Advice Needed Regarding Customer Rights

[KennyFuckinPowers]

Looking for any advice from anyone in the know regarding my rights with an item I took back to a store today.

 

I will try and add as much detail as possible without boring you.

 

Basically, I took my mobile phone, with some accessories, down to a shop called CEX, anyone familiar with them? I traded it in for store credit and got another phone, I went from Windows to Android to cut a long story short there, this was only last Saturday, yesterday though, when I woke up, it was saying Sim Error and wasn't reading my Sim, I tried my partner's sim in as she's with a different network, had the same problem though.

 

So I took it back to them today, and left the phone there, as they told me to come back in 15 minutes, they had to do tests etc... which it does say in the small print, so no complaints there, but when I came back, they are claiming it's not working because it's been broken and point blank refused a replacement, which is what I was after, not a refund. Manager is saying they need to send it to tech guys to prove that I haven't broken it before they will entertain a replacement/refund.

 

I can categorically assure anyone that I never damaged it, I used it daily for a week and yes, it was fine, but it's not now, to me it has developed a fault. And even if it's been damaged, they cannot prove that I done it, intentionally or unintentionally.

 

The phone was second hand, and on their receipt it states that if the phone develops a fault within 30 days, I can have it repaired or replaced. He still wouldn't budge though and eventually called for Security  But I continued to argue, and this is where I need advice, on my point that as a consumer, do I not have a 30 day change of mind policy, or as it states on their own receipt and indeed Consumer Rights, that, and I quote

 

" The Consumer Rights Act 2015 makes it an implied term of the contract I have with CEX that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract and and I've owned the product for less than 30 days I am within my statutory rights to ask for it to be replaced at no further cost to me. "

 

The bottom line is, the phone is now faulty, they are basically saying I have caused the fault deliberately and refusing me an exchange, I only got it 8 days ago, do I not have a right to a return or exchange whether it's developed a fault or not?

 

 

Would genuinely appreciate any help, as the manager was a total prick, and he got worse when the Security arrived, his conduct and professionalism were atrocious. 

 

[RicoS321]

Have you tried a jobby in the post?

[tom_widdows]

My experience of working in retail (A now defunct company which used to be in the Bon Accord Centre) opened my eyes to the wonders of 'consumer rights'.

I would say more than 50% of people who came in with 'issues' with their purchases always demanded a refund based on 'I'm allowed to return anything in the UK within 28 days for a full refund no matter what'. Unfortunately that was only the case if it was faulty AND if the stores returns policy strictly stated this.

I only have one angry encounter with someone claiming a product was faulty even though it was obvious it had never been taken out of the box (completely sealed and this particular product was machine packed so it was impossible for a person to get it back into the packaging). Eventually I was forced to take the thing out of the box and in front of a small crowd who had gathered demonstrate the fully functional product. Angry person finally backed down but left with a threat to have me sacked.

My boss's worst experience was having someone spit in his face. Not spittle from speech but a full Suarez.

 

Anyway the problem I think you may have here is what is written on the receipt is not always the full terms and conditions of that particular store. Those have to be displayed somewhere that customers can see but this is often an an A4 sheet of paper right next to the front door and/or in a frame on the counter which is IMO deliberately subtle/ non-eye catching so no one actually sees or reads it until there is a problem. Much like a casino the policy is always to the advantage of the proprieter.

Soon as you set foot in the shop and complete a purchase you have agreed to abide by the stores terms and conditions (Like ticking the box when you download an itunes update).

From memory the shop I worked in had nothing on the receipt and we were told (from head office) this wasn't a legal requirement. Stores will put things like 'the consumer rights act' on their receipts as it appears to give them some credibility' when in fact they know they have you.

 

To claim a breach of contract under the consumer rights act you need to show the breach has occurred under the full terms and conditions of the stores policy which I suspect will mean you have to go back down there and read the full terms and conditions displayed in store.

I also suspect you will find it says the in-store staff are not deemed qualified to diagnose electrical faults with products such as phones, tablets etc and therefore any returned 'faulty' products must be sent away to their 'techs' to clarify if the problem is not the result of you dropping it/ spilling something on it/ sabotaging it. Only on the word of their 'techs' with a refund or replacement be provided. I believe they have a time limit to do this but it wont be that quick (2-4 weeks perhaps) by which time a lot of customers will have given up (especially with a mobile phone) which said company is banking on.

 

The whole 'i changed my mind' is true in some senses but not everyone is Marks & Spencer and returning something for that reason will at best get you store credit or exchange for a product of equal value.

 

What was the circumstances regarding the security being called as this will also affect your claim as if it is determined you were aggressive/ abusive to the staff then your chances of a refund/ replacement get slimmer?

