Cash Converters Problem

I bought a phone from Cash Converters online, and they offer a 14 day return policy.


It was brand new and sealed and I sent it back within 6 days, I took photos of the phone before sending it back.


However, because I have opened it they have refused to refund me, they have stated that they can either and I quote "Re-Purchase the item off you (the amount you purchased the phone for with the amount we beleive you have de-value it deducted.)"


"Re-Dispatch the item to yourself."


I'm thinking of taking it to Trading Standards and the Small Claims Court.


I believe that this is wrong and I am entitled to a full refund.


Thoughts please.


Thank you.
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Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How much did you pay and how did you pay
  • £600 and via Visa Debit card on the Cash Converters Website.
  • Contact them again and point out that unsealing the box before returning the phone for a refund is perfectly acceptable both uder the Consumer contracts regulations and their own T&C's, both of which allow you open the packages to check the goods:

    https://www.cashconverters.co.uk/shop/payment/terms-and-conditions
    You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

    The item must be returned to us in full working order as new or in the same condition as it was when purchased within 14 working days after the day the item was delivered to you. However we cannot accept cancellations of contracts for the purchase of audio, video, or DVD recordings, video games and software products where the item has been unsealed (this does not apply to goods which are faulty or not as described and which you may be entitled to reject under your statutory rights).

    If they still refuse to accept your return for a full refund, contact your bank and request a chargeback stating that Cashconverters are refusing to abide by their legal obligations under the CCR's.
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just to clarify what exactly did you do with the phone while in your possession? I'm assuming you at least opened the box, did you do anything else?
  • No I didn't I put it straight into a case, loaded it up, briefly tested it and put it back in the box, the accessories weren't used either.
  • DCFC79
    DCFC79 Posts: 40,623 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No I didn't I put it straight into a case, loaded it up, briefly tested it and put it back in the box, the accessories weren't used either.


    In what way did you briefly test it ?
  • Turned it on and checked it was working ok, nothing more. The condition is new and it was never taken out the house.
  • I've just got another email from the Manager stating:-


    "We will re-disptach the item first thing in the morning in this scenario and I will let you deal with Trading Standards.


    In regards to you "Proving the item was sent back in new condition" in the fact the ite is now un-sealed and now the handset and accessories show signs of use"


    Well firstly, the acessories weren't used and the phone wasn't used and I took several photos of it before sending it back, it was in new condition.


    And I don't want the phone sent back to me, I have already made that clear.



    I am fuming by this. any advice please? Thanks.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Turned on = phone used is what they are saying .
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    No I didn't I put it straight into a case, loaded it up, briefly tested it and put it back in the box, the accessories weren't used either.

    Why do you mean by "loaded it up"? Did you insert a simm card or go through any part of the set up process on the phone?
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