Can I seek legal action against CeX

Chaosminion5254

Hello all,

I recently purchased an item on the Cex online store with a voucher I gained from trading in some old phones of mine. The item I purchased was a Micro SD card.

When I received the item and unpacked it. I found it was stuck into a transparent plastic case with blu tack holding it in place. The blu tack was on the side where the metal contacts for the device are exposed and also where the holographic sticker on the item is located. This sticker holds the serial number. I found this strange and took a video of it before opening the case and trying to remove the card.

Once I removed the card the sticker ripped off. I immediately recorded this aswell as I had no clue whether this was normal or not, but something didnt feel right. Under the sticker were some more metal contacts that had now been revealed. I tried testing the card in my partners switch and it didnt read. The next day I took the item into my local Cex and had it submitted for testing and a refund as it did not work. 

Several weeks went by with no contact from Cex and after multiple visits, at least 1 a week, my local store informed me that the item cannot be refunded as the store that the item came from is denying sending the card the way that I received it. I contacted customer services who claimed that they had done a "thorough review" with the store without even requesting any evidence of how I received the item and said I would not be given my refund. This thorough review consisted of two images sent by the store of the card unpackaged in the palm of a staff members hand. I know this as a friendly member of staff at my local store showed me the conversation threads they had regarding the item.

I quickly hassled them and sent over all my videos and the images of packaging and proof I have of the item. The issue I find is that the serial number was covered when I initially received it and the staff at my local store lost the blu tack that was in the case when I gave it to them. So by my understanding there is no way to prove that this is the same item. It has been over a month since I have been in this process and I have yet to hear back from customer services at Cex. I fear that the store that sent me the item is covering their own back and not being honest to customer services.

What are my rights as a consumer in this situation. Am I entitled a refund? If so will I need to seek legal action? I am concerned as I know that the customer service team and the store that sent me the item have not been honest with me from the start and I have not been able to see any of the evidence submitted against me in this case.

Thank you to anyone who sticks around to read this

caprikid1

"What are my rights as a consumer in this situation. Am I entitled a refund? If so will I need to seek legal action? I am concerned as I know that the customer service team and the store that sent me the item have not been honest with me from the start and I have not been able to see any of the evidence submitted against me in this case."

What is the value of the item ?

Chaosminion5254

caprikid1 said:

"What are my rights as a consumer in this situation. Am I entitled a refund? If so will I need to seek legal action? I am concerned as I know that the customer service team and the store that sent me the item have not been honest with me from the start and I have not been able to see any of the evidence submitted against me in this case."

What is the value of the item ?

The item in total with delivery was £95 I paid in full with a voucher I claimed from handing in items to cex

lincroft1710

You do realise that any refund would only be in the form of a CeX voucher as that is how you paid for the item

Chaosminion5254

lincroft1710 said:

You do realise that any refund would only be in the form of a CeX voucher as that is how you paid for the item

I understand that but either way I still would like a refund of that value, it is within my consumer rights is it not?

eskbanker

The issue is the age-old one of the distinction between having rights and being able to enforce them.

When a purchased item doesn't conform to the contract (i.e. doesn't work), then the Consumer Rights Act does grant you the right to reject it within 30 days for a refund (and other rights beyond that).

However, if the retailer asserts that the returned item isn't the one that was sold, or that the purchaser damaged it, then that muddies the water, and so it becomes harder to make the claim stick.  If the retailer is insistent on either point then ultimately you would need to let a court decide based on the evidence, and it may even be that the issue of a formal Letter Before Action prompts settlement....

m-holland

Am i reading this completely wrong, or are you saying your paid £95 for a second hand MicroSD card?

Chaosminion5254

eskbanker said:

The issue is the age-old one of the distinction between having rights and being able to enforce them.

When a purchased item doesn't conform to the contract (i.e. doesn't work), then the Consumer Rights Act does grant you the right to reject it within 30 days for a refund (and other rights beyond that).

However, if the retailer asserts that the returned item isn't the one that was sold, or that the purchaser damaged it, then that muddies the water, and so it becomes harder to make the claim stick.  If the retailer is insistent on either point then ultimately you would need to let a court decide based on the evidence, and it may even be that the issue of a formal Letter Before Action prompts settlement....

I hope it does not come to this, but I am sure it will. Am I correct in saying that it is the responsibility of the retailer to provide evidence that they did not send the item in the way that I received it?

Chaosminion5254

m-holland said:

Am i reading this completely wrong, or are you saying your paid £95 for a second hand MicroSD card?

Yeah, its a 1TB Microsdxc for the Switch console and its a special zelda one so when I first purchased it I thought it would be a nice gift for my partner but it has now become a nightmare

born_again

Is this a 2nd hand 1TB Microsdxc?

Chaosminion5254

born_again said:

Is this a 2nd hand 1TB Microsdxc?

Yes, pretty sure all things from Cex are 2nd hand