Retailer refusing a refund on faulty product without original box

[MissVix]

Hi everyone

 

I've tried finding the solution to this one both in the ever-useful CAG forums as well as on various websites

and consumer rights guides with no success as yet.

Apologies if I'm covering old ground though.

 

Long explanation begins....

I recently bought a mobile phone (sim-free) via an online website.

I'm not new to online tomfoolery so I made sure I paid by credit card for a bit of extra protection.

The phone was sold to me as being unlocked, new and unused.

The phone was actually provided by one of the 'marketplace' sellers via that site, a Ltd company based in the UK.

 

The first handset arrived, in a sealed box and appeared to be new.

However when I put my SIM card in it transpired that the phone was blocked.

I checked this with CheckMend which confirmed it was listed as being 'lost or stolen'.

 

I emailed the supplier who apologised profusely, asked me to return it and they would send a new phone and cover my return postage.

I did so.

However I forgot to put the charging cable in the box.

 

A new phone arrived a couple of days later, but the box had been opened and the charging cable removed.

I contacted the supplier who assured me the box had only been opened to check the phone was in working order (no mention of accessories being removed).

 

The phone worked and appeared new again so I accepted it.

 

Less than a week later, that phone became blocked.

 

Checks with CheckMend and the network that blocked it confirmed the phone was NOT new,

I was not the first person to use it (it had been registered to someone else before I placed the original order)

and that I could not unblock the phone.

 

I contacted the supplier again who again apologised profusely and asked me to return it.

She claimed she had a new supplier and this had never happened before.

Although I was of course pretty vexed at this point I begrudgingly agreed that they could send one last replacement phone. I returned the locked handset.

 

At this point, delays began as well as accusations that I had blocked the phone myself, was trying to steal the 'expensive' accessories etc.

The supplier had received the second phone but couldn't send another immediately, then claimed that without every part of the phone

(they wanted the original box and charger) they couldn't do anything.

 

I retracted my request for another replacement and asked for a full refund as I was not able to wait for another replacement.

I was told this could only happen if I sent back the box and charger, which I did.

 

The last items were sent in a signed-for package two weeks ago. It has not arrived

- either undelivered and waiting at the sorting office or genuinely lost in the post.

 

So....my questions are:

1. Should I pursue a Section 75 claim at this stage or do I need to find out where the box and charger have ended up?

2. In the case of a faulty item, do all components need to be returned?

I worked in retail previously and we would accept faulty items within period even without all attachments, original box etc.

I don't understand how the lack of a box can affect my statutory rights.

 

Thanks in advance for any help you can give me

[Nao]

You gave the seller multiple chances to put right what had gone wrong and they failed to do so.

So yes, go for a Section 75 claim.

 

Also I would recommend reporting the company that sold it to Trading Standards, passing off used items as new is a very serious issue and needs to be dealt with at the highest level.

[dx100uk]

you certainly do NOT need the original packaging to return an item

 

do a section 75 and be done with them.

 

dx

[renegadeimp]

Sounds like they may be dealing in stolen goods too. Or they would genuinely be a victim of a rogue company.

 

Their end comments to you make me think the former though.

[rebel11]

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

[MissVix]

Thanks everyone for your comments and guidance, it's much appreciated.

 

I agree it could be something suspicious - I certainly think it's worth reporting to the fraud bods.

 

I did check the IMEI with the police and it wasn't recorded as being stolen with them, though that might not be the whole story. I hope it wasn't stolen as one shouldn't send stolen goods through the post! I suppose it's just as likely that someone sold an unwanted upgrade to one of the 'recycling' companies or on ebay and later decided to list it as lost with the phone network to claim another....so actually the supplier could have been scammed.

 

Thanks again!

[SabreSheep]

Report to Action Fraud and Trading Standards

 

Definatly go for the refund