I Was Sold a Stolen Mobile

mkh1991 on 14/05/2020 - 19:00
Last edited 15/05/2020 - 09:32 by 2 other users

Hi all.

Having a bad day today. Two months ago I purchased a mobile from a guy on marketplace, iPhone 11 and the mobile was fair priced, $900, as well the guy showed me the receipt for the purchase and gave me his contact details so I just bought the phone off from him.

Today I got a call from police station that the mobile was stolen from a JB Hi-Fi shop, the guy actually purchased the mobile from JB Hi-Fi in one suburb and took back to another suburb the next day, allegedly with the empty box and charger only, store staff didn't bothered to open the phone box and return the money to the seller.

The police told me that I need to return the phone and I'm in kind of a terrible situation.

Any advice?

Mobile

closed Comments

  • AgentXKnight on 14/05/2020 - 22:41
    +7

    Your iphone 11 is technically not stolen property because the only property that JB Hi-Fi is the owner of is the empty iphone box and charger just because something is returned does not give ownership on item returned on the receipt only the item and the contents that were given to the employee at JB Hi-Fi. So if the box contained a fake iphone/different model or iphone with different Serial Number they would own that particular iphone and not what was allegedly on the receipt, if this type of fraud is present they must go after the return fraudster for return fraud or obtaining property/financial advantage by deception.

    Though I recommend getting in touch with a lawyer because police are not known to correctly understand the application of law or even to fully understand the definition of what is stolen property and can be lazy ie asking you to return property that is not stolen because they do not want to do their job and catch the fraudster.

    • mkh1991 on 14/05/2020 - 23:12

      Well the investigating offer dropped me an email and I've sent him full chat history of market place, place to meet, my bank transaction receipt and receipt screenshot which the seller showed me. The office said he will put case together and try to get me some reprieve from magistrate for the money I paid to the seller. All I can think at this stage is cooperating with police…

      • cypher67 on 14/05/2020 - 23:28
        +3

        How can you be sure it is really a Police officer & not someone just scamming you. As someone else posted, I doubt they would just call you and request information. Officer isn't getting you to send it to a Gmail account are they?

        • mkh1991 on 14/05/2020 - 23:35
          +7

          No it's from official ID @police.wa.gov.au with police station number on which I called back later on and receptionist put me through the officer…

          • RecklessMonkeys on 15/05/2020 - 11:26
            +27

            @mkh1991: But can you be sure that they haven't spoofed the email, circumvented the telecommunications network and sent a cyborg back through time?

          • Cave Fire on 16/05/2020 - 12:57

            @mkh1991: you can send emails with any address you want. what was the number…?

      • AgentXKnight on 14/05/2020 - 23:43
        +36

        Personal opinion I think this police officer is lazy and this is really not criminal matter against you because you are the innocent party to this fraud and were not involved in it ie it would different if this involved triangular fraud using stolen credit cards.

        The police should tell JB Hi-Fi that they are dropping the case for stolen property because there is no crime involving stolen property and instead will investigate the fraudster for return fraud and that JB Hi-Fi has to provide the contact details they should have recorded when they process the refund because if they refunded the fraudster most retailers require photo id and that they record a person address and name to process a return. If they cannot located the fraudster then JB Hi-Fi should be only party who has to suffer a loss and the value of stolen iphone should be written off on the store's wastage because they were negligent and at fault same as the thousands of dollars written off from theft by shoplifters who are not caught because of lack of video footage or not pursuing small claims.

        • 82norm on 15/05/2020 - 18:53
          +1

          👍👍👍

        • TheBird on 16/05/2020 - 01:00
          -1

          Regardless of who's right or wrong, if the OP goes down this path, unfortunately in the end, it's likely that JB will get the IMEI of the phone banned on Austrlian networks, so it'll end up becomming an expensive paperweight.

          It's not easy to get a phone that has been reported as stolen to be reinstated… without a receipt.

