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Bought faulty used phone for cash, but seller won't refund.

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Is it legal to only offer a replacement or repair if a faulty used phone is sold? The local trader insisted on a cash-only transaction.

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  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Presumably this is a business seller not someone selling their personal property?

    It was advertised as fully working or it had faults declared?

    When did the fault develop? In the first 30 days or after?

    If it's in the first 30 days then you have the right to reject the goods from a business seller and obtain a full refund. If its after 30 days then the seller has the option of repair/replace once, if it becomes faulty a second time then you have the right to reject again.
  • Thank you. It is a business seller, and the fault became evident on the day of purchase. The seller insists they have a policy of repair or replace, but are unable to refund without the agreement of a manager, who seems impossible to trace.
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    The Section 22 of the Consumer Rights Act 2015 is what gives you a 30 day right of rejection... obviously enforcing rights can be easier said than done. It's often worth putting something in writing to them, either an email or letter with proof of sending (its free from post offices) to evidence that you first raised the matter with them within the 30 period 
  • brewerdave
    brewerdave Posts: 8,729 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    When you say cash purchase ,do you mean actual folding money ? If you paid by card then you could pursue refund via your bank. 
    However, if the local business seller insisted on real cash, I would be very suspicious that they are about to go bust or are crooks !!
  • Grumpy_chap
    Grumpy_chap Posts: 18,303 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Is it legal to only offer a replacement or repair if a faulty used phone is sold? The local trader insisted on a cash-only transaction.
    If this was a business seller, then you have rights.
    However, enforcing those rights may be impractical.
    What is the nature of the fault - is it a totally defunct phone or some specific feature that might be one that can be lived without?
    What was the amount paid for the phone?
    "Cash Only" for a business might imply the business is not the most established and not the easiest to deal with in the event of any issues arising.  Does the business operate from a premises, or online social media advertising?
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