Activating phone with an equipment pending order with previous owner.

I purchased a phone off of ebay from another user who had just bought a env2 but needed to switch carriers. It was never activated when it was sent to me.

I tried activating it online and over the phone --
but it says the account the phone belongs to still has a pending equipment order. I guess since he never activated the phone. Am I doomed, or can something be done? ;/