A sticky problem with a refund

MissVix

Hi everyone

I've tried finding the solution to this one both in the ever-useful MSE forums as well as on various websites and consumer rights guides with no success as yet. Apologies if I'm covering old ground though.

Long explanation begins....
I recently bought a mobile phone (sim-free) via an online website. I'm not new to MSE so I made sure I paid by credit card for a bit of extra protection. The phone was sold to me as being unlocked, new and unused. The phone was actually provided by one of the 'marketplace' sellers via that site, a Ltd company based in the UK.

The first handset arrived, in a sealed box and appeared to be new. However when I put my SIM card in it transpired that the phone was blocked. I checked this with CheckMend which confirmed it was listed as being 'lost or stolen'.

I emailed the supplier who apologised profusely, asked me to return it and they would send a new phone and cover my return postage. I did so. However I forgot to put the charging cable in the box. A new phone arrived a couple of days later, but the box had been opened and the charging cable removed. I contacted the supplier who assured me the box had only been opened to check the phone was in working order. The phone worked and appeared new again so I accepted it.

Less than a week later, that phone became blocked. Checks with CheckMend and the network that blocked it confirmed the phone was NOT new, I was not the first person to use it (it had been registered to someone else before I placed the original order) and that I could not unblock the phone.

I contacted the supplier again who again apologised profusely and asked me to return it. She claimed she had a new supplier and this had never happened before. Although I was of course pretty vexed at this point I begrudgingly agreed that they could send one last replacement phone. I returned the locked handset.

At this point, delays began as well as accusations that I had blocked the phone, was trying to steal the 'expensive' accessories etc. The supplier had received the second phone but couldn't send another immediately, then claimed that without every part of the phone (they wanted the original box and charger) they couldn't do anything. I retracted my request for another replacement and asked for a full refund. I was told this could only happen if I sent back the box and charger, which I did.

The last items were sent over a week ago. It has not arrived - either undelivered and waiting at the sorting office or genuinely lost in the post. However the supplier has ceased responding to my emails.

So....my questions are:
1. Should I pursue a Section 75 claim at this stage or do I need to find out where the box and charger have ended up?
2. In the case of a faulty item, do all components need to be returned? I worked in retail previously and we would accept faulty items within period even without all attachments, original box etc

Thanks in advance for any help you can give me

stevemLS

Yes, you need to return the complete phone with accessories.

OlliesDad

stevemLS wrote: »

Yes, you need to return the complete phone with accessories.

Just being a pedant, but the box or any other packaging would not be necessary if returning a faulty item.

OP, where did you buy this? Was it via Amazon? If so, you can raise a dispute through them.

unholyangel

Did you get proof of posting or send it recorded delivery back to them? Did you pay the postage yourself or did they organise collection?


If section 75 applies, you do not have to exhaust all possible avenues with the retailer before approaching the card company as they are jointly and severally liable.

MissVix

OlliesDad wrote: »

Just being a pedant, but the box or any other packaging would not be necessary if returning a faulty item.

OP, where did you buy this? Was it via Amazon? If so, you can raise a dispute through them.

Hi OlliesDad. Thanks very much for your advice.

It was play.com but I believe the same principle applies. I've tried contacting Play who asked me to give the seller 14 days to reach an agreement.

MissVix

unholyangel wrote: »

Did you get proof of posting or send it recorded delivery back to them? Did you pay the postage yourself or did they organise collection?


If section 75 applies, you do not have to exhaust all possible avenues with the retailer before approaching the card company as they are jointly and severally liable.

Hi unholyangel. Thanks for your comments, much appreciated.

I sent back on all occasions and paid the postage - incidentally despite promises this has not been refunded. The first two packages (which were phones themselves) were sent as next-day tracked (which offers the appropriate insurance cover). However the final package was sent recorded signed for so I can't know where it is in the mail system, only that it hasn't been signed for yet.

As I bought the phone via the marketplace of a major retailer I'm prepared for some wrangling with the S75 - do you know if I'm best to claim to the retailer first as opposed to the smaller supplier?

zaax

You can't send stolen property though the post.
Go to your local police station, may sure you get a crime number, and get the money back from your card.

MissVix

zaax wrote: »

You can't send stolen property though the post.
Go to your local police station, may sure you get a crime number, and get the money back from your card.

Hi zaax

I did approach the police as well as other bodies (fraud etc). However I've no proof that the item was stolen, only that it was listed as being lost. This could have been done after someone sold the phone onwards, and the network confirmed they did not had a flag that the item was stolen. All bodies have advised me to return to the original supplier.

unholyangel

MissVix wrote: »

Hi unholyangel. Thanks for your comments, much appreciated.

I sent back on all occasions and paid the postage - incidentally despite promises this has not been refunded. The first two packages (which were phones themselves) were sent as next-day tracked (which offers the appropriate insurance cover). However the final package was sent recorded signed for so I can't know where it is in the mail system, only that it hasn't been signed for yet.

As I bought the phone via the marketplace of a major retailer I'm prepared for some wrangling with the S75 - do you know if I'm best to claim to the retailer first as opposed to the smaller supplier?

I would write to them stating that losing all rights to a remedy is an over severe sanction, potentially a breach of the consumer protection regulations and instead they should (as per sale of goods act) reduce the contract price accordingly - in other words....give you a refund minus a proportionate amount to replace the charger. They should also refund you your postage costs.

You should then claim from royal mail.

However, it is worthwhile trying your card company to see if perhaps they'll give you a full refund with no quibbles.

Let us know how you get on/if you need further help. Good luck.

unholyangel

Meant to ask, what do you mean claim from the retailer instead of the small supplier?

Your supplier is the retailer - the retailers supplier is irrelevant to you (if that is what you were asking).

MissVix

unholyangel wrote: »

Meant to ask, what do you mean claim from the retailer instead of the small supplier?

Your supplier is the retailer - the retailers supplier is irrelevant to you (if that is what you were asking).

Thanks again. The supplier is saying the cost of the charger is over £100!

Sorry for the confusion, I wasn't sure whether to be speaking to my credit card company about a claim to play.com or the marketplace seller. The transaction was processed by play.com so I'd assume they're my 'retailer' in this instance?