Feel like I've been cheated by Music Magpie

KGoepel

WARNING DO NOT SELL YOUR MOBILE TO MUSIC MAGPIE

In the past I have used Mazuma to sell my old mobile phones after an upgrade and had no problems. This time I made the mistake of using Music Magpie because they were offering more money.

I send my phone then check my email after having a few days off work and find an email telling me they had automatically accepted a revised offer of £8 for my mobile phone which they had previously offered £70.

Apparently you only have 4 days to refuse their revised offers inclusive of weekends. I believe this is very unfair. Is this against consumer rights?

I immediately the same day of the autoacceptance emailed them to explain I had only just seen their revised offer and strongly disagreed with it because my phone was in immaculate condition and asked them to return my phone to me or offer a fair amount only to receive point blank refusal.

I feel cheated and do not know what to do or if indeed I can do anything.

pinkshoes

I would say check their T&Cs on their website, bit there are SO many of them!

takman

Why do you only check your emails at work?. I would personally say 4 days is plenty of time to refuse an offer, but I get notifications on my phone when I receive an email.

But I don't know why they would reduce the price so substantially. I've sent a phone to them with light damage and still got the highest price.

Mr.Generous

Imagine if the email had gone into your junk folder, very easy to miss. What a con.

cono1717

Unfortunately everything you describe is within their (extensively long) T&C's so they're covered on that front, although it does feel very underhand and sly.

unholyangel

I'd say if its in their T&C's then their T&C's are possibly in breach of unfair terms legislation.

From what I can see - no contract would exist - they cannot take your silence as acceptance (felthouse v bindley)

JayWin_2

unholyangel wrote: »

I'd say if its in their T&C's then their T&C's are possibly in breach of unfair terms legislation.

From what I can see - no contract would exist - they cannot take your silence as acceptance (felthouse v bindley)

What about car auto renewal?

cono1717

They have done this to me in the past and often above and beyond the cost to rectify any problem. They once quoted be a revised offer of £12 from £100 for a Xperia phone they said had "Screen Burn" took it to CEX and got £80 for it...

Again I had a certain amount of time to get back to them otherwise they'd assume I'd accept £12.

whitewing

I think you have been cheated by music magpie. (I am a customer who has been happy in the past with music magpie). I think a drop like that is far too much for a 4 day notice, especially at this time of year. 14 days would be more fair.

cono1717

I think the difference with car insurance is that you would have the right to reject within a certain period of time, after the fact your conduct would count as acceptance. Rust v Abbey Life Insurance Co [1979]

martinsurrey

unholyangel wrote: »

I'd say if its in their T&C's then their T&C's are possibly in breach of unfair terms legislation.

From what I can see - no contract would exist - they cannot take your silence as acceptance (felthouse v bindley)

You are incorrect in applying that case.

In that case one party didn't enter into any contract at all, an offer was made but no acceptance of ANY of the terms was made by the other party, but the offer-er assumed the silence as acceptance, which the court did not agree with.

In this case Magpie offered a contract, with a clause that if the conditions of the phone isn't as expected we will revise the offer and you have 4 days to reject.

The OP accepted that contract by sending the phone, which includes the acceptance of the term about the revision of price.

So the OP did enter a contract.

Not saying its not wrong in some other way, but the contract does exist.