Do you have witnesses that can back up your conduct and that of the manager?

 

Also do you still have the faulty phone or has the store kept it?

 

I know captain hindsight is an irritating cunt but my personal rule is never to buy anything electrical from stores such as cash-convertors, CEX etc as they are glorified Pawn shops and the odds are always stacked against you.

Also avoid companies with 'webuyany' in the title unless you simply want rid of something and don't care how much money you get, or the tip/ recycling centre is too far away

[donsdaft]

It does my fuckin head in when some dozy bitch changes her mind.

 

On occasion after she has picked them up, loves them, can see perfectly but then meets a "chummie" who sticks the boot in.

 

The worst example was a mother and daughter "My daughter diznae like them"

 

The daughter then proceded to buy the same frame for herself THE SAME FUCKIN DAY.

 

Lenses in the bucket of course (at my expense)

 

Usually I swear a lot, throw things around, kick something, then come back through to the shop and refund the customer.

 

Most people of course are lovely but some would see you go out of business just to gain a fiver.

[Ten Caat]

Have you tried a jobby in the post?

 

As long as it isnt your own jobby...

 

Theres enough DNA in one to have you sent down by the beak on a number of interesting charges

[KennyFuckinPowers]

Rico, now that is an idea worth considering.

 

Tom, regarding Security, I was getting annoyed yes, but in no way threatened or made him feel intimidated, I think it was one of his colleagues that radioed for them, but they were there most of the time and can verify that I did not threaten or intimidate him.

 

I took this from the Citizens Advice Consumer Rights -

 

30-day right to reject

 

Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. This right is limited to 30 days from the date you buy your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period.

 

This right to a refund doesn't apply to products you've bought as downloads, though - such as music, games or apps.  You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or is unsuccessful, you have the right to receive a price reduction.

 

To me, the phone is now unfit for purpose, therefore, surely I have the right to reject it, although the annoying thing is, I do not want a refund, I simply want to replace it for a working one! I have bought accessories for the phone, why would I want to damage it?

 

And they still have it Tom, on a side note, I left the store yesterday at 1.30pm, my other half has just informed me that I was last online WhatsApp at 4.24pm, clearly they have been going through my phone, isn't that a breach of privacy? Why do they need to go on my WhatsApp?

[tom_widdows]

Rico, now that is an idea worth considering.

 

Tom, regarding Security, I was getting annoyed yes, but in no way threatened or made him feel intimidated, I think it was one of his colleagues that radioed for them, but they were there most of the time and can verify that I did not threaten or intimidate him.

 

I took this from the Citizens Advice Consumer Rights -

 

30-day right to reject

 

Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. This right is limited to 30 days from the date you buy your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period.

 

This right to a refund doesn't apply to products you've bought as downloads, though - such as music, games or apps.  You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or is unsuccessful, you have the right to receive a price reduction.

 

To me, the phone is now unfit for purpose, therefore, surely I have the right to reject it, although the annoying thing is, I do not want a refund, I simply want to replace it for a working one! I have bought accessories for the phone, why would I want to damage it?

 

And they still have it Tom, on a side note, I left the store yesterday at 1.30pm, my other half has just informed me that I was last online WhatsApp at 4.24pm, clearly they have been going through my phone, isn't that a breach of privacy? Why do they need to go on my WhatsApp?

 

My experience of citizens advice is their written advice is often watered down and fairly general. You actually need to speak to one of their advisers if you want proper advice.

 

However this is the CEXs returns policy

 

https://uk.webuy.com/storeterms/

 

See section 9.5c

 

The whatsapp thing I'm not sure about because I dont use it or know how it works. It could be they got the phone working and whatsapp automatically logged on etc. However in this wonderful connected world you cant be too sure and I would take your other half with you to the shop and ask whats going on.

 

Not really the same but I'm reminded of when my boss put his car in to a Glasgow garage for a repair and after got a call later in the day saying the repair was more serious and they would need to keep it in for several days. Whilst pissed off he figured better safe that sorry however the car was connected to a tracker on his phone and 4 days later he logged in and discovered the car was was in Dundee and prior to that had been to Inverness. When confronted the garage owners denied the car had ever left glasgow until be brought out the phone and then asked why his car which had apparently been undrive-able had an extra 600odd miles on the clock.

I believe the price of the repair was suddenly very reasonable and came with complimentary gifts.

 

[KennyFuckinPowers]

My experience of citizens advice is their written advice is often watered down and fairly general. You actually need to speak to one of their advisers if you want proper advice.

