devices under a 12 month 'lease' (previously New Phone Feeling) - ergo device remains property of Telstra

  • ak 27 on 24/01/2017 - 18:43
    +1

    OP while you try the good suggestions on this thread, might as well be worth filing a complaint with TIO (https://www.tio.com.au/making-a-complaint). TIO would raise the complaint on your behalf with Telstra and may ask you for communication and document proofs (I assume you may have it).
    There are good chances you might receive a call from Telstra to work with you in resolving the issue, Cheers

    • meetjesse on 15/02/2017 - 01:19

      I actually contacted the TIO before my lawyer. They said that only the original telco that sold the phone can IMEI block it and it is only them who can unblock it. It is my responsibility to prove to Telstra that a transfer of ownership had occurred. The TIO did not recognise the reciept I had (which lacked the ID verification of the seller) as transfer of ownership and could not advise Telstra to unblock the phone.

  • lostn on 24/01/2017 - 22:04

    Can you share how much you paid for it?

    If the price was too good to be true, yeah.. I'd only use Paypal or credit card so I can chargeback. Which means no Gumtree.

    • [Deactivated] on 25/01/2017 - 00:52

      TL:DR?

      It was $600

  • neonlight on 25/01/2017 - 07:16

    Don't buy from gumtree. Too many scams

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