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Craigslist - Bought new phone, 3 month's later it stopped working

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Krim

Junior Member
State - California

In October of last year I bought a Nexus 4 off of someone from Craigslist. There are a series of emails exchanged in which the seller claims the phone was not stolen and indeed hers. We meet up in front of a security camera at a Bank of America. I inspect the phone and it worked fine. Paid her $220 for the phone and was set from there. The seller seemed legit considering how she was willing to meet at such a place and was overall a nice person.

2 days ago on January 14, 2014, I noticed my phone had no signal. I called T-mobile and they said the previous owner stopped making payments on the phone and that I should try and get a refund from the seller. I called the seller, told her the problem, and she said her dad owned the phone before her. I was not aware of this and she never mentioned this before. I asked her to call her dad to ask him what's going on. She called but said she could not reach him because he's working on the East Coast as a truck driver. I have no clue how she can't considering how she can just flat out call him or even leave a text for him. She suggested I visit a T-mobile store and ask someone there why my phone is inactive since I am the new owner of the phone. Went to a T-mobile store - they told me they can't do anything about it and that I need to contact the seller to get a refund or have the seller/seller's dad pay off the balance. Tried calling the seller, but she has not responded. I left two voicemails - 1 yesterday, and another one earlier today. I called her several times during the day yesterday and today, but no response. So now I'm sitting here out $220 with a phone that might as well be the Android version of an iPod Touch and no convenient way to contact anyone.

I recorded the entire transaction secretly in both video and audio. I also have the exchanged emails showing the claims made by the seller. Do I have a strong enough case and enough evidence to bring this matter to court? What are my odds of winning if it does?
 


Silverplum

Senior Member
State - California

In October of last year I bought a Nexus 4 off of someone from Craigslist. There are a series of emails exchanged in which the seller claims the phone was not stolen and indeed hers. We meet up in front of a security camera at a Bank of America. I inspect the phone and it worked fine. Paid her $220 for the phone and was set from there. The seller seemed legit considering how she was willing to meet at such a place and was overall a nice person.

2 days ago on January 14, 2014, I noticed my phone had no signal. I called T-mobile and they said the previous owner stopped making payments on the phone and that I should try and get a refund from the seller. I called the seller, told her the problem, and she said her dad owned the phone before her. I was not aware of this and she never mentioned this before. I asked her to call her dad to ask him what's going on. She called but said she could not reach him because he's working on the East Coast as a truck driver. I have no clue how she can't considering how she can just flat out call him or even leave a text for him. She suggested I visit a T-mobile store and ask someone there why my phone is inactive since I am the new owner of the phone. Went to a T-mobile store - they told me they can't do anything about it and that I need to contact the seller to get a refund or have the seller/seller's dad pay off the balance. Tried calling the seller, but she has not responded. I left two voicemails - 1 yesterday, and another one earlier today. I called her several times during the day yesterday and today, but no response. So now I'm sitting here out $220 with a phone that might as well be the Android version of an iPod Touch and no convenient way to contact anyone.

I recorded the entire transaction secretly in both video and audio. I also have the exchanged emails showing the claims made by the seller. Do I have a strong enough case and enough evidence to bring this matter to court? What are my odds of winning if it does?
Did you bother to check CA's laws on recording conversations? I did.
 

justalayman

Senior Member
I missed the part where you said you opened an account with t-mobile and attached your newly purchased phone to your account. When you did that, t-mobile said nothing about the phone being attached to an account that was delinquent?
 

Krim

Junior Member
I've had T-mobile before getting the Nexus 4. My dad was the one that took my phone to a T-mobile store and have everything transferred. I was told nothing about delinquency.

Silverplum, you mind telling me about the law regarding that then?
 

justalayman

Senior Member
I've had T-mobile before getting the Nexus 4. My dad was the one that took my phone to a T-mobile store and have everything transferred. I was told nothing about delinquency.

Silverplum, you mind telling me about the law regarding that then?
so, whose account is this phone on, yours or your father's?

anyway, since it appears the "owner" of the phone had not paid it off, there is a balance due. Either pay that or tell the seller to refund your money. If they refuse, you may have to sue them. If you win, all you have to do is collect on the judgment./
 
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Krim

Junior Member
What are my odds of winning the case though? Judging from Silverplum's reply, I'm getting the implication that I can't use what I recorded in court because the seller was not aware that she was being recorded, despite the fact that the transaction was made in a public setting.

My account is on the phone, but my dad is the primary account holder for the family.
 

justalayman

Senior Member
You should be able to prove your case, even without the recordings. It is a simple contract and the goods offered were not owned free and clear by the seller. As such, they were obligated to inform you of that fact and allow you to determine if you wanted to continue the contract or kill it.

Unless there is something not being disclosed, I don't see a problem prevailing should it come down to suing them.
 

OHRoadwarrior

Senior Member
Based on your story, the phone appears to meet her claim. Unless you have proof the phone was stolen from dad by her, you received exactly what you paid for. The failure to understand T-Mobile contracts before making the purchase is your fault.
 

Proserpina

Senior Member
I've had T-mobile before getting the Nexus 4. My dad was the one that took my phone to a T-mobile store and have everything transferred. I was told nothing about delinquency.

Silverplum, you mind telling me about the law regarding that then?


You need consent from ALL parties to legally record a verbal exchange.

I do not think this is a slam-dunk for you, at all.

Even if you got a judgment (which I doubt anyway), collecting is an entirely different matter.
 

Krim

Junior Member
Based on your story, the phone appears to meet her claim. Unless you have proof the phone was stolen from dad by her, you received exactly what you paid for. The failure to understand T-Mobile contracts before making the purchase is your fault.
But she withheld information that was critical to the transaction. I don't see how I got "exactly what I paid for" considering that.
 

Krim

Junior Member
But what about the Implied warranty of title? According to this, it is automatically implied that there are no undisclosed liens or claims from the sale of the phone and the seller did claim to have good title to it.
 

TheGeekess

Keeper of the Kraken
But what about the Implied warranty of title? According to this, it is automatically implied that there are no undisclosed liens or claims from the sale of the phone and the seller did claim to have good title to it.
You got greedy and you got scammed. Happens on eBay, Craigslist, the flea market. Most people realize and learn from their mistake and carry on without ein Sturm im Wasserglas. :cool:
 

Krim

Junior Member
What if I can prove that she had a reasonable expectation of being recorded because she agreed to specifically meet up in front of the security camera in front of the Bank of America? This was specifically stated in the email transactions.

And how the hell am I greedy? Just cause I wanted to buy a phone?
 
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swalsh411

Senior Member
What if I can prove that she had a reasonable expectation of being recorded because she agreed to specifically meet up in front of the security camera in front of the Bank of America? This was specifically stated in the email transactions.
Security cameras like that don't record audio. You recorded audio without her consent. I would forget all about this illegal recording you made.

And how the hell am I greedy? Just cause I wanted to buy a phone?
Perhapes not greedy by naive.

Go ahead and sue. It's your only shot.
 

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