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I may have to take someone to small claims court. Any advice?

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pablito

Member
Over an iphone. This is tricky, so...

I was phoneless for a while, and decided it was time to get another one. Tell my gf, and she texts her family to get me on their family plan. Her step father went one step further and said he can save me some money on a phone. I agreed (imadeahugemistake.jpg), and he bought me a 6s and allowed me to pay him back. Cool. I was told this phone was new.

Right off the bat, it has battery issues. Shuts off at 60%, 70%, random times. Weird. It was new right? Well, the seller got it fixed and I didn't have to do anything. Cool.

So I use it for a while. I come across storage issues thanks to the pesky "other" storage, so I just decide to backup and do a reset. Did that. Went I was going through setup, it came to the part where you put in your Apple ID. Mine didn't work. So I figure it was probably the seller's ID, so I asked him. He apparently never heard of this issue. So you sell new and used phones and never heard of this. Okay buddy.

I call Apple to see what I can do. They asked me for the serial number or the imei number. Apparently it's supposed to be on the back of the phone. Not on mine. It's like it was never even etched on there. Ever. They asked if I had the original paperwork, or if I can get the numbers from hooking the phone up to iTunes. Told them I'd try to get the info later. Turns out, the seller no longer has the original paperwork. I couldn't get the serial or imei from iTunes since plugging the phone in brought up some incompatibility error message. However I did get the full imei from the part where the sim card goes. I take it to the Apple store and they traced the imei back and determined it was a refurbished phone. All I could do was either get the original ID, or ask for an exchange from the seller.

But the seller is sticking to the phone being new, and that I must have put another ID on it. And he'll sell me another new phone at his cost. Fuck that. After work I will be calling him to try to convince him, but if it doesn't go that route, I'm considering taking him to small claims to get the money back.

However, I didn't initially buy the phone. Gfs stepfather did. Would he have to be the one to do this? I can prove my apple ID once being on the phone because of icloud, but that's it. He's the one that bought it. I'd probably need proof he sold the phone as new, but I wasn't there at the transaction. If the step father has himself and a witness, maybe that's enough? And I'm guessing I'd need whatever shows the phone is a refurb. Don't know if Apple could get that for me, but I'd definitely go back and ask for a printout of whatever they can show me.

Shorter version: A received a phone that was claimed as new. I factory resetted it and there's another Apple ID blocking with noway for me to get back into the phone. Apple traced the phone and determined it was a refurb, but the seller refuses to admit it and won't refund me or exchange the phone for a new one. He insists on me buying a phone at his cost. Can I win in small claims?
 

BearPawB

Banned
Honestly? that doesn't sound worth it..
I know it's what small claims court is for. But tech stuff/not blatantly obvious stuff can be such a quagmire and waste of time. Get out, learn a lesson, move on
 
The Apple, the manufacturer, has proof that it's a refurb I don't know how that wouldn't be enough...right? I mean what other proof would you need?
 

pablito

Member
The Apple, the manufacturer, has proof that it's a refurb I don't know how that wouldn't be enough...right? I mean what other proof would you need?

Well I went to the store and gave them the info and the phone. They come out like 15 minutes later and told me it was a refurb. Just vocally. But I don't think they'd have reason to lie. I should have asked for a print out or something but I was pretty heated during the whole thing and didn't think of it and just bounced. I supposed to could go back though.
 
So, the person that bought the phone can't prove that the person that sold it to them, sold it as new? like a screencap of the auction or whatever if it was online, or a receipt/bill of sale...anything? You'll end up in a he said, she said. A judge prolly isn't going to care about apple id's and such.
 

Sax1031

Banned
So, the person that bought the phone can't prove that the person that sold it to them, sold it as new? like a screencap of the auction or whatever if it was online, or a bill of sale...anything? You'll end up in a he said, she said. A judge prolly isn't going to care about apple id's and such.

judge judy cares
 

Syriel

Member
So I use it for a while. I come across storage issues thanks to the pesky "other" storage, so I just decide to backup and do a reset. Did that. Went I was going through setup, it came to the part where you put in your Apple ID. Mine didn't work. So I figure it was probably the seller's ID, so I asked him. He apparently never heard of this issue. So you sell new and used phones and never heard of this. Okay buddy.

