Cex have damaged my item!

Gabybey

We dropped off an Apple Monitor which was in excellent condition.  The gent at the local Cex store checked it over and item was accepted.  Given a receipt and told that we would be paid once the internal check was completed.  Had no news for over a week.  Tried to contact them.  Eventually, had to just go back to the store as had no response where I was informed that they would no longer accept the item as it had a chip on the monitor!!!!! As previously mentioned when we dropped off the item it was in perfect condition so can only assume it was damaged in store. Back and forth via email for over 2 weeks.  Now 3 weeks later receive an email telling us to come and collect the monitor as they refuse to pay us for it.  They deny all responsibility of damaging it.  What, if any, recourse do we have here please?  

caprikid1

"They deny all responsibility of damaging it.  What, if any, recourse do we have here please?  "

Do you have any photo's of the item prior to it being dropped off ?

Is the chip that obvious that you could argue the shop would have never accepted it with the damage ? So it must have occurred during your ownership ?

Gabybey

Thanks for your response.  I will have to ask my husband if he has a photo of the monitor prior to leaving at Cex.  This is the damage that was incurred whilst at Cex and when my husband went in to see what was happening due to no response from them.  No way would we have wasted our time taking a damaged monitor to sell nor would they have accepted it in this condition.  Does anybody know if there is a recourse for us?  They are denying any wrong doing

Aylesbury_Duck

It's your word against theirs.  Small claims action would be the only route here, presumably suing them for the difference in second-hand value between the monitor in good condition and its value now it's damaged.  You'll need to work out what that amount is.  They may make an offer if they know you're prepared to take legal action, or they may call your bluff.

Ergates

Bearing in mind the threshold for "proof" in civil court is "Balance of probability" rather than "beyond all reasonable doubt", which makes your argument that they'd have never accepted it in the first place with such an obvious large chip on the screen and reasonably good one.

Al_Ross

Or could they be trying to pull a fast one by giving you a different monitor back ?