Buymobiles.net refusing to cancel contract, claiming phone is scratched

Hi, I returned a phone to Buymobiles.net (online reseller) but they're saying I haven't returned it in pristine condition and I have to pay £198.75 to cancel my contract. Called them up and they said there are scratches on the front and back and they're going to email me pictures soon. This is completely untrue, the phone is in completely pristine condition, I used it with a case from the moment I unboxed it!

I didn't take any pictures unfortunately as I didn't anticipate any issues, I've returned things before and it's always been straightforward.

I had a brief look at some of the articles here, am I right in saying I should just keep contacting them until they waive the charge completely and cancel my contract, and if they don't I should use the Resolver service? I would really appreciate any advice, thanks :)

Comments

  • soolin
    soolin Posts: 73,756 Ambassador
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    hammy434 wrote: »
    Hi, I returned a phone to Buymobiles.net (online reseller) but they're saying I haven't returned it in pristine condition and I have to pay £198.75 to cancel my contract. Called them up and they said there are scratches on the front and back and they're going to email me pictures soon. This is completely untrue, the phone is in completely pristine condition, I used it with a case from the moment I unboxed it!

    I didn't take any pictures unfortunately as I didn't anticipate any issues, I've returned things before and it's always been straightforward.

    I had a brief look at some of the articles here, am I right in saying I should just keep contacting them until they waive the charge completely and cancel my contract, and if they don't I should use the Resolver service? I would really appreciate any advice, thanks :)

    Why were you returning a used item and how quickly after taking the contract did you request a return, was this a change of mind return or due to a faulty item?
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • bris
    bris Posts: 10,548 Forumite
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    Problem you have is they are entitled to charge you if the use of the product goes beyond what would be reasonable. As they claim it's all scratched then they can't resell it so can deduct 100% of the refund, or in this case refuse to end the contract.


    You could try resolver but it's toothless and with them having the phone with photos now and you not it's unlikely you would win anyway.


    You need to be careful here as it's a contract so anything negative, like not paying can hurt your credit file.
  • This was a change of mind return. The thing is though like I said the phone wasn't scratched at all when I sent it, it was in completely pristine condition as they say it has to be in. I really wasn't wanting to hear that, I thought since I returned it in pristine condition they would have to prove I didn't?
  • Sorry forgot to mention I returned it within 14 days (received phone 7th it was delivered to them on 19th).
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
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    Pristine you have photo of its condition before shipping ??
  • pmduk
    pmduk Posts: 10,670 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    hammy434 wrote: »
    I used it with a case from the moment I unboxed it!

    Sadly, some cases and 'phone slip covers' are notoriously bad for causing scuffs and scratches. Unfortunately, this is not a surefire statement in your favour. Ask for photos of them unpacking your phone in a damaged state.
  • You have used the phone, did you expect to receive a full refund?
  • Unfortunately, I didn't take any pictures, didn't think it would be a problem as I've returned other items before and there's never been any issues.

    I did check the phone thoroughly before I sent it and there were no scratches, am still waiting on them sending pictures, I guess I'll just wait for that and proceed from there.

    I've returned items after using them before and never had any issues, and I know plenty of others who've done the same. Their return policy also allows returning used items, so yeah I didn't anticipate any problems.

    Thanks everyone :)
  • hammy434 wrote: »
    I've returned items after using them before and never had any issues, and I know plenty of others who've done the same.

    That will be why the rest of us have to pay so much, to cover the losses incurred selling it as refurbished. :mad:
  • Not the first time op has returned electronic trinkets. And if you don’t give the answer op likes, they go into cba mood!
    hammy434 wrote: »
    Hi everyone, recently ordered some computer parts from morecomputers.com which arrived last Friday 19th May. I'd like to return 2 of them for a refund now. I've opened and used both items. The items are a motherboard and power supply, so nothing like software or perishable items, or stuff that can be used up. They are in full working order, I simply don't want them anymore. I haven't been refused a refund yet but think this may happen due to the wording on their website and e-mails they've sent me, which state that "the distance selling regulations DO NOT allow a trial period of use". I don't think this is true but I thought I'd ask on here just in case. Here's a link to their returns policy: morecomputers.com/returns.aspx

    Thanks everyone! :)
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