eBay selling iPhone 5 stolen

Rugaby

Genius
Gold
Feb 18, 2011
7,122
1,219
113
Washington state
#2
Happens all the time. It's a glorified IPod now.
Some people find the phone and don't realize they can unreport it stolen.
Or it is a stolen phone and they are selling it as such. At least they tell you upfront it is a bad esn.
 

Rafagon

Genius
Gold
Dec 7, 2011
7,566
1,252
113
44
Miami, Florida
#3
That's disappointing--and ebay allows this obvious sale of a stolen item to go through? Pathetic!

The police report never generated any leads for you? Did you call back to follow-up?
 

FFAP1234

Member
Bronze
Jun 12, 2010
429
12
18
#4
That's disappointing--and ebay allows this obvious sale of a stolen item to go through? Pathetic!

The police report never generated any leads for you? Did you call back to follow-up?
I'm just waiting, it is still in progress, I was told that it was going to take about 45 days. After 45 days my phone will be in who knows whose hands.

I already gave up my iPhone, what makes me more upset now is the way everything is handling. AT&T told me the AT&T insurance does wonders, in other words if I were paying for the insurance they would have confront the person who was using my phone. I do have my doubts about AT&T collaborations, they didn't want to give me the IMEI number of my phone even when I talked to a supervisor. We had to have a 3 way conference with Apple for them to update the wright EMIE number, when I call today they they still give me a different one. I feel they protect the thief and no me, it is very frustrating.
 

raqball

Evangelist
Gold
Jan 30, 2011
1,079
199
63
So. California
#5
I'm just waiting, it is still in progress, I was told that it was going to take about 45 days. After 45 days my phone will be in who knows whose hands.

I already gave up my iPhone, what makes me more upset now is the way everything is handling. AT&T told me the AT&T insurance does wonders, in other words if I were paying for the insurance they would have confront the person who was using my phone. I do have my doubts about AT&T collaborations, they didn't want to give me the IMEI number of my phone even when I talked to a supervisor. We had to have a 3 way conference with Apple for them to update the wright EMIE number, when I call today they they still give me a different one. I feel they protect the thief and no me, it is very frustrating.
Your best bet still is to stay on the police..

They have the power to do many things that you don't.. They can subpoena AT&T and get the account information (Name, address, ect) for the account owner that your lost / stolen iPhone is being used on..

Did you ever get a case # from the police?

If yes, follow up with the reporting officer or the detective assigned the case.

If no, walk into the police department headquarters and ask to speak with a commander and not just a regular supervisor.
 

FFAP1234

Member
Bronze
Jun 12, 2010
429
12
18
#7
Your best bet still is to stay on the police..

They have the power to do many things that you don't.. They can subpoena AT&T and get the account information (Name, address, ect) for the account owner that your lost / stolen iPhone is being used on..

Did you ever get a case # from the police?

If yes, follow up with the reporting officer or the detective assigned the case.

If no, walk into the police department headquarters and ask to speak with a commander and not just a regular supervisor.
" I just received the subpoena from Judge Foster this morning (at 1015 hours) and have served the subpoena to AT&T Subpoena Compliance as of 1045 hours this date via fax. AT&T has until December 28, 2012 at 0900 hours to comply. Now, we wait."

That is a copy of the email I got 11/26 from the official who took the case, so I am patiently waiting : (
 

raqball

Evangelist
Gold
Jan 30, 2011
1,079
199
63
So. California
#8
" I just received the subpoena from Judge Foster this morning (at 1015 hours) and have served the subpoena to AT&T Subpoena Compliance as of 1045 hours this date via fax. AT&T has until December 28, 2012 at 0900 hours to comply. Now, we wait."

That is a copy of the email I got 11/26 from the official who took the case, so I am patiently waiting : (
Awesome!

Don't expect a quick resolution though as it all takes time and effort.

Once AT&T responds detectives then speak with the account holder who may or may not play games. If that person decides to cooperate it could go quickly but if they don't it turns into a long drawn out kind of thing.

The PD may forward charges to the DA and then you wait for the DA to file charges. Then a very long wait for a court date that could get continued to a later date several times over.