Seller is lying. Anyone who sells iPhones knows of iCloud lock.

It's a security feature.

You were sold a used phone that is tied to someone else's Apple ID.

Seller is scamming you and your family.
 

pablito

Member
What did you pay for the phone?
This. Price?

550

so are you taking your gf's father to small claims court?

have you paid the phone off completely?

Not my gfs step dad. The seller he bought the phone from.

So, the person that bought the phone can't prove that the person that sold it to them, sold it as new? like a screencap of the auction or whatever if it was online, or a receipt/bill of sale...anything? You'll end up in a he said, she said. A judge prolly isn't going to care about apple id's and such.

Vocally would be the only way and if he had people with him. I have the receipt for the phone, though. I could check what it says later.
 

BearPawB

Banned
550



Not my gfs step dad. The seller he bought the phone from.



Vocally would be the only way unless he had people with him. I have the receipt for the phone, though. I could check what it says later.

yikes... why oh why did he pay so much.for a phone from a random dude? what a shit situation

*edit: I guess thats about what they cost. actually its kinda low for supposedly new out of contract. so now im double confused
 

pablito

Member
yikes... why oh why did he pay so much.for a phone from a random dude? what a shit situation

He probably didn't know about the security feature. Shit I didn't know about the feature until this happened to me. Hugely uninformed purchase on our part.
 

Cat Party

Member
For $550 I would threaten small claims but I don't know if I'd file. Depends on whether the seller is local, and if the seller has an actual business.
 

MrGerbils

Member
Yeah this is in nooo way worth the hassle of small claims court.

If anything I would just threaten to file a police report that the dude is selling stolen phones.

Worst case scenario this is a $550 lesson learned.
 
Vocally would be the only way unless he had people with him. I have the receipt for the phone, though. I could check what it says later.

To be clear, the seller is a store, or some guy your gfs dad knows? If store, then yeah I would expect the receipt would be the incriminating document (like, if it didn't say refurb, the implication would be that it was new) and maybe you could move forward. Otherwise...

Edit: I missed that the seller is maintaining that it was new, and you messed it up. Yeah, that's gonna be tough. Good luck!
 
I get being pissed about the phone but is there some reason you can't put the phone in DFU mode and do a recovery? I believe that would by pass the iCloud lock.

ALSO, IMEIs are not on the backs of any iPhone. They are typically under the battery for a phone with removable storage and can be found in the iPhone's settings.
 

pablito

Member
To be clear, the seller is a store, or some guy your gfs dad knows? If store, then yeah I would expect the receipt would be the incriminating document (like, if it didn't say refurb, the implication would be that it was new) and maybe you could move forward. Otherwise...

Edit: I missed that the seller is maintaining that it was new, and you messed it up. Yeah, that's gonna be tough. Good luck!

Yeah it's a store.

I get being pissed about the phone but is there some reason you can't put the phone in DFU mode and do a recovery? I believe that would by pass the iCloud lock.

ALSO, IMEIs are not on the backs of any iPhone. They are typically under the battery for a phone with removable storage and can be found in the iPhone's settings.

Not aware of the DFU mode method. I'll look it up. But what about the serial? Mine doesn't have that. When I told Apple over the phone that it wasn't there, he replied as if it should be. Like "huh, it's not there? weird."
 

The Real Abed

Perma-Junior
ALSO, IMEIs are not on the backs of any iPhone. They are typically under the battery for a phone with removable storage and can be found in the iPhone's settings.
iPhones don't have removable storage. And them not putting info on the outside is a fairly new thing.
 

Syriel

Member
I get being pissed about the phone but is there some reason you can't put the phone in DFU mode and do a recovery? I believe that would by pass the iCloud lock.

