Cash Converters Issue***Full Refund***

[thecookiemonster]

I bought a phone from Cash Converters online, and they offer a 14 day return policy.

It was brand new and sealed and I sent it back within 6 days, I took photos of the phone before sending it back.

However, because I have opened it they have refused to refund me, they have stated that they can either and I quote "Re-Purchase the item off you (the amount you purchased the phone for with the amount we beleive you have de-value it deducted.)"

"Re-Dispatch the item to yourself."

I'm thinking of taking it to Trading Standards and the Small Claims Court.

I believe that this is wrong and I am entitled to a full refund

Thoughts please.

Thank you.

[fkofilee]

What was the reason for return.

[thecookiemonster]

Changed my mind but they have a no quibble 14 day return policy and even their own T&c's state:

 

"You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The item must be returned to us in full working order as new or in the same condition as it was when purchased within 14 working days after the day the item was delivered to you. However we cannot accept cancellations of contracts for the purchase of audio, video, or DVD recordings, video games and software products where the item has been unsealed (this does not apply to goods which are faulty or not as described and which you may be entitled to reject under your statutory rights)."

 

It wasn't used, just put in a case, turned on, used briefly and put back in the box, the accessories weren't even used.

[fkofilee]

Whats the loss on it? 

IE - You bought it for X, you can return and get a refund of X?

[thecookiemonster]

There shouldn't be a loss, it was bought for £610 plus postage, I lose the postage but should be refunded the full amount as it was only unsealed, I'm allowed to unseal the box to inspect the goods under their own T&C's and under the Consumer Rights Act 2015.

[fkofilee]

I know - I was asking that was all

[thecookiemonster]

I wouldn't accept any loss given the circumstances.

Edited August 26, 2019 by thecookiemonster

[thecookiemonster]

I do have some legal knowledge as i studied Law a good 15 years ago, I just wanted to check that I am right in what I am saying and that I should be refunded in full?

[fkofilee]

As part of CRA 2015 - You should be entitled to a full refund

CC operates a 2nd hand store... They test all items so they should have opened the item to test it was working to sell it.

[thecookiemonster]

I've just got another email from the Manager stating:-

 

"We will re-disptach the item first thing in the morning in this scenario and I will let you deal with Trading Standards.

 

In regards to you "Proving the item was sent back in new condition" in the fact the ite is now un-sealed and now the handset and accessories show signs of use"

 

Well firstly, the acessories weren't used and the phone wasn't used and I took several photos of it before sending it back, it was in new condition.

 

And I don't want the phone sent back to me, I have already made that clear.

 

I am fuming by this. any advice please? Thanks.

[BazzaS]

Refuse any delivery : that is their problem.

LBA, then county court claim, if they push it that far.

[thecookiemonster]

It was actually the Assistant Store Manager that has been emailing me today.

 

I've put a complaint into their customer services/head office email address and will see what happens, but will be doing a letter before action also.

 

Not sure why they are acting like this, if it goes to Court I think I'd win without too much of an issue, hopefully they will just fully refund this week.

[king12345]

An unsealed phone surely is less valuable than a factory sealed one.

That's what they're saying I suppose, and to make it better they also added that the handset and accessories show signs of use.

Only you and them know what happened to the phone, so it's your decision to insist on the refund or lose some money.

Frankly I always thought that the law should specify a longer and better list of products that can't be returned opened and phones should be in that list.

In all honesty if I bought a new phone and I received an open box with fingerprints on the screen I would be sending the lot back, wouldn't you?

Don't forget you also have the option of chargeback/section 75.

[thecookiemonster]

The matter still remains unresolved, I am sending a letter before action tomorrow giving them a further 7 days to refund before a County Claim is filed against them.

 

I will also need to report them to Trading Standards and the Financial Ombudsman.

[king12345]

Have you read any of the posts above?

[thecookiemonster]

1 hour ago, king12345 said:

Have you read any of the posts above?

 

Yes, and two people have stated I am eligible for a refund.

 

I've no doubts that under the Consumer Rights Act 2015 and under the Consumer Contracts Regulations, I am entitled to a full refund.

 

They are a secondhand store, they should have opened the item when bought from the original customer to test and check the item.

 

They were notified within 6 days of me receiving the item that it was going back, it was in my possession for a week.

 

Apparently, the Area Manager is looking into it now, however, the Letter Before Action is being sent tomorrow still, and if they fail to refund fully it will be going to Court.

[king12345]

Have you looked at the possibility of a section 75 or chargeback claim?

It might be easier and faster than a county court claim.

As a word of caution though, if you have used the phone, even for a few hours, it MIGHT show signs of use and they would be entitled to deduct some money from the refund.

You took pictures of the phone before sending it back,  but can you prove these pictures were not taken when you first received the phone?

I ask because these questions will be asked in any claim you submit, so be prepared to answer with good evidence. 

[thecookiemonster]

Yes I'm already aware of the Charge back procedure, but that's generally for faulty goods etc and if Cash Converters want to stand by what they have said then out of principal I want to take them to Court as I believe I have a good case and it would be interesting to see what happens. 

 

If I wasn't confident then I wouldn't file but given the circumstances I think I can win. 

 

My photos have timestamps on and I would provide them to the Court as evidence. 

 

But I think I can win under the Consumer Rights Act 2015 and the Consumer Contracts Regulations regardless of that. 

 

It just depends whether Cash Converters want it to end up in Court or not, if they don't then they will settle it before I file the claim, as they will receive the Letter Before Action this week. 

[thecookiemonster]

The other concerning issue is that they received it Friday morning, I wasn't infomed of the supposedly signs of use on the phone (which i deny) until Monday 26th August 2019.

[king12345]

Most likely they will avoid court and pay given the amount as you said.

Friday to Monday was a very hot bank holiday weekend,  so it is surprising they responded so quickly.

[thecookiemonster]

I won, full refund

[Andyorch]

Good news thread title updated.

 

Regards

 

Andy

[king12345]

Nice one