Rental phone reselling

beckham2324 Posted messages 3 Status Member -  
 pmu -
Hello, I'm posting this question because I can't find any similar topics online and I'm in a very difficult situation.
In fact, let me explain:
I was looking for an iPhone so I went on Le Bon Coin, where I found an ad with a reasonable price. I contacted the person who set a meeting with me. The phone was really in excellent condition, it came with a warranty, and the phone matched the box and warranty number. The problem is that the phone didn’t recognize my SIM card when I inserted it; however, it worked perfectly with the seller's card (from the same carrier as mine). Since it was a new SIM card, I thought it might be faulty. I bought the phone and once I got home, I called my carrier to find out what the issue was with my SIM card. After a long search, they informed me that, thanks to the warranty I had and the seller's details, the phone I had been sold was a rented phone and the owner had unpaid bills (contract with Free, my SIM card is also with Free). I tried to reach out to the seller again, who said he was okay with taking the phone back (I didn't tell him I knew it was a rental), but of course, afterward, I received no more news and went directly to his voicemail.

So now I am left with a sum of money lost and a rented phone that doesn't belong to me. However, I have a little hope and I'm looking for help. Indeed, I have the seller's details (name, surname, and address) but I'm afraid all of this might not be accurate (maybe it’s not his real home, his real name...) and that the contract might have been taken out with a fake ID or I don't know how it could be done. Is that possible? Because I suspect the person had to provide a bank account and an ID... Has this ever happened to someone else?
I thought about filing a complaint, but I’m afraid it won’t lead to anything.

PLEASE HELP ME!

Thank you.

4 answers

  1. beckham2324 Posted messages 3 Status Member 1
     
    First of all, thank you for your response.
    After doing some research, the name of the person and the address match, so I have some information about him, which I think is significant.
    I am going to file a complaint, especially since I have really done a maximum of research and this is not his only ad on Le Bon Coin! But the doubt about the veracity of his information persists because I find it strange that he is able to carry out this kind of scam using his real name and real address... I have read quite a few posts, and I'm afraid that at the police station they will dismiss me since I don't have proof of purchase since it's a private seller (however, he sent me quite a few messages discussing the price, etc., I don't know if that could be useful). Moreover, I contacted Free to inform them and they simply replied to try to recover my money by exchanging it or filing a complaint...
    In any case, I am not going to let this matter go and if I need to sue him, I will, maybe that will make him react...
    Thank you in any case for your response!
    1
  2. nadellen Posted messages 11941 Registration date   Status Member Last intervention   7 353
     
    hello
    indeed, a delicate problem
    what I can say about it
    the phone is rented, so there is a contract on it
    free (since it’s them) does not take things lightly
    they have information that overlaps, which you might not have
    by comparing this information, it will be possible to get an idea of the scam,
    whether it is just about the sale of a property that didn’t really belong to the seller
    or if it’s more serious regarding the name and details

    file a complaint, even if it amounts to nothing you will still have a receipt, and from there, a proof that releases you from any potential accusation of theft or receiving stolen goods.
    insist if necessary to get proof...
    whether it comes from the seller ready to do anything to prove his bad faith, or from free
    contact free and explain yourself, they might be able to find an explanation, and a solution
    you actually have two problems to solve
    recover your money,
    or
    be able to use the phone as you wish

    I think it will end with the recovery of the mobile by free (it belongs to them)
    either they offer to take back the rental contract without the arrears of course, and you keep your current number
    or they take it back outright, and it’s settled, they have their mobile and you nothing
    or you recover your money, the seller retrieves his phone,
    but that seems doomed to fail, and you know it well, and the words and promises of repayment, even in installments, disappear
    however, it is possible, if the seller is ultimately well identified, to recover something by going through a local judge
    The local judge (free procedure)
    You can bring the local judge to a procedure concerning amounts less than or equal to €4,000. He deals with all everyday life disputes.
    Friendly procedure
    The local judge can be seized by individuals to end a dispute following an amicable procedure. In this case, it is possible to seize the judge by:
    request for conciliation,
    but also joint request of the parties, voluntary presentation of the parties before the judge which probably won't be your case.

    The conciliation attempt can be carried out using the cerfa form n°14333*01.

    If the parties do not find an amicable solution, one or the other may again bring the same local judge to resolve the dispute after a civil trial: the ordinary procedure for seizing is that of the declaration at the registry.
    read carefully here:
    https://www.service-public.fr/particuliers/vosdroits/F1785#OuSAd
    I sincerely believe that the seller is not a pure scammer, but that he is cornered by his debts, he tried his luck, but the fear of a procedure will scare him; he will recover his phone, and you will quickly get your money, or with a payment plan, which he will be required to respect
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  3. nadellen Posted messages 11941 Registration date   Status Member Last intervention   7 353
     
    re
    "it's not his only ad on Le Bon Coin"
    this would confirm that he is cornered, and that he is trying to recover some cash by any means necessary, but the phone is not stolen, nor fell off a truck, nor is it fake, so it's not a scam in the strictest sense of the term, as we most often see
    Le Bon Coin does not have a good reputation in terms of the safety of sellers and buyers... vigilance is essential
    your mistake was accepting the deal, knowing that your card was not working! That was already a sign that should have alerted you, but well, it's done!
    prefer Priceminister in the future..
    as I mentioned earlier
    insist on filing a complaint, using the seller's name and address, according to the information you have
    it's not your job to verify if they are correct or not
    you can also provide copies of the messages, it doesn't hurt, but above all, print and keep everything related to the case

    demand a complaint, even if the agents try to discourage you, which I would be surprised by, knowing that you have a name and an address; it's not like filing a complaint, for example, for a cart bumping into a car against "someone" who didn't leave their card, and without a witness...
    then, with the receipt, you are already covered
    after that, depending on the zeal of the police, the seller will be contacted, and it will follow its course, or nothing will happen and the judge will be able to decide, etc. etc.
    otherwise, the solution remains to do nothing, and to just write off your money..
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    1. beckham2324 Posted messages 3 Status Member 1
       
      Hi,
      Yes, I'm a bit worried that the police won't do much because I know they have other things to handle, but still...
      This is the first time I've been scammed on Le Bon Coin because usually I take all the necessary precautions, but this time, with the warranty, the fact that the guy met me at the warranty address, the fact that his Free SIM card was working, etc., I never thought about the resale of a leased phone unfortunately. Even the person I spoke to on the phone from Free confirmed to me that the only way to know if the phone was leased was to contact them, and even then, they are not supposed to disclose any information about the customer. Anyway, I'll let you know if there are any updates, hopefully!
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  4. pmu234 Posted messages 1 Status Member
     
    Hello, the post is a bit dated but I'm in the same situation except that the mobile I bought is still working. How did it end?
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    1. Lou0919
       
      I'm in the same situation, phone bought yesterday and when calling Free I realize it's on a rental... the phone works perfectly. How did your story end? Thank you!
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    2. pmu
       
      Quel est le numéro pour appeler Free ?
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