CEX sent me empty envelope

TomSD92

Hi all

I ordered a couple of items from CEX and received a sealed, empty envelope.
I have complained to them and they spent a week "investigating" then came back today to say that they have to "reject my claim" as the package was closed and did not appear to be tampered with. Honestly, this made me pretty angry.
As I paid through PayPal, I have raised an issue on there to try to get my money back, but I was wondering if there is anything else I can do. I thought it would be a simple case of 'customer is always right' and getting my money back wouldn't be a bother, but I am not sure what my actual rights are in this situation. I have purchased from them many times before and this is the first time I'm having an issue.

Thanks for any help out advice anyone can give!

mikb

Can you indicated what items you bought that would fit in an envelope?

Is it physically impossible that your item could go in an envelope (i.e. a flat screen TV and a laptop!) -- if so, a comedian has sent you the empty envelope (presumably tracked) to "prove" delivery, which won't stand up to someone manually reviewing the case.

MrH86

I've been to CEX many times and I could easily see them forgetting to put the game in the envelope and sending it off empty.

mikb

@MrH86 What game?

Also, if the package was "closed and not tampered with", I would argue that's their admission that they sent you an empty envelope in the first place. Thank them, and then ask what they plan to do about supplying the goods, or a refund!

bris

MrH86 said:

I've been to CEX many times and I could easily see them forgetting to put the game in the envelope and sending it off empty.

Yea sure you have.....

adamp87

Complain further but I think PayPal will aid your case. Was it a costly item?

They’ll have to make a claim with Royal Mail If it’s gone missing and provide CcTV footage as a result within I think it’s 14 days that it was put in the envelope & sealed. If it’s lost during the post/stolen that’s royal mails job to sort out with CEX. Not yours.

mikb

Until the OP comes back, we'll never know!

TomSD92

Hi all
Thank you so much for your suggestions.
It was a couple of blu rays that cost about £70.
I have raised the complaint with PayPal and after several days they have come back saying they have CCTV footage to show the items were in the package.
I also complained further via email saying I wanted this raised to a manager. The manager has eventually come back to me still saying they won't refund me. I have copied their response below.
I have replied to this and still have the PayPal complaint, but at this point, I feel pretty helpless.
Thanks again for all of your help
Tom

"Thanks for all your emails and do allow me to assist as your concerns have been escalated to me. Do allow me to apologise for all that has transpired. 

I have looked into all aspects of this matter and also spoken to all relevant teams. I have also checked the various logs that we have entered prior to having these packages dispatched. I am happy to state that, the packages we well in order and sealed and sent out. I am sorry to know that, you have not received it though. 

Usually in such cases, should there be any sort of tampering / pilferage en route, it is always put into Royal Mail Damage bags and unfortunately this is not the case here. The logistics team have also been in contact with Royal Mail who have confirmed their internal process as well. 

Having mentioned the above, I am sorry to say, that I will not be able to issue a refund nor a replacement against the order.

I offer my sincere apologies for all the inconvenience caused and if there is any further information you may require from me do feel free to write in. 

Wishing you a lovely evening up ahead."

mikb

If Paypal don't agree that you've not received the goods you paid for, you have two choices :-

Write it off and never deal with CEX again, leaving them 1* Trustpilot reviews ...

Gather your evidence and claim details, lay out the simple facts and timeline, and send them a formal Letter Before Action (Letter Before Claim - Google for templates) asking for the goods you ordered or a full refund including postage, giving them a reasonable deadline to sort it out. If no joy, you can use Money Claim Online to start a claim against them.

TomSD92

Sounds like my only hope is going to be PayPal then.
My issue all along is how I would actually provide evidence to show I didn't receive the items. It's really just my word against theirs. Also, if I have to pay fees for the Money Claim Online, that makes it less worthwhile and I'm not sure I would win it anyway.
Thank you so much for your help, I will definitely be leaving CEX a review on Trustpilot.

mikb

You may struggle with Paypal if you say "Item not received" and CEX counter with tracking, and your admission you received something. "Item not as described" might be more appropriate. You need a human being to review it though, not an automated claim machine.

You can't provide evidence of NOT receiving it, but that's not how it works. If you are prepared to dig your heel in and say "I testify that I did not receive this item", and take THEM to court, you are either a very brave chancer looking to get a freebie, or telling the truth.

Fees for the money claim form PART of the claim, so it would be £70 + costs.

Sending an LBA/LBC costs a stamp, and shows you are serious. If they don't back down "as a goodwill gesture on this occasion", following up with the MCOL part shows you are really serious.

It's down to the judge, unless one of you backs down and admits you were wrong