ALSO, IMEIs are not on the backs of any iPhone. They are typically under the battery for a phone with removable storage and can be found in the iPhone's settings.

If that were true, iCloud lock would be pointless as an anti-theft measure.

Small Claims court is designed explicitly for this sort of thing. OP should file.
 

Trike

Member
Wait, this isn't adding up. If an Apple ID was required it would have asked for it before you reset everything, not after. All it should be is asking for is for your Apple ID to connect to your services. It just sounds like you forgot your password.
 

pablito

Member
Wait, this isn't adding up. If an Apple ID was required it would have asked for it before you reset everything, not after. All it should be is asking for is for your Apple ID to connect to your services. It just sounds like you forgot your password.

Not sure of the specifics. When I received the phone, it was functional. It was setup by the seller. I was able to add my Apple ID to the phone. I can't remember if it asked for the ID when I reset it, but if it did, it asked the one I know. I only have one and I remember the password. I logged into my ID on my old ipod about an hour ago.
 

gamma

Member
Not sure of the specifics. When I received the phone, it was functional. It was setup by the seller. I was able to add my Apple ID to the phone. I can't remember if it asked for the ID when I reset it, but if it did, it asked the one I know. I only have one and I remember the password. I logged into my ID on my old ipod about an hour ago.

If you completely reset the phone successfully, you should be able to setup your own Apple ID. There is no lock or anything after a reset.
 

Trike

Member
Not sure of the specifics. When I received the phone, it was functional. It was setup by the seller. I was able to add my Apple ID to the phone. I can't remember if it asked for the ID when I reset it, but if it did, it asked the one I know. I only have one and I remember the password. I logged into my ID on my old ipod about an hour ago.

But you are saying you were able to do a factory reset? If you were able to do a factory reset you should not be having these issues.
 
This sounds like taking that anger and misery you feel right now, and prolonging it for months with the possibility of no resolution in your favor.

Take the loss, mark it as scrap on ebay and recoup a couple bucks to put towards a legitimate phone, then make the step father feel guilty through passive aggressive mentions at the next few family events.
 

gamma

Member
Oh I see what you're saying. I did it through settings > general on the phone.

So you reset it through Setting - General - Reset. If that was successful you should be able to add your Apple ID during setup without a problem. There is no lock after that.
 

pablito

Member
Do you place any value on your time?

Lol yeah. Guess I should avoid the court then eh.

This sounds like taking that anger and misery you feel right now, and prolonging it for months with the possibility of no resolution in your favor.

Take the loss, mark it as scrap on ebay and recoup a couple bucks to put towards a legitimate phone, then make the step father feel guilty through passive aggressive mentions at the next few family events.

Yeah I'll probably have to do that. Might make some lighthearted digs at him in good fun.

That's not what I'm saying. I'm saying if you did a factory reset then you should not be having issues with setting it up on your phone.

Right. And that's the reset that I did. Seems like it wasn't the factory since I'm having the issues that I have.
 
Really, just move on. See if apple can do a buyback on it to go towards a different iPhone. Otherwise have them recycle it because with the iCloud lock it's a paperweight and can NEVER be used without that information.

Live and learn, always buy direct from Apple or a carrier no matter what. Never, ever buy an iPhone from random people. This situation is a lot more common then you might think.
 
iPhones don't have removable storage. And them not putting info on the outside is a fairly new thing.
No it's not. There hasn't been an IMEI on the outside of the iPhone since the 3G I believe.

OP, try this: go to settings-> iTunes and see if you can change the ID there to you. If that works you should be golden.

We used to have this ID issue in store when we would log into someone's iTunes account on the computer and then activate a new phone with that same computer. We also saw it when someone would plug their phone into someone else's computer and would download something.
 

kio

Neo Member
Depends on when the phone was purchased, but is it possible to do a chargeback if the phone was purchased with a credit card?
 
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