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939 posts

Ultimate Geek
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  Reply # 660336 23-Jul-2012 12:43 Send private message

aidansmith96: Any thoughts on the new skinny network ? and might try a new 2 degrees sim, as if I take it to the police there is the chance of losing the phone and my money.


It's not your phone. Do the honest thing and take some of the advice you have already been given.

The ONLY thing you should consider doing now is this (TradeMe advice):

If you think that an item listed is stolen then the owner of the goods should contact the Police. The owner of the goods will need to provide the Police with the auction number and any additional information that proves the item belongs to them. Unfortunately we are unable to do anything until we get a request from Police.

If you believe that you have received stolen goods then you should contact the Police immediately.

We work closely with the police and are able to take action at the request of the police.


Source: http://www.trademe.co.nz/help/666/i-believe-an-item-listed-may-be-stolen

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Ultimate Geek
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  Reply # 660337 23-Jul-2012 12:44

I'll also point out that the maximum penalty for receiving stolen goods valued at over $1000 (which if you go by RRP this certainly qualifies) is 7 years imprisonment.

Even if you are not aware that the phone was stolen at the time that you received it, if you continue to use it after you become aware that it is stolen then the law says you have 'excercised a dominion or control' over those stolen goods and you then become guilty of receiving.

BDFL
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  Reply # 660338 23-Jul-2012 12:49 Send private message

aidansmith96: Any thoughts on the new skinny network ? and might try a new 2 degrees sim, as if I take it to the police there is the chance of losing the phone and my money.


Skinny = Telecom New Zealand.

You have to take it back to the police as it's stolen. If you are caught with this phone then YOU are the person being charged.







39 posts

Geek


  Reply # 660340 23-Jul-2012 12:53 Send private message

As above, I have contacted the police but heard nothing back yet. But thanks for the heads up. Do you know th process they take with stolen phones ?

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Ultimate Geek
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  Reply # 660341 23-Jul-2012 12:54 Send private message

aidansmith96: Any thoughts on the new skinny network ? and might try a new 2 degrees sim, as if I take it to the police there is the chance of losing the phone and my money.


Skinny is telecom, same black list.

It sucks, you got a phone that has been blacklisted, but you have to report it, sure 2 degrees might work but once they start to share black lists with vodafone/telecom then the phone will stop working.

Contact the seller, tell them its black listed and you are going to police to file a report, tell them you expect a refund ASAP as they have sold stolen goods.

If they don't refund it, go and file with the police, you can then file court papers on the user to get your refund at the courts (take along a copy of the police report).

If they do offer a refund for the return on the phone then its up to you if you return the phone for the refund but they will just list it again and someone else will end up with the problem.

If it was me I would be going to the cop shop later today to file a report and court papers 




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Ultimate Geek
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  Reply # 660348 23-Jul-2012 13:00 Send private message

aidansmith96: As above, I have contacted the police but heard nothing back yet. But thanks for the heads up. Do you know th process they take with stolen phones ?


If you contacted the Police they would have asked you to go to your nearest Police station with the phone and your evidence. Evidence includes a printout of the auction page, a printout of any email communications you had with the seller, and a printout of evidence showing you had paid for the auction. A report gets taken and you are asked to sign. The Police then investigate and contact TradeMe for further information. You can expect to hear back from them at the conclusion of their investigation whereupon they will tell you what happens next and what your remedies are. 



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  Reply # 660358 23-Jul-2012 13:13 Send private message

If I file a report would I end up with my money back ? And should I alert the police to the seller after (if) they give me a refund so the police can sort it out with the rightful owner ?

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Ultimate Geek
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  Reply # 660361 23-Jul-2012 13:20 Send private message

aidansmith96: If I file a report would I end up with my money back ? And should I alert the police to the seller after (if) they give me a refund so the police can sort it out with the rightful owner ?


Well if it was me i would be telling the seller that the phone is blacklisted with telecom and vodafone (they share the same list) the reason for blocking of phones are because 
1) they are reported stolen or lost
2) They have been claimed on insurance and reported as a lost/stolen phone

I will then tell the seller as this is the case you are requesting they refund you the $ ASAP and supply your bank account number.

Tell them as the phone is reported stolen/lost that you will also be taking it down to the police station this afternoon / tomorrow to file a report and will also need to supply the "sellers" information and this will include 
1) A print out of the auction
2) all emails with the seller
3) proof that you paid the amount.

Then say something like "I am just giving you a heads up as you maybe contacted by the police for more information about the phone".

You might get a reply like

"I will refund the money if you return the phone"

Then its your call, make sure you get the money first however before returning the phone.

I would be more include to get a refund from the seller then take it to the cops as they will just try and sell it again.





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  Reply # 660362 23-Jul-2012 13:24 Send private message

Since we know the IEMI (35981004074343), the TradeMe seller ( http://www.trademe.co.nz/Members/Profile.aspx?member=2729132) and the TradeMe buyer( http://www.trademe.co.nz/Members/Profile.aspx?member=435924)  now all it is going to take is for someone to drop these details to the Police and you will get a knock on the door and be done for receiving stolen property as well as the seller.

At that point you will be down your $500 and looking at a fine for receiving stolen property, which from the thread shows you acknowledge.

So I guess its just a matter now of whether you contact the Police before someone else does (Hint if you are first then I doubt you will end up in court).



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  Reply # 660364 23-Jul-2012 13:28 Send private message

aidansmith96: If I file a report would I end up with my money back ? And should I alert the police to the seller after (if) they give me a refund so the police can sort it out with the rightful owner ?


What you do and how you do it is a personal decision. I would just go to the police and not contact the seller at all. You might be creating an unnecessary risk for yourself by getting involved with someone who could be a criminal.

What if the seller says "I will go to your place with the money and you give me the phone then"? Would you trust this person coming to your home?

I don't think you're considering consequences. Think before you act.







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  Reply # 660453 23-Jul-2012 15:59 Send private message

As above I have contacted the police (email). As the seller hasn't emailed me back. And dude. That is the lowest of the low dobbing someone in who is trying to get it sorted out.

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  Reply # 660496 23-Jul-2012 16:57 Send private message

jaidevp: Update : It is blacklisted as suspected.  I'll leave it to the OP to fill in details if they want to..

The reason why you may have got the not blocked reply from the CSr's, is because we employ 2 types of blocks, SIM blocks and device block or both.  Your SIM is not blocked.










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  Reply # 660505 23-Jul-2012 17:00 Send private message

Thank you for the help, much appreciated.

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Telecom NZ

  Reply # 660775 24-Jul-2012 08:30 Send private message

Just a FYI I have spoken with a friend of mine who works at TradeMe and asked if they had plans to add in a IMEI check as part of listing phones and get a copy of the EIR database from Telecom & Vodafone to cross reference. It's been bumped up their internal suggestions list and we will see what happens.




I work for Telecom, but as always my views are my own.

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  Reply # 660776 24-Jul-2012 08:30 Send private message

plambrechtsen: Just a FYI I have spoken with a friend of mine who works at TradeMe and asked if they had plans to add in a IMEI check as part of listing phones and get a copy of the EIR database from Telecom & Vodafone to cross reference. It's been bumped up their internal suggestions list and we will see what happens.


Good work!

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