          • AgentXKnight on 16/05/2020 - 09:38
            -1

            @TheBird: It will be fraudulent for JB to report the phone stolen, they are not the legal owner of iphone because the only stolen goods is the money the fraudster stole the return does not attached fraud to the iphone because for all you know considering the incompetence of JB's employees the fraudster could have used any unopened box even one that had different IMEI on the receipt or IMEI might not have been recorded on the receipt. Also the OP has had the phone for two months so Australian networks who accept JB story would also acting wrong and possibly illegal to accept that JB is the owner because they reported the theft way too late which generally indicates they are no longer the legal owner or someone else who legitimately gain possession of the iphone is now the legal owner.

            Another thing is why should OP have to prove ownership two months later with a receipt when the average people does not keep receipts for very long or lose them, as well as the fact the second hand transactions are legal and you do not need to have proof of purchase for these types of second hand purchases for personal property, and that generally having possession and using property as an owner with your details is considered to have title.

            • TheBird on 16/05/2020 - 11:44
              +1

              @AgentXKnight: It'd be nice to live in a world where everyone does what they should be doing.

              I'm talking about reality. You know, the real world. If possession of a mobile phone would solely indicate the rightful owner, then telco's wouldn't have a list of stolen imei's that cannot be used on their network.

              I'm not saying I don't agree with how you see it should work, but in reality, what you think should be, and what is, can be very different.

  • Hoju on 15/05/2020 - 07:26
    +2

    Far out.
    That takes balls to return an empty box
    What do you say if the staffer opens it?!

    • Hoju on 15/05/2020 - 07:35
      +4

      Wonder if they had one of those plastic resealing machines so it was returned as sealed… Very clever if so

    • John Kimble on 15/05/2020 - 08:21
      +16

      I reckon they would have just bullshitted some story eg "oh my wife said she put it back in the box, silly of me not to check before leaving the house. I'll go get it and be right back", then go try a different store.

      • onetwothreefour on 15/05/2020 - 10:50
        +3

        ^ found the scammer

        jk

        • John Kimble on 15/05/2020 - 10:58

          Pffft, this fraudster is obviously a noob that got caught with a fairly high risk, unsophisticated scam.

          I would hopefully do better than that if I ever went to the dark side…stupid morals.

          • follow on 15/05/2020 - 14:34
            +3

            @John Kimble: yep ozb scams are more sophisticated. sign up to plan, get them to waive cancellation, sell phone. no need to to look over your shoulder for the rest of your life.

            • John Kimble on 15/05/2020 - 14:43
              +1

              @follow: Not illegal or scams, but definitely ethically questionable or abusing loopholes.

              • 7-Eleven location spoofing
              • buying gift cards with gift cards
              • creating multiple accounts to get multiple sign up or member credits

              anything else?

              PS I don't do any of these personally.

              • follow on 15/05/2020 - 17:12

                @John Kimble: read of some people signing up to credit cards, buying airline tickets/hotel reservations with cancellation policies, then once they get the points they cancel and get refunded.

                • jfc50832 on 16/05/2020 - 11:33

                  @follow: Seems unlikely now. Refund would be sent back to the original method of payment so points would be deducted once funds got returned.

    • MrFunSocks on 15/05/2020 - 15:32

      An iPhone would actually be very simple to re-wrap - they have one of those fancy one piece plastic wraps on them that are actually tough and won't rip, with just a single tab with sticky stuff on it that you peel.

  • buderim11 on 15/05/2020 - 08:15
    +6

    I would let them take you to court . I can't see how you can be convicted of receiving stolen goods if they where never stolen . It is a fraud case of which you are not involved or implicated .

  • holdenmg on 15/05/2020 - 08:44
    +1

    Wouldn't the Buyer have had to surrender the Original Receipt to get the refund from JB?

    If so, then what was the OP shown?

    A screenshot or Photocopy or the Original?
    If so, red flags…

    If you are buying and it is bona fide wouldn't the seller surrender the original receipt at time of
    sale to OP? For warranty purposes etc.

