I bought an iPhone 5 off of craigslist, which unbeknownstome was stolen

Question

Level 1

12 points

I bought an iPhone 5 off of craigslist, which unbeknownstome was stolen

Before I start, I just want to let everyone know that I know exactly what most of you will say, but I beg you to read this with an open-mind and understand where I'm coming from and my position. I am also a victim in this situation, just like the girl whose phone was stolen.

I bought an iPhone 5 from somebody on Craigslist who told me it was his girlfriend's phone which he was selling. Prior to me buying it from him, I interogated the guy asking him all sort of different questions such as the reason he was selling the iPhone 5 and condition of the phone and the guarantee, etc. I wanted to make sure it was not a stolen phone or a messed up phone that was no working properly. I freshly remember it being a 10-minute conversation covering all of that,so I want to make clear, that I indeed had no idea it was a stolen phone.

Now, as soon as I had bought the phone from the guy I went to a redpocket store to try and activate it with their nano sim card, and that's when I came across with the iCloud Activation Lock with a message which said something along the lines "This is a lost phone, please call me" with the number written down. As soon as I saw that, I called the guy who sold me the phone to ask him what the heck that was about, but he did not reply and that's when I realized I had been officially scammed. I contacted the original owner of the phone and we talked for hours comparing notes on the guy and sharing our story about how her phone was stolen and how I bought the phone from this guy etc. She told me she already had a new phone(iPhone 5S) but she still had a lot of photos on that phone and that she wants to see if she can recover it somehow so she wanted me to return it her phone and she would give me $100 recompense. When she offered that deal I was torn...cause I did not feel like it was a fair deal, but at the same time I wanted to help her. So I eventually made it clear that I wasn't too happy with that deal so she actually came up with a new one...

"Give me $200 and you can keep the phone, but we would have to meet at an Apple store, that way I/they can make sure all my memory is wiped out"

I don't know if it's just me, but it sounds too risky. Do you guys think she might try to pull one under me and try to stay with the phone without me getting something in return? God knows who she might show up with. Can she do that? When it comes down to it, I am not the person who stole her phone...like I said, I am a victim, just like her and all I wanted was to work something out which would be fair for the both of us. I could have easily sold it forward to another person for the same price I was scammed, but I didn't cause I don't do unto others what I don't want others to do unto me. So just think about that before you all yell at me saying "RETURN HER iPHONE BACK!!!!11111"

So yea, this is basically a post for ideas and suggestions about what I should do.

iPhone 5, iOS 7, Unlocked

Posted on Jan 2, 2014 10:27 PM

Reply

Answer 1

S_keyc

Level 1

8 points

Jan 11, 2017 4:32 PM in response to willscosme

I recently have had the same situation come about ! The iCloud lock makes it so I can't use the phone I don't know who the phone belong to prior to me buying it off of a website called let it go ! Even though I'm out $70 if I knew who the phone belongs to I would just give it back to them and not ask for a dime everybody's situation is different though depending on how much you spent ! However because I met the person I bought the phone for at their home I do know where they live ! Now I don't want to go over there and just pop up and be like hey jerk give me my money back ! That can be dangerous so I recently found some of his family members because I also when I met him found out he's only 15 years old So I'm going to try to get a hold of his parents and try to figure something out that way

Reply

Answer 2

ckuan

Level 10

120,686 points

Jan 2, 2014 10:33 PM in response to willscosme

Make a report to the police and hand the iPhone to them.

Reply

Answer 3

willscosme Author

Level 1

12 points

Jan 2, 2014 10:39 PM in response to ckuan

You obviously did not read the "be realistic and read this with an open-mind" seriously I don't need the politically correct answers. I would love to do that, but we all know the police is not going to do anything about it. Dealing with lost/stolen phones is a JOKE to the police and they're not going to do anything about it. I have everything to lose and nothing to gain from this.

Reply

Answer 4

nbar

Level 5

7,019 points

Jan 2, 2014 10:39 PM in response to willscosme

How much did you pay for the phone from the thief?

Can she do that?

Yes, absolutely. Her phone was stolen and then sold over the quasi black market [Cragislist]. She has proof of purchase and the associated apple ID by which the phone is locked.

Reply

Answer 5

willscosme Author

Level 1

12 points

Jan 2, 2014 10:53 PM in response to nbar

What's your personal opinion on this? Do you think she's luring me into the Apple Store out of all places in order to do this & prove that it's HER phone and that way not give me anything in return? I feel like she can make sure the memory is wiped out clean HERSELF, she doesn't need to go to the Apple Store for that, it seems like a cheap excuse, which is why it sounds suspicious. Should I meet her SOMEWHERE else to avoid this? Do you think she's going to show up with the police?