 

However this is the CEXs returns policy

 

https://uk.webuy.com/storeterms/

 

See section 9.5c

 

The whatsapp thing I'm not sure about because I dont use it or know how it works. It could be they got the phone working and whatsapp automatically logged on etc. However in this wonderful connected world you cant be too sure and I would take your other half with you to the shop and ask whats going on.

 

Not really the same but I'm reminded of when my boss put his car in to a Glasgow garage for a repair and after got a call later in the day saying the repair was more serious and they would need to keep it in for several days. Whilst pissed off he figured better safe that sorry however the car was connected to a tracker on his phone and 4 days later he logged in and discovered the car was was in Dundee and prior to that had been to Inverness. When confronted the garage owners denied the car had ever left glasgow until be brought out the phone and then asked why his car which had apparently been undrive-able had an extra 600odd miles on the clock.

I believe the price of the repair was suddenly very reasonable and came with complimentary gifts.

 

Much obliged Tom, having read that, I still believe that my point remains, they asked me to leave the phone with them, for 15 minutes, gave me a receipt with a number on it, when I returned after the 15 minutes, they then made the claim the phone has been broken, I don't know what they done in the time I left it with them, they said they tested other sims themselves, and of course, it's still unfit for purpose. So I assumed that would fall into the 30-day right to reject category. Such a patchy issue, I understand that. But I bought it 8 days ago, it's now faulty and they need to repair or replace, and as it's within 30 days, as the consumer, I have the choice.

 

 

 

 

[Garlogie_Granite]

 

I would say more than 50% of people who came in with 'issues' with their purchases always demanded a refund based on 'I'm allowed to return anything in the UK within 28 days for a full refund no matter what'. Unfortunately that was only the case if it was faulty AND if the stores returns policy strictly stated this.

I had a brief spell of retail myself a few years back, and can confirm this. Women are the worst, they seem to think what John Lewis and M&S do is the law, not just company policy. Even had one beaut tell me "I work for John Lewis, I know the law"!. No dearie, you know your own company policy. 

[KennyFuckinPowers]

https://www.citizensadvice.org.uk/scotland/consumer/somethings-gone-wrong-with-a-purchase/claim-using-a-warranty-or-guarantee/

 

According to this link, taken from the Citizens Advice website, and under Scotland, the retailer has their own warranty and guarantee, but as a consumer, you have legal rights which can be used instead, as long as it's within a certain time frame? 

 

Perhaps I am completely misunderstanding the whole concept, I've contacted them ( Citizens Advice ) and am waiting for them to call back. I can't fathom why a product I have bought, has developed a fault, in literally a week of use, and they outright reject me a replacement as they feel I damaged it myself, there is absolutely zero evidence of this, and like I said, the phone was left with them for 15 minutes, so who knows what happened in that time also?

[KennyFuckinPowers]

Citizens Advice have opened a case for me, they believe, given the details I provided, which is almost word for word to what I wrote, that regardless of their own guarantee/warranty, they should still be legally accepting my position as I am within 30 days, I have a right to reject the goods now that they are faulty. They advised to me send a letter to the store manager, using recorded delivery, explaining my statutory rights which he is breaching.

 

More time consuming than i'd hoped for, but at least they believe I have a case.

[tamzarian]

Sounds like you're getting somewhere.  Remember not to confuse the advice given in this thread, and send them a jobby by recorded delivery.  That won't end well. 

[KennyFuckinPowers]

To be honest, I'd still like to send said shit though.....

[Tyrant]

It sounds to me as though the phone is barred. As if someone has sold it to Cex and then reported it stolen or lost in order to obtain another through some sort of insurance policy. It's for this reason that you wouldn't catch me buying a second hand phone unless I knew and trusted the seller.

 

Even if it's not barred it's a fault that'd be extremely difficult to cause yourself and as this has happened within their own 30 day "warranty" period they're absolutely obliged to replace or refund you. But you already knew that. Keep fighting.

[KennyFuckinPowers]

Appreciate all the responses.

 

Received an email yesterday from their customer service team, inexplicably they don't have a contact number, can only contact them by email.

 

Anyway, they've informed that my phone has been sent away for a repair, which will cost £30 and I have to pay it 

 

I immediately replied, informing them that I do not consent to this, I never did in the first place, and told them to inform the store manager of my position.  I have quoted several times, the Consumer Rights Act 2015, it is falling on deaf ears.

 

By far the most farcical company I have ever dealt with. Total joke.

[KennyFuckinPowers]

I feel like giving up, but that's what they want. Spoke to Citizens Advice Consumer helpline again this morning, they said to send another recorded delivery letter, this time though, stating I wish to exercise my right to a full refund now, as it's becoming an inconvenience.

 

Just a farce, taking it further for definite.