    • mkh1991 on 15/05/2020 - 08:49
      +2

      Yeah he said he got digital receipt from JB and showed me on his phone by opening link at JB website

      • holdenmg on 15/05/2020 - 09:00
        +1

        Aww, man…

      • tinyorca on 15/05/2020 - 13:57

        Would that mean he returned the box after selling you the phone since the link was live on the website? Would the receipt on the website be updated if the product was returned?

    • loku123 on 15/05/2020 - 11:46

      With the digital receipts, you can have as many copies as you want.

      • holdenmg on 15/05/2020 - 12:05

        Yeah, pity the tech doesn't allow for them to have cancelled wrote across them on a "Refund"

  • lette on 15/05/2020 - 08:49
    +2

    Out of curiosity what would happen if you'd lost or onsold the phone? All of this seems so disorganised and kind of hinky by JB and the police.

    • mkh1991 on 15/05/2020 - 08:50

      Not sure. And I still didn't get the fact that why JB didn't contact apple to block the phone via iCloud etc.

      • John Kimble on 15/05/2020 - 08:53
        +1

        The IMEI can still be blocked I suppose? So if you don't give it back or convince the police to let you keep it, it could (essentially be) bricked in Australia. Dunno why the police didn't use that tactic on you? Maybe holding that for if/when you refuse.

        https://www.imei.info/faq-stolen-lost-phone-block-the-imei-n…

      • lette on 15/05/2020 - 08:53
        +2

        Actually yeah that's also a very good point. I'm a cheap androider myself so didn't even think. You apple guys have insane protection, shouldn't your phone be bricked yesterday? Maybe you should phone the station yourself and ask this. As in, not the officer you're talking to. I used to liaise with police on the busiest nightclub strip in town running a huge nightclub. They're not all made equally. This guy's actions, as well as JB's don't seem normal. I don't know. Seems odd. Seems odd to you too right?

        • lette on 15/05/2020 - 08:57

          Sorry the word this was supposed to be a link.It was a link to AgentXKnight comment above.
          As in maybe ask something like this. Even to just 13144 if you're uncomfortable with the station. I don't know if I trust what you're being told.

        • mkh1991 on 15/05/2020 - 08:57
          +2

          Well maybe the police was keeping it 2nd option and tried approaching and asking nicely to return phone 1st, which I will be doing,

          • lette on 15/05/2020 - 09:01
            +4

            @mkh1991: Hey if you're happy and able to do so that's probably the safest option. Best not to get to deep with things like this. I was just saying this to my mum the other day, her ex tried to give her 7k randomly (I know why, she thinks random, not important. He's bad.) I asked her straight. What's worth more. The money or your sanity. She returned the money.
            Good choice man. Be free and happy and get a new phone. Life's too short.

            • mkh1991 on 15/05/2020 - 09:05
              +4

              @lette: Thanks so kind of you.

              • lette on 15/05/2020 - 09:13
                +1

                @mkh1991: Just being honest. I wish more people were like you. Everyone would be so much happier. It's exhausting being around so many combative people.
                Hope your day turns out well and you find a free whopper voucher or something.

                • mkh1991 on 15/05/2020 - 09:34
                  +9

                  @lette: Got menulog $15 cashback for $30 spend, that should do for today :)

                  • lette on 15/05/2020 - 10:15

                    @mkh1991: So do I! Legend breakfast sorted!

          • [Deactivated] on 15/05/2020 - 09:34
            +1

            @mkh1991: Not sure why you would be returning the phone first.

            The police is currently intervening on the incorrect premise of theft.

            As soon as you return the phone, the only issue left is fraud and it is a civil matter between you and the seller.

            • lette on 15/05/2020 - 09:43
              +3

              @[Deactivated]: He shouldn't be. That's obvious. He's being fricked over hardcore. BUT. What's it worth? My mum gave up 7.5k yesterday for the same reason. Everyone's limit is different and sometimes the headf**K and effort isn't worth the money. You win some you lose some, even when you play fair. It's up to you how deeply you let that affect your life. I think if OP can afford it it's not worth the hell.

