CEX Sold me a Fake iPhone and will likely refuse a refund.

jasonwatkins

This is the phone ..

https://ibb.co/9kQbXDs9

I went in there on Friday the 19th intending to buy the 2TB iPhone 17 Pro Max they had on display and I asked the staff member if they still had it as it wasn't on the shelf.  

He went and got it out of the window display and let me have a look at it but explained it had no charge as it was likely brand new.  He offered to charge it up for me but I said it was fine as I had no reason to expect anything untoward.

I am, of course, completely aware and understand fully that this was a mistake.

Paid with Monzo Flex as I'd specfically added their new feature where you can spread the interest free payments over 12 months earlier that morning as that was my intention.

When I got home and charged the phone, I connected it to my WiFi and it immediately pushed a "System Update" which, of course, doesn't happen in iOS but I still accepted it.

Even though the phone came pre-installed with TikTok, Facebook and the Google app, I don't think I really registered it initially as I was staring at the phone and looking at the settings thinking "Is this a fake ?".

I pressed the side button to turn the display off for a moment and when I went back to it and woke it up, I was greeted with this ..

https://ibb.co/yvJn87G​

The box said it was a 2TB phone and the IMEI number on the box matched the IMEI on the receipt but didn't match either of the two IMEI numbers in the phone settings. It was also only showing up as only 1TB in the memory settings as well.

I went back to the shop (in Romford, Essex) yesterday and the manager told me she'd looked at the CCTV of the testing when the phone came in and the tester had "logged the IMEI number" in accordance with their procedures, but didn't tell me if she'd actually seen the phone switched on because there's no way this should have passed their testing procedure.

She said she'd contact the shop owner, as it's a franchise shop, and would ring me later in the day.  She did that and didn't seem overly keen on telling me what had happened as she wanted me to come in and discuss it in person.

I said to her "I'm sensing you're going to push back on this ?" and she said that was the case and that the store owner had seen the CCTV as well and that the phone they sold me wasn't the one I was returning, even though it was the one I was returning as I hadn't done what she was implying.

She said they won't be able to refund me but that she would prefer me to go there in person today, which is the plan, so we can discuss it further.

The most upsetting thing about all of this is that I already realise that they've completely got me over a barrel because there's literally no way I can prove that I didn't do what they're going to say I did.  If this phone has been switched out with the fake clone after the testing, as it appears, then all they have to do is stand by their claim that the phone I'm returning is not the one they sold and I'm out £1.8k.

Assuming things go south later today, I'm looking at doing a chargeback with Monzo and I can provide pictures of the phone, the google login screens and the receipt as well but I'm already assuming they'll reject it which would leave my last throw of the dice as a small claims action.

That also will likely fail as they can again simply claim that the phone they tested and logged was not the one I am returning.

So if you've read this far, thankyou first of all, but I'm hoping you might have some insight or some words of wisdom or anything I can do to make sure I get a refund.

Thanks.

poppy10_2

I know you've already acknowledged it as a mistake, but dropping £1.8k on a phone without even taking up the offer to see it switched on was absolutely ridiculous. What if it had been a real phone that was activation locked? It would have been even more worthless than the cheapo android fake you've got. 

I think you are completely out of luck I'm afraid. You've got no way of proving that the phone you are returning is the one they sold you

flaneurs_lobster

Is the assertion here that this is actually counterfeit hardware or a 1TB phone fraudulently sold as a 2TB one?

You are right, of course, you've done all kinds of wrong in this purchase - there's little point in listing how it should have gone.

The store will argue that the phone they sold you is not the phone you are seeking to return. I'm not seeing how you can counter this. Either the store management is complicit in the fraud or they have an employee who has swapped out the original legit phone with the one you bought. 

I'm not seeing any solution here other than Small Claims, either the threat of such or an actual judicial process where your word would need to be believed over that of the retailer.

I didn't know that CeX had a franchise model, does that mean that the claim is against CeXcorp or the individual franchisee? 

jasonwatkins

flaneurs_lobster said:

Is the assertion here that this is actually counterfeit hardware or a 1TB phone fraudulently sold as a 2TB one?

You are right, of course, you've done all kinds of wrong in this purchase - there's little point in listing how it should have gone.

The store will argue that the phone they sold you is not the phone you are seeking to return. I'm not seeing how you can counter this. Either the store management is complicit in the fraud or they have an employee who has swapped out the original legit phone with the one you bought. 

I'm not seeing any solution here other than Small Claims, either the threat of such or an actual judicial process where your word would need to be believed over that of the retailer.

I didn't know that CeX had a franchise model, does that mean that the claim is against CeXcorp or the individual franchisee? 

It's basically both.  It was sold as a 2TB phone and it was only 1TB in the settings and it's also a Chinese clone with an Android operating system skinned to look like iOS.

CEX do have franchise stores and corporate stores so any claim would be against the owner of that particular franchise.  I only found this out some years ago when I was speaking to the manager of a store in Brentwood in Essex (now closed) and he was telling me that the store in Dartford in Kent was a franchise and often sent people to them for refunds because, as corporate, they had to give them where the franchise store could refuse them for a variety of reasons.

pinkshoes

You'll have to see what they say and stand your ground.

If they refuse to refund then take down their names and then if Monzo refuse to refund you have the option of taking them to court. A judge will then decide the likelihood of you having swapped the phone out or not and find in your favour hopefully!

£1800 for a second hand Apple phone?? And what does this phone do to warrant being so expensive??

(Sent from my 5 year old Android worth about £60 that does everything I'd need a phone to do...)

flaneurs_lobster

Presumably you have a receipt that shows the actual full description of the phone that they claim to have sold you?

jasonwatkins

flaneurs_lobster said:

Presumably you have a receipt that shows the actual full description of the phone that they claim to have sold you?

I do.  It states that it's a 2TB iPhone 17 Pro Max and has the recorded IMEI number on it and this matches the IMEI number of the box but does not match any of the IMEI numbers on the device.

I forgot to mention in the OP that the serial number on the device comes back as an iPhone 17 Pro Max that was apparently purchased on September the 19th.

Chief_of_Staffy

Sorry, I'm still stuck on the "I spent £1.8k on a phone" bit.

Aylesbury_Duck

I expect the store to put up quite a fight.  They're not going to hand over £1800 if they have any doubt about the situation and their records don't show anything suspicious.  I suspect that to get the refund you want, this is going to have to go to court and you'll have to hope that the court considers your version of events to be the more likely one.

I suggest you get some friendly financial planning support/advice from somewhere.  Spending £1800 on a phone was unwise in the first place, even without the ensuing problems with this one.

QrizB

Chief_of_Staffy said:

Sorry, I'm still stuck on the "I spent £1.8k on a phone" bit.

People spend £20k or more on wristwear, when you can get a perfectly adequate watch for 0.1% of that.

Spending £1800 on a phone is a valid choice of you've got that much disposable income.

(I typed that on my Moto G53.)

flaneurs_lobster

Chief_of_Staffy said:

Sorry, I'm still stuck on the "I spent £1.8k on a phone" bit.

Useful. Well done.