legal rights recycling mobile phone - cash4phones.co.uk HELP needed

[Brownguy53]

I sent my brand new blackberry bold 9900 off to cash4phones.co.uk as I got a upgrade to a z10.

It was only a month old from amazon. Neverless cash4phones said it had 'excessive wear and tear' which I disagreed.

They therefore only offered me £50 and told me if i wanted the phone back to pay £8.95.

I paid this and today got the phone back but it has a smashed screen, damaged sim card tray and is not the state i sent it in.

Furthermore there is no battery or charger (which I sent with the item.)

I have emailed cash4phones however what consumer rights do i have?

I've only just done a google search and it seems 1000s if not millions of other customers have had the same thing.

[BankFodder]

This is a familiar story on this site and in fact we recently assisted someone who had a similar story. He issued legal proceedings and they backed down rather than go to court and paid him his money plus his costs.

 

I think that this is the thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?384007-Cash4phones-Problem&highlight=cash4phones

 

Read it carefully and generally you should follow the advice given there.

Surf the web and get lots of examples of similar complaints and sue the company without hanging around too long.

 

There are so many independent complaints about this that I think action needs to be taken.

[Speck1965]

Please, please, please do not let them get away with this. As above, I took legal action and they backed down. They need to be stopped.

They are screwing over many many people over. Threaten them with legal action, then if they will not back down, do it!

 

Google "Money Claim Online" and see how easy it is.

[Brownguy53]

Hi guys. The thing that has upset me is i needed this money for the phone badly, as i'll be completely honest..my mother has cancer. It's been a very hard time for me and she has a severe operation coming up. Therefore i didn't have time to research them.

 

I would have loved to keep this 9900 as I hold personal memories to it (my mother bought it me)..yet thanks to cash4phones they have not only ruined this chance for me..but not only did cash4phones not accept my phone..even thoough at an indepedent phone shop (apart from the smashed screen) i was told the phone was new.

 

I still have my reciept from amazon too. I think that this company overzealousy denies claims so it can (1) earn more money on your phone (2) earn the £8.95 postage fee (at the most i think it probably cost them £5).

 

I am not someone who takes being take advantage of lightly and i've sent them a email to reply in 7 days. If I don't hear from that I will file in the small claims court. speck1965 if you could give me any help i would sincerely appreciate it

Edited April 17, 2013 by citizenB

[Speck1965]

I am not going to give you legal advice, I am not qualified, but there will be advice a plenty on here. What I will give you is encouragement and support where I can.

Hope you Mum's operation is helpful.

 

Good luck on all fronts.

[Speck1965]

Might be helpful also if you post a copy of the email you sent on here as well, but remove personal and identifying content.

[Brownguy53]

Will do thanks

[Brownguy53]

Dear Cash 4 Phones,

 

I write to you after I recently sent you my Blackberry Bold 9900.

Firstly, you rejected my claim to recycle the phone on the basis that it has excessive wear and tear and is not ‘new’.

I bought the item a month ago from Amazon new and have evidence of this.

Furthermore your quote for £50.00 was extremely inaccurate and poor. RPC Recycling offer £99.00 for Blackberry Bold 9900s even in ‘bad non working condition’.

However I paid your £8.75 return charge. On getting my handset back it has a smashed screen, no battery, no back case/cover and does not have the additional battery or charged I provided with the item.

I have looked through your terms and conditions and nowhere does it state that you will damage customers phones and keep their batteries on return.

In resolution I would like my battery and charger sent to me at your own postage costs and the cost of the repair for the damage caused by your negligence on my phone to be covered.

I will give you 7 days to resolve this issue or I will be forced to take the matter to the Small Claims Court & Trading Standards.

[Speck1965]

Looks fine to me, but hopefully someone will come along and offer a more experienced opinion.

[Brownguy53]

thanks speck

[BankFodder]

Have you sent this letter yet?