              • supacheap on 16/05/2020 - 09:31

                @lette: Sympathise with the OP and hope it works out in the end, but damn does anyone else wanna hear the backstory on this 7.5k??!! Grabs popcorn

            • 82norm on 15/05/2020 - 19:00
              +1

              @[Deactivated]: Yes, I wouldn’t hand back the phone. You won’t get it back without the intervention of a lawyer. You’ve done nothing wrong here. JBHI stuffed up. They should be getting police involved and chasing down the thief.

  • AlanJ on 15/05/2020 - 09:02
    +4

    I think I'd go along with the advice that said get a lawyer and be advised by him. The "theft" must, surely, have been reported by JB, and the police must have told them of your "arm's length" and quite-innocent involvement after the event. But JB are still prepared to punish you and leave you $900 out of pocket — quite a lot for an individual to bear, but virtually nothing for a company the size of JB — whereas what they ought to be doing is leaving you out of it altogether, chasing up the fraudster, and sending a strong memo around to staff about their duties in issuing cash refunds. I think you have a very legitimate reason to feel badly treated by JB, which, on the evidence of this single case, is shaping up as one of those low-ethics businesses that is interested ONLY in profits and not keeping the goodwill of customers. If they take the phone from you, they may well be within the law…. but, morally, they are no better than the fraudster. The guy who cheated them is a low-life; the company's attitude in getting the phone from you is even lower; and you have done absolutely nothing wrong. Get that lawyer!

    • mbck on 15/05/2020 - 09:28
      +10

      The argument shouldn't be about, jb has more money than you so they can bear the cost.

      It should be that jb made the fault which resulted in op in this current situation.

      Agentxknight made a great comment imo

    • lette on 15/05/2020 - 09:29

      OP just made a good point. Probably in the time you were typing so that sucks. Is it worth the headf**K? At 900 I'm with him, I don't think so. Life is too short.

    • tinyorca on 15/05/2020 - 14:00

      How much would a lawyer cost though - more than $900…..

      • pufffdragon on 15/05/2020 - 23:17
        +1

        Exactly this. Just telling your story to a lawyer would cost you $900. They ain't cheap.

    • 82norm on 15/05/2020 - 19:01

      Time to call ACA.

  • OzzyOzbourne on 15/05/2020 - 11:07
    +3

    As others have said, this is not theft, it's fraud.
    Seller committed fraud on jbhifi and they failed to do reasonable checks before giving money back to the seller. Seller obtained money from jbhifi by deception. They didn't steal the phone

  • dufflover on 15/05/2020 - 11:13
    +5

    I'd say don't proactively do anything. Think about what sort of level crime this is. The cops are just responding to a JB Hi Fi report for what is their own stuff-up. Unless the police actually want it for evidence for a compelling reason just give some of reasonable points already mentioned like how it should be between Police/JB and the original fraudster.

    I'm not advocating giving police crap or anything like that. But I really don't see how it should be your problem when JB are of the capacity to cop and absorb their mistake, and my hunch is the cops don't care too much either in the grand scheme of things.

    Clicks to me now why stores like Bunnings will print you receipts for refunds. JB will have a similar refund confirmation in their system, their problem then.

    • Marty131 on 15/05/2020 - 19:59

      If OP does nothing, aren’t they risking the Police bricking the phone via IMEI? Therefore they need to proactively convince Police not to do so?

  • stumo on 15/05/2020 - 11:21
    +1

    Awww man. OP piked out. OP should donate the phone to someone here who will fight for it (and keep the thread going). My popcorn isnt heated yet.

  • lgacb08 on 15/05/2020 - 11:51

    You said the guys bought the phone and returned the empty box next day, so when did you buy it from him? If it was within this shirt time period you might have a case. If not, probably need to get some lawyer.

  • trapper on 15/05/2020 - 11:56
    +4

    This is a bit of a weird one because the goods were never actually stolen, so how are they stolen goods?

    The fraudulent return of the empty box is a different kind of crime.

  • loku123 on 15/05/2020 - 11:56

    You sure it's not the same Seller pretending to be the 'police' and contact you about a 'stolen' phone?

