YAET: Does this sound like a scam to you, or am I overreacting?

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Here is the backgound: bought a "slightly used but in excellent working condition" Cingular 8525 on eBay. Seller has ~180 feedbacks with 97% positive. I receive it today, open the package, fire it up and............................... screen goes haywire, flashing, touchscreen unreposnsive, etc.. Upon closer look at the screen I see a "cloud" under the digitizer, a definite sign of the water damage. I look closer and under the SIM slot there is a sticker with bright purple dots. A little googling confirms water damage. Now, I will say that neither the external package nor the Cingular box inside has any indication of any water damage. My theory is that "enterprising" scammer decided to replace his damaged 8525 courtesy of USPS Insurance Claim.

Here is the real kicker: he did not do a hard reset on the phone before sending it off. I have his personal info, his phone book, as well as 40+ saved Hotmail messages. Kicker #2, scanning through Hotmail messages I find several from PayPal regarding open disputes against him. Uh-oh!

Here is what I have done so far: filed a PayPal dispute. Called him at home and first talked to his mom (apparently he is a teenager) and I told her politely that her son sold me a defective product in excess of $300.00 and he better take care of it stat! She apologized and asked me to call back in half hour. Half hour later I have the kid on the wire and in polite but firm voice tell him that what he did was "not cool" and there would be consequences if he didn't take care of this issue ASAP. In a trembling voice he apologizes and asks me to ship it back to him for a refund.

Here is the plan: I took the pictures of all the damage as well as both boxes. I would like to extract Hotmail messages from the device in case I need to make additional contacts should my little friend decide to go AWOL on me. Any ideas how I might do that?

Also, I'm contemplating notifying his local P.O. of a possible fraudulent insurance claim submission, after I receive my refund of course. Should I do it? :evil:

Sorry for the long post:
 

Slick5150

Diamond Member
Nov 10, 2001
8,760
3
81
Call his Mom back and tell her you want the money refunded to you before you agree to ship anything back, or you'll be contacting the local police department. If they agree, send the phone back once you get the money along with a polite message that you're going to contact USPS if they try to file a claim.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Originally posted by: Slick5150
Call his Mom back and tell her you want the money refunded to you before you agree to ship anything back, or you'll be contacting the local police department. If they agree, send the phone back once you get the money along with a polite message that you're going to contact USPS if they try to file a claim.

That would be great except PayPal will not issue a refund until it is delivered back to the seller.. He did agree to take it back in a written reponse to my claim, so I have it documented.
 

imported_browsing

Senior member
Aug 22, 2006
362
0
0
Usually contracts with minors aren't enforceable, despite their culpability or deception as a part of the original agreement. I'd get a letter from his mother, not send it, force her to send you the cash itself, and leave paypal out of it.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Originally posted by: browsing
Usually contracts with minors aren't enforceable, despite their culpability or deception as a part of the original agreement. I'd get a letter from his mother, not send it, force her to send you the cash itself, and leave paypal out of it.

I doubt he's a minor (though he sounds like a kid), according to his emails he has Amex and Discover.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,589
5
0
Let your local PO know of your suspicions.

Contact the mother and verify the age.
If underage, get a statement from the mother regarding being paid back.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Originally posted by: EagleKeeper
Let your local PO know of your suspicions.

Contact the mother and verify the age.
If underage, get a statement from the mother regarding being paid back.

Good idea
 

imported_weadjust

Golden Member
Apr 23, 2004
1,561
1
0
Originally posted by: EagleKeeper
Let your local PO know of your suspicions.

Cops will tell you it is a civil matter and you have to sue the guy in small claims court.

Insert sound of cop hanging up on you here.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Originally posted by: weadjust
Originally posted by: EagleKeeper
Let your local PO know of your suspicions.

Cops will tell you it is a civil matter and you have to sue the guy in small claims court.

Insert sound of cop hanging up on you here.

He was talking about Post Office. Knowing sending damaged merchandise with an intent to file insurance claim = mail fraud.