Music Magpie not refunding – what are my rights?

bpk101

TL;DR — Bought a refurbished iPhone from Music Magpie that was damaged on arrival, returned for a refund but they're claiming the fault was caused by me, no refund will be issued and the phone will be retuned to me.

Hi –

I recently purchased a refurbished iPhone (XS) from Music Magpie advertised as and sold in 'very good' condition. The phone arrived, i ran some quick checks on it and noticed the main rear camera lens was producing photos with blurred spots meaning dust was trapped inside the lens. I returned the phone, they deemed it irreparable and fully refunded me.

Once refunded – and still in desperate need of a new phone – i decided to try my luck again and purchase another iPhone XS from them but this time in 'pristine' condition, their highest and most expensive grade. The phone arrived (a different phone i must add, different serial number etc), i ran some quick checks and again there was problems with the camera lens. Not only this but there also appeared to be damage to the screen... a large discoloured patch in the top corner:



Needless to say i was not going to be keeping this phone either and returned it (in the same packaging and using the returns label and royal mail service they provided) a matter of hours after it arrived. I didn't use the phone at all (other than the quick check), I didn't even put a SIM card in it.

I emailed customer services that same day to tell them i was returning the phone and that i was a little disappointed that both iPhones i received were faulty and surprised given they claim each phone is subject to "an extensive 90 point diagnostics check... as well as checking the likes of the cameras...".

This morning i received this email from Music Magpie...

————

From: contactus@musicmagpie.co.uk

Subject: Return Enquiry

Date: 24 November 2021 at 08:52:58 GMT

Whilst inspecting your returned device, it has become apparent that the faults found on the phone are not due to a manufacturing defect.

The fault has clearly been caused due to some form of accidental damage.

In lieu of this, the warranty is void and we will be returning the device to you. This will be sent to the address on your account and will be dispatched in the next working day.

Regards,

Returns Department
Customer Services
musicMagpie

————


So essentially they're saying the phone will not be refunded and they're sending it back to me?!

Please, any advice as to how i deal with this and get my money back would be gratefully received. They're notoriously difficult to contact and i'm unsure of where i stand legally and what to say to them if i do make contact. 

Thanks.

cx6

Any online sale you have a right of return for any reason. So you can return it. Problem is they are saying you damaged it.

You can try your card company but I would be upfront with them and tell them the story as MM are likely to contest it.

In the final end, if you get no joy, a LBA and small claims court would be the route, and the judge will make a decision based on the evidence.

bpk101

cx6 said:

You can try your card company but I would be upfront with them and tell them the story as MM are likely to contest it.

I paid using a Lloyds debit card, not a credit card ... is this still an option i can pursue?

cx6

Yes ask for a chargeback for delivering a faulty item - but as I say, expect MM to contest it down the road (ie Lloyds may well give you the money back but in a few weeks will reverse it if MM contest the claim successfully). But worth a try.

bpk101

cx6 said:

Yes ask for a chargeback for delivering a faulty item - but as I say, expect MM to contest it down the road (ie Lloyds may well give you the money back but in a few weeks will reverse it if MM contest the claim successfully). But worth a try.

Thanks - i'll give them a call tomorrow.

Any advice on how i progress with the next step (LBA / Small Claims) if the chargeback's not successful? I've never had to go through this before. 

bpk101

Also, what should i do with the phone if it is returned to me?

I don't want to be in possession of it whilst this plays out in case they drag it on past some sort of date where i can no longer return it.

Should i just send it straight back – this time at my own cost – as soon as it arrives? And what are the risks of doing this (I wouldn't put it past them to claim they never received it)?

Thanks again. 

MalMonroe

bpk101 said:

Also, what should i do with the phone if it is returned to me?

I don't want to be in possession of it whilst this plays out in case they drag it on past some sort of date where i can no longer return it.

Should i just send it straight back – this time at my own cost – as soon as it arrives? And what are the risks of doing this (I wouldn't put it past them to claim they never received it)?

Thanks again. 

I'd hang on to the phone for the time being because if you send it back, then they will have your money AND the phone. If it were me, when it does arrive I wouldn't open it. Just in case they accuse you of causing MORE damage.

I'm very disappointed to hear this of MusicMagpie though, as I use them a lot (not for phones but for music and films and also to sell items to).  I've never had any problems. Except once I received the wrong CD and they refunded and said I didn't have to return it. 

However, Resolver may be able to help you and they have a special section for help with MM. See info in this link -

https://www.resolver.co.uk/companies/musicmagpie-co-uk-complaints

Resolver is free and best of all, it's associated with MSE.  Good luck.

bpk101

MalMonroe said:

https://www.resolver.co.uk/companies/musicmagpie-co-uk-complaints

Resolver is free and best of all, it's associated with MSE.  Good luck.

Thanks so much for this!

MalMonroe said:

I'm very disappointed to hear this of MusicMagpie though, as I use them a lot (not for phones but for music and films and also to sell items to).  I've never had any problems. Except once I received the wrong CD and they refunded and said I didn't have to return it. 

Yes i'm super disappointed too, i've never used one of these companies before and it's put me off doing so ever again. That said, i do still need a new phone but i'm really cautious about using any of the other 'highly rated' refurb outlets (Giff Gaff etc). 

Would I have been better off just returning it and saying i simply didn't like it (still an accepted reason for returns according to their website)?

I feel like alerting them to a major fault it arrived with simply gave them the option to accuse me of doing it and offloading an item they knew was faulty. 

born_again

bpk101 said:

Would I have been better off just returning it and saying i simply didn't like it (still an accepted reason for returns according to their website)?

I feel like alerting them to a major fault it arrived with simply gave them the option to accuse me of doing it and offloading an item they knew was faulty. 

I think you may find that given the email reply you received in your OP, that they will not take it back as they feel you have damaged it. Or if they do you will not get a full refund.

whalemoney

Hi out of interest, how did this matter get resolved? I have a similar issue and wondering if everything turned out well or if you had to take them to court? 

sheramber

whalemoney said:

Hi out of interest, how did this matter get resolved? I have a similar issue and wondering if everything turned out well or if you had to take them to court? 

Your not likely to get an answer from the OP.

The thread is nearly two years old and the OP last logged on over a year ao.