    That would be double crossing. Once from JB and then the OP.

  • kanmen on 15/05/2020 - 11:59
    +3

    Dude this sucks balls. That's all I can say. I really hope you can get your money back and move on. But I think you shouldn't worry too much about anything else, because it's pretty clear you're not in the wrong in any way.

  • kaleidoscope on 15/05/2020 - 12:00
    +4

    You aren’t at fault as you have not done anything illegal. If jb wants phone back, they should compensate you for the money you paid the seller. (if you have proof). Police should try to find the guy that committed the crime in first place and jb should penalise employee for not doing their due diligence/ check list of returning an item.

    Don’t just handover the phone and do nothing and fight back for your money.

    good luck.

  • solidussnake on 15/05/2020 - 12:35

    This seems doubtful on JBs end, never have I seen a phone returned (5 years at JB) without the plastic seals or shrinkwrap then let alone getting approval from a manager then reversing it out of their own system

  • Kentrolla on 15/05/2020 - 12:40
    +2

    You mentioned you paid with a bank transfer.

    Just go to your bank and reverse the transfer. I've done this before when someone tried to screw me over. Just provide evidence them with ample evidence and that will be enough.

    Case closed.

    • monkeyfood on 15/05/2020 - 14:16

      think it only works if they still have money in there, cross fingers

  • dansblackcat on 15/05/2020 - 12:49
    +2

    $900 for a phone with no box, no charger? Red flags all over it.

  • [Deactivated] on 15/05/2020 - 12:56
    +2

    Just ignore the police (actually don't, but would be nice)as they are such a pain the beep harassing you for someone's stupidity.

    The person at JB hi-fi should be fired.

    • stumo on 15/05/2020 - 13:09

      Plot twist. Seller and JB employee are the same person.

      • tinyorca on 15/05/2020 - 14:04
        -1

        They are all 3 - seller actually never took the phone back to JB Hi-Fi and is a cop who made up a story to gain an iphone plus $900.

  • Trioboy on 15/05/2020 - 13:00
    +1

    Your "police" seems to be rather efficient. They usually don't bother with these matters. Once I lost my phone and someone returned it to the police station. When I went to collect it, they made me wait for more than an hour and then told me they don't have it. They seemed to have misplaced the phone. This was a while ago, it was a Nokia 3315. :(

    • John Kimble on 15/05/2020 - 13:28
      +3

      Only a few weeks ago had 3 police officers incorrectly knock on my door (wrong address) about mail theft! That seemed OTT…but maybe not much happening during covid?

  • cameldownunder on 15/05/2020 - 13:53

    as well the guy showed me the receipt for the purchase

    Do you have the receipt ? Is it the original ?

  • monkeyfood on 15/05/2020 - 14:15
    +1

    sell it on ebay as slightly faulty "doesn't affect the functionality at all"
    No Pickup, bank deposit only, and have a 0 feedback account too

    • follow on 15/05/2020 - 14:35

      sell to overseas buyers

  • alxr0101 on 15/05/2020 - 14:56

    How did the police know who to call?

    Was this via IMEI coming back up on a carrier network when OP got it online?

    Or was this via Apple ?

    A friend's new iPhone 11 disappeared at a shopping centre (probably stolen or "found") but she hadn't sorted find my phone. All she could do was lock it. She had already had the Sim cancelled so that dropped it off the network.

    So…if someone found it, how often will police come calling? They must have had input from Apple and/or a carrier.

    • mkh1991 on 15/05/2020 - 15:00
      +1

      Seems like police got in touch with mobile operator via IMEI number and got the details from the company re name, phone and address.

  • Levathian on 15/05/2020 - 15:00
    +3

    IANAL but why is this your problem? Why aren't JB hifi chasing up the employee who accepted a return on an empty box and charger?

    Also the goods were never stolen. They were legitimately paid for then the buyer took the empty box and gave it to a different JB hifi store for some money. Jb hifi assumed it had the phone inside, it didn't. Their fault, their mistake and imo this should be their loss.

