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Item not as described, Not happy with response should i take it to Court?


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I bought a mobile phone from CEX (Complete Entertainment Xchange) 2 and a half weeks ago, It was a Vodafone A Grade which is described as being in as new/mint condition.

 

I had a quick look at the phone instore but it was covered in fingerprints, I bought it but when i got home on wiped the fingerprints off i noticed loads of marks on the screen that look like they are under the screen, It was nowhere near in mint condition.

 

I emailed them the next day and sent several other emails, Most of them were not answered and the ones that were wasn't satisfactory.

 

I decided to send them a letter via recorded delivery and i have only just received a response today via email saying:-

 

"I would like to thank you for your recent letter, and I would like to apologise for the delay in response.

 

We contacted the store in regards to the course of action we will take, and they have stated that if you can return to the store with the item and receipt, they will test the item. Should they be able to confirm what you have stated, they will be able to offer a refund.

 

I apologise again for this issue, and the delay in response,

 

Kindest regards".

 

I'm not happy with that response, Where should i go from here.

 

Thanks.

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Why did you not just take it back the next day and demand a refund?

 

Because i've been told what they are like in there and didn't want loads of hassle and to be fobbed off so i wanted assurances from Head Office first before taking it back into the shop which i think is fair enough, I emailed them within 24 hours of purchasing it.

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What exactly arent you happy with in their response? They are offering a refund (after checking the item) - I dont see what else you could want?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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What exactly arent you happy with in their response? They are offering a refund (after checking the item) - I dont see what else you could want?

 

But why would they need to "TEST" the item, It isn't as described condition wise, It's nothing to do with the working of the phone, I know about this company, I'll take it back to the shop and they will either refuse a refund or try and make me do an exchange or offer a credit note, I've seen their policies.

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You cant just reject what they state based upon previous preconceptions.

 

Test was probably the wrong word, but clearly they are entitled to ascertain that the item is in the condition you have described.

 

You need to take this into store, see what happens, and if you do not get the resolution you are after, THEN worry about the next stage.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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It is perfectly reasonable for the store to examine the item in order to ascertain its condition.

 

As MrShed said, take it back and allow them to take a look. Take it from there.

Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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Ok, so you are unhappy because it has finger prints on the inside. Take it back, show them and ask for your refund.

 

It's much worse than fingerprints, It's like bubble marks underneath the screen.

 

Their policies state:-

 

If you bring back an item within 48 hours you can exchange the item.

 

I know they don't give refunds.

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They cannot say 'we don't do refunds'. Goods which do not match the description will be contrary to S.13 of the Sale of Goods Act 1979. They cannot restrict or exclude this requirement as it would contravene S.6 of the Unfair Contract Terms Act 1977. Check these statutes out on the OPSI website. I also believe (though check with citizens advice) that S.48A of SOGA also applies to used goods. This places the burden of proof on the seller for the first 6 months from purchase and they must show it was fine when they sold it to you and you need do nothing. They have to prove it but please check that this applies to used goods before wading into battle. They must repair, replace or refund the item and according to the consumer direct website, if you notify them quickly (which it sounds like you have) you can insist on a refund or replacement. Hope this helps.

LL.B (Hons) - University of Derby

 

'real world' legal and retail experience too

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