HT201274: Erase all content and settings on your iPhone, iPad, iPod touch, or Apple Watch
Learn about Erase all content and settings on your iPhone, iPad, iPod touch, or Apple Watch
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Helpful answers
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Dec 30, 2013 8:19 AM in response to Riane26by bobjbkln,Without the pass code there is nothing you can do except get you money back from the person who sold it to you. See: http://support.apple.com/kb/ht5818
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Dec 30, 2013 8:22 AM in response to Riane26by varjak paw,From the story you've been given, I would wager that the iPod is actually stolen. If you can get your money back, do so, but most likely the seller will refuse and indeed you may no longer be able contact him.
In any case, as Bob said, the iPod still has Activation Lock set up on it, and only the person who owns the iCloud account can remove it. If the seller refuses or can't accomplish it, then you've wasted your money. This is why it's a huge risk to purchase a used iOS device from someone you don't know.
Regards.