  • CGradeCyclist on 15/05/2020 - 15:01
    +2

    May have been said previously, but - as you've described it that's fraud, not stolen goods.

    The phone was legitimately purchased, and then legitimately sold to you. At this point, no offence has occurred.
    THEN our bad guy takes an empty box to JB Hifi and claims a refund. That's where the offence is - fraudulently obtaining a benefit by deception. You need to put this to the police officer, and point out the error in offence. This will get you off the hook for returning the goods.

    Unless of course something else happened… :-)

    • mkh1991 on 15/05/2020 - 15:02
      +5

      this is exactly what happened and this is my 1st interaction with police so not sure what to do/not to do.

      • CGradeCyclist on 15/05/2020 - 15:11
        +7
        1. Don't return the phone.
        2. Speak to the police officer. Make it clear you'll continue to fully cooperate with them for information, etc.
        3. Point out your belief that the phone is not stolen goods, and this is in fact a fraud offence between the bad guy & JB Hifi. And this is why you don't intend to surrender the phone.

        Don't be scared of the police, or rude to them either. Be friendly and cooperative. Remember, no matter what happens you've definitely done nothing wrong. If they push you to return the phone, just politely but firmly decline. If they threaten you with an offence, advise them you'll be engaging a solicitor. That's all you have to do… :-)

        Don't stress. Everything will be OK.

        • mkh1991 on 15/05/2020 - 15:37

          But can they proceed and get IMEI or Icloud ID blocked?

          • iknowtj on 15/05/2020 - 17:38
            +1

            @mkh1991: Based on what you've said so far, unlikely they will. JB might purely out of spite however.

          • pufffdragon on 15/05/2020 - 23:30

            @mkh1991: As far as I know, only the registered owner of the phone can have the IMEI blocked. And if it is blocked, only they can have it unblocked.

    • Ughhh on 15/05/2020 - 19:03

      How do you know the exact sequence of events, ie whether the guy got refund from jb hifi first or sold to op first?

      Unless you know, you can't say the phone was legitimately sold to op.

  • John Kimble on 15/05/2020 - 15:08

    It's unlikely, but possible it wasn't purchased legally. They could have bought it with counterfeit notes or a stolen/counterfeit credit card. They were then exceptionally greedy/stupid enough to sell the phone and also go back for a refund (although would have to convince the staff to refund to a different card they own for the second scenario).

    I say unlikely, but then I would have thought it would be unlikely for the Jbhifi staff not to check the box for the phone too…so who knows…in any case, seems like a lot of effort for a couple of grand…theres a lot of other less risky card not present ways to buy goods fraudulently and sell them at a much higher volume.

  • UFO on 15/05/2020 - 16:47

    My initial inclination is that you would need to return the phone. But it depends entirely on the date and time he's "returned" the phone.
    If he was legal owner when selling it to you, you're good to keep phone.

    But if he's returned it to JB for cash, and THEN sold it to you- then he wasn't the legal owner and didn't have the right to sell it to you.

    I'd be asking for more information from the police. You haven't committed any offences… the property isn't stolen, you aren't in possession of stolen property.

    At the end of the day its JB's fault for not checking the item on return. You shouldn't be out of pocket for THEIR error.

    I personally wouldn't return the phone. Mind you, they could just as easily cancel your IMEI number and turn it into a brick anyway.

    • sparkles on 16/05/2020 - 05:02

      So the seller got the property via deception (and JB staff stupidity), does that actually make it "stolen" technically?

  • iknowtj on 15/05/2020 - 17:41
    +2

    My wife bought a new phone 5 weeks ago from JB, got half way home and realised it was the wrong model, turned around and JB did a military grade inspection to ensure it was the same phone before allowing the swap.

    So whoever was at JB that day was either assisting or more likely under the pump and did it without checking.

    If, as stated you had no part in this (and I tend to believe you at this point) then you've committed no crime. JB and the Police need to chase old mate for fraud. JB are probably trying to cover their loses with the the return of the phone but they aren't going to be able to sell it as new anyhow so they are losing out anyhow.