That's the thing, deep inside me I doubt it, cause I have NOT refused to give it back or blackmailed her, I simply asked for a fair exhange, I have not said the word "no" to her so I don't think is needed for her to pull one on me like that. After all we have talked on the phone for hours and know each other's situation and made it clear that we want to help each other considering we're both victims I don't know. What you think...

P.S I bought it for $400 from the thief.

Reply

Answer 6

nbar

Level 5

7,019 points

Jan 2, 2014 10:49 PM in response to willscosme

Both of you got scammed, but she is trying to recoup her losses just as you are.

Here's the thing: there is no way to use that phone without her consent.

Beyond that, there is no advice I can give.

Reply

Answer 7

Jesusv87

Level 1

60 points

Jan 2, 2014 10:59 PM in response to willscosme

I would say return to it. You are loosing money on that but doing a good deed is better. You wont be able to use the phone anyway. No one can crack the Activation Lock, so you have a useless phone.

You learned a valuable lesson. Never buy second hand iPhones or iPads from complete strangers.

IMO you should of taken the $100 she offer to compensate. Selling phone for parts its going to be about the same. Unless if you plan to scam someone else and that's just awful.

Reply

Answer 8

nbar

Level 5

7,019 points

Jan 2, 2014 10:59 PM in response to Jesusv87

" You are loosing money on that but doing a good deed is better. "

😁😁😁!!!

"You learned a valuable lesson. Never buy second hand iPhones or iPads from complete strangers."

Reply

Answer 9

willscosme Author

Level 1

12 points

Jan 2, 2014 11:05 PM in response to Jesusv87

I have no desire to scam someone in the same way I was scammed. I'm leaning more towards the 100 bucks recompation since I do NOT believe for one bit that she's gonna let me have the phone for $200. I have a bad feeling about it, she might f*ck me over.

Reply

Answer 10

nbar

Level 5

7,019 points

Jan 2, 2014 11:07 PM in response to willscosme

Your decision seems wise. Read by subsequent posts. You have learned a lesson, now, cut your losses.

Reply

Answer 11

Jesusv87

Level 1

60 points

Jan 2, 2014 11:09 PM in response to willscosme

As long as you meet in a public place and you have a friend of yours watching out from far things should be fine.

Reply

Answer 12

Mar 4, 2014 2:43 PM in response to willscosme

Now sorry but get real people !! Please if u have negative stuff to say don't post .., I would like to get the oppenion on the original post from willscome thx ... As we all know nobody likes to lose $ we all know it's against the law to purchase stole stuff but there is nothing we can do if we were not aware ...

Reply

Answer 13

Mar 4, 2014 3:04 PM in response to willscosme

On the one hand, it IS illegal to purchase stolen items. BUT, even if you do your most thorough backchecking (which it seems Willscosme did) and you find no evidence of it being stolen and it turns out to be stolen how can you be at fault when you had no clue? How is it ok for him to be at fault when he was only trying to purchase an iphone and help someone out all while not losing money? You just have to balance it out and I think that since the owner and he both came to an agreement, then that is about as fair and good of a situation as you can get.

Reply

Answer 14

May 6, 2014 8:27 PM in response to willscosme

If you had done your due dilligence and checked the IMEI number and serial number on the phone you would have known it was stolen. Just turning it on when you are buying it would have told you it was stolen.

Reply

Answer 15

Jun 8, 2014 8:54 AM in response to willscosme

It's rare that Craigslist phone scam victims like yourself are able to identify or get in touch with the original owner.

Given that you're in contact with the original owner and you both can identify the thief I think the police might be able to help in this situation. If the original owner is willing to file a police report about the stolen phone and you're willing to turn it in to the police then the distict attorney would have an "open and shut" case with the evidence (iPhone) and testimony of the proper original owner (victim) and testimony from the buyer (victim). Get her to put in writing a summary of the situation where she identifies you as a victim and identifies the thief. If you can get her to get that Affidavit notarized at a Notary Public then that protects you to some degree.

Depending on the situation you might just get back in touch with the ex-boyfriend at that point and tell him point blank you have a legal notarized Affidavit identifying him as a thief and seller of stolen goods and you'll take it to the police and District Attorney if he doesn't refund your money in full. Then get your cash, return the phone to the proper owner, and then if she can get it reactivated buy it from her or take your cash elsewhere.

If you and the gal go the police and present an open/shut case eventually the iPhone (evidence) will be returned to the gal after the boyfriend is convicted and if you're a party to the case you may get the judge to order compensation back to you of the amount of cash he stole from you via fraud. That's the ideal world, but remember we have a "legal system", not a "justice system" and anything can happen in court. I strongly suggest getting a notarized Affidavit from the gal identifying the thief and identifying you as a victim. That notarized document would provide the most protection for you in any way the situation unfolds. If the original owner reconciles her relationship with the boyfriend and declines to press charges against him then at least with the Affidavit the D.A. could proceed with that as her testimony and again protects you.

Reply