Bought pre owned iphone 5s and don't have icloud account info or passcode. What do i do?

Well I bought an iphone 5s off ebay and the seller had done the factory reset through settings and we both thought that was all that needed to be done but when the phone arrived, I went through the initial setup and find out that the icloud account is still on there along with the 4 digit passcode.
However, the seller only had it for 2 days and doesn't remember setting up either.
Can I take this into apple and have them restore the phone or what?

The phones previous owner can deactivate these remotely using itunes. If they say they can't then the phone IS STOLEN, and Apple will not help you. It's either up to the seller of the phone to fix this, or you put in a claim against them via eBay!

Did it ever occur to you that the phone is stolen?

Just don't use icloud.
i manage without it perfectly well.

Apple can't do anything, the original owner as to wipe it. Contact the seller as they can also remotely wipe it with find my iphone. If its stolen, they you are out the $ because you should have verified that before buying.

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