Cex want to charge me the difference for an exchange.

ryrystelladowens

Hello all!

In February, I bought a computer keyboard from Cex which cost £18 at time of purchase. since then the price has changed in their catalogue to £25.

The keyboard stared to develop an issue where the lights would flash randomly and sporadically.

I took it to the store to ask if I could have it refunded or exchanged for a replacement and they told me that as the price has gone up I'd have to pay the difference in price if I wanted it exchanged.

This seems like a truly unusual policy which I've never heard of before and from what I know, this wouldn't be allowed usually (though I'm not an expert). I wonder if Cex can get away with not carrying out the dame duties as other retailers as they sell second hand goods mainly?

Does anyone know if this policy by Cex is allowed? and what do you all think is my best option in this case? Is my only option to bite the bullet and get it refunded at a lower price and get a different computer keyboard?

Thanks All

P.S: I've attached a screenshot of the section of my email correspondence with customer support where they confirmed the word of the store employee that this is their exchange policy

ryrystelladowens

Here's the attachment I mentioned

Peter999_2

Yes, that's fine for them to do that if they want.  So long as they are prepared to refund the price you paid then you will be in the same position you were in at the beginning.

the_lunatic_is_in_my_head

Hello OP

As far as consumer rights go you could try advising them the keyboard does not conform to the contract and you are seeking remedy of a replacement which must be provided at no additional cost to the consumer as per Section 23 paragraph (2)(b) of the Consumer Rights Act

https://www.legislation.gov.uk/ukpga/2015/15/section/23

If they refused your rights then lead to you a price reduction (probably not helpful) or a full refund, technically you could claim the difference in buying another as damages but for £7 there's obviously no point investing too much time in this. 

Being an argumentative sod I would ask them had the price gone down would they refund the difference during such an exchange.... 

It's a very poor policy but you are likely dealing with staff told to stick to company policy and again £7 doesn't warrant too much effort sadly.  

fuzzything

There’s no harm in sending them a letter or email giving them formal notice before legal action. I think you’d give them 14 days to resolve. You may decide not to go ahead as there is a £35 fee, but if you did you could include this fee in your claim.

Ideally they would offer you the new price or perhaps a voucher as a gesture of goodwill without it coming to that.

lincroft1710

fuzzything said:

There’s no harm in sending them a letter or email giving them formal notice before legal action. I think you’d give them 14 days to resolve. You may decide not to go ahead as there is a £35 fee, but if you did you could include this fee in your claim.

Ideally they would offer you the new price or perhaps a voucher as a gesture of goodwill without it coming to that.

I understand that a sum as low as £7 would be deemed de minimis and would not be considered by the court

ThumbRemote

lincroft1710 said:

fuzzything said:

There’s no harm in sending them a letter or email giving them formal notice before legal action. I think you’d give them 14 days to resolve. You may decide not to go ahead as there is a £35 fee, but if you did you could include this fee in your claim.

Ideally they would offer you the new price or perhaps a voucher as a gesture of goodwill without it coming to that.

I understand that a sum as low as £7 would be deemed de minimis and would not be considered by the court

Do you have a basis for that understanding? I'm aware of a small claims case for £10 recently, so I'm not aware of any particular minimum in the small claims track. 

DullGreyGuy

ThumbRemote said:

lincroft1710 said:

fuzzything said:

There’s no harm in sending them a letter or email giving them formal notice before legal action. I think you’d give them 14 days to resolve. You may decide not to go ahead as there is a £35 fee, but if you did you could include this fee in your claim.

Ideally they would offer you the new price or perhaps a voucher as a gesture of goodwill without it coming to that.

I understand that a sum as low as £7 would be deemed de minimis and would not be considered by the court

Do you have a basis for that understanding? I'm aware of a small claims case for £10 recently, so I'm not aware of any particular minimum in the small claims track. 

De minimis non curat lex is a legal defence 

The problem is that small track cases are normally handed down orally so getting evidence is difficult. In my experience have dealt with a few sub £50 claims and whilst the cases weren't dismissed costs weren't awarded so the person got their £10 compensation from our defendant but had paid far more that in court fees. In a singular case where they also breached the CPRs they also had to reimburse us costs but net of the £25 award. 

the_lunatic_is_in_my_head

DullGreyGuy said:

De minimis non curat lex is a legal defence 

The problem is that small track cases are normally handed down orally so getting evidence is difficult. In my experience have dealt with a few sub £50 claims and whilst the cases weren't dismissed costs weren't awarded so the person got their £10 compensation from our defendant but had paid far more that in court fees. In a singular case where they also breached the CPRs they also had to reimburse us costs but net of the £25 award. 

If I'm remembering correctly, the case Thumb is referring to was for £10, the other party didn't engage so it was won by default and eventually the person the claim was against paid up to an amount around £200. 

There was a Twitter thread detailing everything but the search on here is pants, maybe @ThumbRemote still has the link. 

It is interesting as clearly claims for such small amounts are done on principle and I've read on here the courts don't particularly like such claims.

As I say I don't think it's worth the trouble for £7 or such, you'd be better off investing time in something more fruitful, again it's a shame there is an online record of small claims cases, would probably help close a lot of gaps in the points that are debated where where we don't particularly know the exact answers. 

RefluentBeans

I agree with everything that’s posted. I would ask for a refund - my bet is they are going to be resistant and so they aren’t refunding you and reselling a new item to you; they are trying to replace it (which they’re legally allowed to do) but pass the costs to you (which they’re not allowed to do - if they’re choosing to replace it). 

But they may just refund you - which would be simpler I think. Means any new purchase is clear and distinct from the previous. 

sheramber

The OP has not said they will not refund, He asked for refund or exchange and Cex replied that an exchange would require an additional payment. 

It is more the case the OP would prefer an exchange.