    • monkeyfood on 15/05/2020 - 18:05
      +1

      The funny thing is if you said you sold it w few weeks ago, cash, gumtree no details of the buyer they would have no choice but to leave you alone.

      • mkh1991 on 15/05/2020 - 18:38
        +1

        Well they can always track who is using cellphone with IMEI number and can get in touch or even can charge you for lying

  • tds on 15/05/2020 - 18:59
    +2

    How did the police get your details considering the original owners details should be on the purchase?

  • npnp on 15/05/2020 - 20:24
    +1

    I'm increasingly confused about the story after reading all the comments and OP's responses. First, I highly doubt if a police officer gives so much detailed information over the phone. They would usually refer to a case number and would ask you to come to a police station to get more information on a case regarding 'possession of stolen good'. Apparently, in this case, the police officer has gone above and beyond to explain to the 'alleged thief' how everything happened including the return to another JB HiFi store in the next suburb etc. How is that possible, is the police that dumb or less busy due to COVID19 so they're happy to chat for no reason. Seriously?

    Possibilities here,
    a) It's not the police, it's a scammer trying to get the phone out of OP (most probably the original seller or someone representing him)
    b) OP is playing a game (I've seen similar stuff here in Ozbargain scammers playing the victim)

    • dufflover on 15/05/2020 - 21:04

      Well assuming it's not "B" (but definitely open to that possibly), it'll be funny to hear what the instructions are …

      "Oh don't take it the police station (insert COVID excuse), post it to this dodgy sounding P.O. Box…"

      Unless the scammer is a cop too you can just play the "show us your badge" game. As for blocking the phone, again surely any official party like the police would have something in writing to cover them legally with any actions they take.

  • tagin on 15/05/2020 - 20:32

    This makes no sesnse, how did the police get your contact details and how did they know you have the phone?

  • Drifta on 15/05/2020 - 21:10
    +3

    you should let the police know you strongly believe this is a case of fraud between the person you bought the phone from ans JB. The phone was legally purchased from JB and on sold to you. You did your due diligence and paid for the phone. You have cooperated with them and provided all the evidence you have. Additionally, the issue here has occurred as JB hifi employee did not carry out their due diligence to ensure this situation did not occur.

    State that you wish to keep the phone as it is a financial impact to you if you had to return it and it is through no fault of your own. If that doesn't satisfy them, state that you wish to defend this matter in court. Go to court and self represent. Plead your case and you will win. Even if you were to lose, no magistrate would convict you of a crime given you have been fully cooperative in this case.

    You shouldn't have to take a hit for this. You can also get further legal advice from your local community legal aid for free in most cases. Good luck!

    • gezza90 on 15/05/2020 - 21:24
      +1

      I would do this as well. Why should OP pay for jb hi-fi worker's mistake. While I agree that he did 'some' due diligence, a photo of licence and physical copy of receipt matching IMEI would've been better. That compared to worker who did no due diligence or didn't respect workplace procedures. OP is at an advantage here.

  • Trying2SaveABuck on 15/05/2020 - 21:38

    Dont give it back they can legally take it from you say you lost or misplaced or something then keep it turned off for a few weeks then turn it on you shouldnt be at a lose because there staff were too lazy they have insurance you done - or demand JB compensate you

    Make sure you dont do it in person! if they come for the phone you might as well hide it

  • gleamnite on 16/05/2020 - 00:06

    Bona fide purchaser for value without notice (BFPFVWN):
    https://sklawyers.com.au/dictionary/bfpfvwn/

  • Ughhh on 16/05/2020 - 00:15

    Kinda curious on what peoples opinion would be if you were in JB Hifis shoes ie. you were a victim of fraud and/or had stuff stolen and sold to someone else.

    • Trying2SaveABuck on 16/05/2020 - 00:20
      +5

      They have insurance for this OP doesnt…

      • gimme on 16/05/2020 - 06:38
        +1

        You mean they have insurance that would reimburse them for every petty theft at their stores? Source please?

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