Getting a cash refund from CeX

4743hudsonj

I cant see if this has been answered, but have you got proof of purchase? If not then yur stuck, if you have, then push for an increase on the refund.

councilgarret

I do have my receipt, i even attached a scan of it with my first email - this is the next one i'm sending them:

Hi Richard,

Thanks for your email. I was under the impression that under my statutory consumer rights I was entitled to a refund in the method that I paid for the item if it developed a fault during the period that i could reasonably expect it to last. This was further reinforced in my mind with your 12 month warranty. I've also been perfectly willing to accept a replacement (waiting four weeks for your Leeds store to discover they had lost their camera) and have given you adequate time to do that. I've also accepted that the payment will be £58 rather than £85, as I have been in ownership of the camera since last November. All my research suggests that I've fulfilled my obligations as a consumer, and am entitled to a cash refund as this was my method of payment. I would appreciate it if you could point out how this section of consumer law doesn't apply in my case.

I consider the product to be within the time I'd reasonably expect it to last as it's within warranty and I've not used the camera an excessive amount, recording perhaps 15 hours of footage in total and capturing about 7 hours, meaning that the faulty mechanism has been in use for a total of 22-25 hours over a period of eight and a half months.

Like I said above, if I'm really not entitled to a refund in the method of payment then I would appreciate it if you could let me know exactly why. The vouchers aren't going to help me replace my camera, as this experience has made me very unlikely to buy such items from yourselves in the future. However, I would like to resolve this before the resale value of the camera drops even further.

Regards

should get an interesting response anyhow ;-)

pcombo

Cex vouchers are a nightmare.

You need to buy the goods with your actualy money i.e debt/credit card. Then send the voucher back to them when you done, then they credit the funds back to your bank.

But you could use the vouchers to get a new camera, if you need to put extra money to it so be it. Learn not to buy from second hand shops.

BigLee_24

Keep us posted with any replies....

Vomityspice

Instead of accepting the vouchers why not just simply make a small claim at your local court?

There seems no doubt that the product was faulty and CEX are unable to provide a replacement. I would be arguing that vouchers limit my options (i.e to buy elsewhere) and so are rejecting them as a suitable method of refund. You paid in cash and therefore want cash as the replacement.

CEX will probably do nothing before they receive the claim then quickly fold as they will know they are going to lose (or it will cost them more to fight it than give up now).

So, fire off your letter better action (LBA) giving them 14 days to resolve the matter by refunding in a cash form otherwise you will initiate a claim for damages. If they fail to respond, then file your claim.

CEX are trying it on, knowing full well the majority of customers will give in.

NB: Claim for the FULL amount. The item is faulty so you should receive ALL your money back.

mjgreen60

Just had a look at their T&C's (http://uk.webuy.com/about/terms_and_conditions.php) and there is no mention on there of not refunding in cash, equally there is no mention of reducing the amount that they will pay taking age into consideration.

I agree with the above post, if they continue to drag their heels, then go down the small claims court route. Sounds like they are just trying to bully you into accepting this below acceptable offer.

councilgarret

well, just got back from devon, and home to another vague email from them :

Thank you for your email.

A cash refund is not available at this time, due to company policy. A cash refund is only available if the item is faulty and returned within the first 28 days of purchase.

As this item is 10 months old, in line with our terms and conditions, we aim to:

-Repair
-Replace
-Refund to current sale value

Please see our terms and conditions (attached).

If there is anything else I can help you with - please email.

Regards,

So, my next response!

Hi Richard,

This still doesn't answer the question: How does your company policy override my statutory consumer rights? if you're refusing to give me a refund in the method of payment, how is CeX exempt from this section of consumer law? all the advice i've received has now been (as I'm having such little luck with going through yourselves) to go directly through the small claims court, for the full amount of £85. I don't want to do that, but given that you won't answer the question 'how are you exempt' it suggests to me that you aren't, and that you're relying on being difficult to stop me from demanding my statutory rights.

I've been as reasonable as possible, but my patience is wearing very thin. You've managed to put me off using your services again, together with a lot of my friends - all I asked for was the reason why, which you've witheld. Can you understand why I find all this a bit dodgy?

So, I'm in the process of seeking legal advice to recover the full amount of £85 through the small claims court. However, I'm still willing to discuss this if you get in contact with me.

Regards,


it is officially getting stupid now though.

mjgreen60

Good on you mate. Just make sure you do it in the correct manner. I'm not an expert, but there is plenty of help around on the forum.

Best of luck

Vomityspice

Hi Richard,

This still doesn't answer the question: How does your company policy override my statutory consumer rights? if you're refusing to give me a refund in the method of payment, how is CeX exempt from this section of consumer law? all the advice i've received has now been (as I'm having such little luck with going through yourselves) to go directly through the small claims court, for the full amount of £85. I don't want to do that, but given that you won't answer the question 'how are you exempt' it suggests to me that you aren't, and that you're relying on being difficult to stop me from demanding my statutory rights.

I've been as reasonable as possible, but my patience is wearing very thin. You've managed to put me off using your services again, together with a lot of my friends - all I asked for was the reason why, which you've witheld. Can you understand why I find all this a bit dodgy?

So, I'm in the process of seeking legal advice to recover the full amount of £85 through the small claims court. However, I'm still willing to discuss this if you get in contact with me.

Regards,

This is completely pointless! 'Richard' is just a drone and will simply follow orders. There is no point trying to get a drone to understand the difference between company policy and statute. It is way above his level of understanding and comprehension. He has as much understanding of consumer legislation as my dog (and no, she hasn't bother to read any law books! she did chew one of my law books as a puppy but thats as close as she got to any legal training!).

Simply, write your LBA and give 14 days notice. If they don't refund, issue the claim for damages. You will then quickly bypass the hapless drone to someone who will know better. A quick calculation will mean that it is far more cost effective to refund £85 than defend the claim and the associated aggravation (i.e. paying their solicitor for advice, paying said solicitor to attend court for a day etc). Faced with a lose/lose situation, the most likely outcome is a cheque by return post.

pcombo

Your all drama queens.