 

If not, you can do much better

[Brownguy53]

Hi I did send this yes as it was before posting here. bankfodder any help/advise you can give would be appreciated

[BankFodder]

Luckily it is just the LBA. Frankly it was expressed in an overcomplicated way, didn't focus on the issues and contained non-relevant material.

Not to worry.

When it comes to the POC, I suggest that you let us see it first

[Speck1965]

Any update on this?

[Brownguy53]

Hi I've still heard nothing although i've only emailed them twice and rang in. Promised phonecall back has been 7 days nothing. Emailing again today.

I don't know whats best to do next? I've never written a small claims court case so does anyone have any good links to help you write or advice?

[BankFodder]

Try this.

 

 

 

The Defendant operates an on-line business and buys used mobile telephones. The claimant sent his pristine Blackberry phone for sale. The Defendant made an unacceptably low offer for the phone. The claimant asked for the phone's return but when it arrived, it was in a badly broken condition.

The claimant is aware of many similar complaints involving the defendants.

The claimant seeks £XXX being the value of the phone in pristine condition.

 

[Brownguy53]

Bankfodder thanks for the help. But I feel maybe im being slightly unfair..do you think i should post cash4phones a letter too? I've sent them emails to both addresses at sales and customer service. Been ignored completely. Telephoned i only 8 times (in last few weeks) and keep being told someone will phone back but never does. Am i being overzealous. Just i'll be honest i don't want to incur a charge of postage and the small claims court say to me that i could have just emailed them and am trying to gain extra money.

All i want is my battery for my phone and for them to repair the damage they've caused which wasn't there before. I'm not asking for anything else

 

Also @Bankfodder is that what I can state in my small claims court claim

[BankFodder]

Yes, of course you must send them an LBA.

I have already post a link to the other thread. That gives yo more detail of what to do.

 

Send them a 14 day LBA and then sue

[Brownguy53]

Hi,

 

I see and thanks bankfodder i'll have to do that then

[Brownguy53]

letter of action sent

[BankFodder]

keep us informed

[Brownguy53]

i will

[Brownguy53]

UPDATE: Got a recorded letter back after sending Cash4phones my intention to sue letter saying this..

 

Dear XXXXXXXXXXXXXX,

 

Thank you for your enquiry.

 

If you sent your pack using our freepost envelope, please bear in mind our terms and conditions below:

 

3.6 If the Seller uses the freepost envelope then he does so entirely at his own risk and, subject to Condition (7), the Company does not accept any liability for loss of, damage to or delay to the arrival of the goods. The Seller may, at his own cost, send the Goods to the Company by Royal Mail Special Delivery or other insured courier. The Company will endeavour to record receipt of all incoming post and any such record shall be final evidence of the date the Goods were received by the Company.

 

If you sent your pack using Special delivery, I would advise you to look into making a claim for any loss/damage with the courier.

 

If you do require any further information please contact us via this link http://cash4phones.co.uk/contact-us.aspx

 

Kind regards,

 

Customer Service

Cash 4 Phones

W: http://www.cash4phones.co.uk

 

"The opinions expressed in this email represent the opinions of the individual and not necessarily those of Cash 4 Phones. The contents of this email may be privileged information and/or confidential. If you are not the addressee (or responsible for delivery of the message to such person) please contact the sender and then delete from your system. Do not copy or deliver this email to anyone else, as this may be unlawful. Should you wish to communicate with anyone at Cash 4 Phones by email you consent to us monitoring and reading such correspondence. This email has been scanned by Virus Scan for viruses, but Cash 4 Phones cannot guarantee that every message is free of all viruses. Cash 4 Phones is a trading name for C4PTrading Ltd."

[BankFodder]

So?

 

Sue

[Speck1965]

They seem to be assuming it was damaged when you sent it to them, when it was infact damaged when you received it back.

Might be worth reminding them of this?

 

Failing that, as Bankfodder said, Sue. I am fairly confident they will cave in and settle long before the hearing.