Lastly, assuming it goes to court, if the person is found guilty and ordered to pay restitution getting that restitution payed back could be another lengthy time frame.

Hopefully the account owner, when confronted by the police, tells some lame story about how they found the phone, didn't know it was stolen, and hands the phone to the officer..

In this instance charges may not be filled because it would be difficult to disprove the story but you would at least get your phone back..

Looks like you are on track so keep at it and good luck!
 

FFAP1234

Member
Bronze
Jun 12, 2010
429
12
18
#9
Do his eBay account name ring a bell. Or contact him like if your going to make him a offer ?
No, that isn't my phone, mine is white, also 32GB. My point is that I see that there are many of us who lost or had their phone stolen, I can see my phone been sold the same way. Doesn't it ring a bell when IMEI is bad and is sold with no accessories, no box, no nothing else? There got a be something else we can do and not just give up and go and get a new one to solve the problem.
 

FFAP1234

Member
Bronze
Jun 12, 2010
429
12
18
#10
Awesome!

Don't expect a quick resolution though as it all takes time and effort.

Once AT&T responds detectives then speak with the account holder who may or may not play games. If that person decides to cooperate it could go quickly but if they don't it turns into a long drawn out kind of thing.

The PD may forward charges to the DA and then you wait for the DA to file charges. Then a very long wait for a court date that could get continued to a later date several times over.

Lastly, assuming it goes to court, if the person is found guilty and ordered to pay restitution getting that restitution payed back could be another lengthy time frame.

Hopefully the account owner, when confronted by the police, tells some lame story about how they found the phone, didn't know it was stolen, and hands the phone to the officer..

In this instance charges may not be filled because it would be difficult to disprove the story but you would at least get your phone back..

Looks like you are on track so keep at it and good luck!
So only if it goes to court I will see the person? I'm afraid that I will recognize him since he should be from the same gym I go.
 

raqball

Evangelist
Gold
Jan 30, 2011
1,079
199
63
So. California
#11
So only if it goes to court I will see the person? I'm afraid that I will recognize him since he should be from the same gym I go.
That depends on a bunch of different things but since its such a minor property only crime (not minor to you by any means but minor in what the police deal with daily) that may very well be the only time you would actually see the person responsible.
 

FFAP1234

Member
Bronze
Jun 12, 2010
429
12
18
#12
That depends on a bunch of different things but since its such a minor property only crime (not minor to you by any means but minor in what the police deal with daily) that may very well be the only time you would actually see the person responsible.
Thank you for all your input : )
 

Kgd0630

Contributor
Bronze
Aug 8, 2010
330
33
28
Anderson, SC
#15
All bad Esn on ebay aren't stolen. I have sold 2 for a family member that had to cancel their contracts due o the cost. That gives the phones on Verizon network bad esn until the ETF is paid. The phones sold quickly at a decent price, but not close to a full function iPhone price.
 

raqball

Evangelist
Gold
Jan 30, 2011
1,079
199
63
So. California
#16
All bad Esn on ebay aren't stolen. I have sold 2 for a family member that had to cancel their contracts due o the cost. That gives the phones on Verizon network bad esn until the ETF is paid. The phones sold quickly at a decent price, but not close to a full function iPhone price.
I believe Verizon and Sprint flag the ESN for non payment of bill but I do not think AT&T does.. A flagged AT&T phone (like the one in the eBay ad the OP posted) would almost always mean it's stolen / reported as lost..

Edit to correct: I guess AT&T just started blocking phones for non payment a few months ago...
 

Rugaby

Genius
Gold
Feb 18, 2011
7,122
1,219
113
Washington state
#19
I believe Verizon and Sprint flag the ESN for non payment of bill but I do not think AT&T does.. A flagged AT&T phone (like the one in the eBay ad the OP posted) would almost always mean it's stolen / reported as lost..

Edit to correct: I guess AT&T just started blocking phones for non payment a few months ago...
Blocking yes. Not flagged for stolen. 30 days after account is deleted for Non payment that phone is released due having the ETF applied. Is against the law for them to block the phone and charge you ETF.