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

eskbanker

poppy10_2 said:

You still haven't explained why you would willingly hand over £1800 for a second hand phone you didn't bother to even turn on to see if it was working, when the brand new model is available from Apple for £1999. Ten per cent saving for a second hand phone hardly seems worth it even if it was a genuine item

Are you under the impression that OP owes anybody an explanation when posting a straightforward question about their consumer rights and how to proceed from the situation they find themselves in?

dnpark38

Amazing subject this 5 pages!
Can I ask a "dummies" question.   Is the phone actually a "fake" or is it a genuine phone in a wrong box?
The store having 2 genuine phones different models and they got somehow into wrong boxes.

soolin

dnpark38 said:

Amazing subject this 5 pages!
Can I ask a "dummies" question.   Is the phone actually a "fake" or is it a genuine phone in a wrong box?
The store having 2 genuine phones different models and they got somehow into wrong boxes.

Yes a phone can be fake just like a knock off copy of a designer dress or those perfumes currently being sold out of a suitcase in my local town that are supposedly 'real' but overstocked by Harrods.

An Iphone is an Iphone, branded and sold by or on behalf of Apple. A phone designed to look like an Iphone with potentially different components, less storage, potentially poorly built - but with the outward appearance of an iphone - is not an iphone. You could go to many Far east sites now and buy a knock off iphone for a lot cheaper than a real one. Obviously a knock off phone would not be worth as much as a real one- 9apart from the legalities) and there would be no apple support if and when it breaks down. 


If this was just a lesser iphone model wrongly branded as a higher spec one then it still wouldn't be what the OP paid for. 

Grumpy_chap

dnpark38 said:

Amazing subject this 5 pages!
Can I ask a "dummies" question.   Is the phone actually a "fake" or is it a genuine phone in a wrong box?
The store having 2 genuine phones different models and they got somehow into wrong boxes.

Obviously not that amazing as it was not captivating enough to spot the OP stating they apparently bought a phone that was an Android in iPhone fancy dress:

jasonwatkins said:

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.

nyermen

Havent read the 5 pages, but from my knowledge of CEX (I know my local store pretty well) they should have a rigorous testing procedure - even franchises are closely controlled (as they have a close relationship with the company itself due to eg, headoffice paying the bank transfers for sold goods even for franchises).

I'm going to assume OP's correct in everything they've said (eg. no chance the phone has been swapped after purchase) - therefore, unless the CEX tester did a really lazy job (they have a checklist of things they're supposed to go through) - then I'm going to suggest there may be something dodgy going on in store. Someone (not necessarily the tester) has swapped out for genuine for fake, etc. 

You may need to even consider involving the police therefore, as if you noticed it was a fake quickly, they should certainly have done so.  eg. Testers are meant to fully wipe the device etc. 

Bit more of a brain dump - if they're saying the EMEI they sold you is not the device you have, then where is that one?  If its still in store (you were handed the wrong device) or its "missing" (from the store presumably as again, tester is meant to check EMEI's fully) in which case it should be reported as stolen.  Btw, CEX use Mobicode to check devices. So I think the store should have a record of it being checked (they should do, as I think its a condition of their insurance).  It should also be reported stolen so it cant further be sold.

the_lunatic_is_in_my_head

poppy10_2 said: when the brand new model is available from Apple for £1999. Ten per cent saving for a second hand phone hardly seems worth it even if it was a genuine item

Worth a note CEX offer trade in with store credit being higher than cash, if OP was sitting on a build up of store credit the transaction makes sense. 

Ergates said:

I think the court-case equivalent of this would form part of the case for the OP.  On balance of probability - would someone trying it on go as far as taking the retailer to court?

I'd say - probably not.   But maybe it happens all the time - who knows.  (Certainly not me)

I do wonder on these points, I mean if you have the front to stand in front of a court a lie surely you'd be focusing on easier ways of dodgy dealing! 

jasonwatkins said:

Just to update, I did post about this on Reddit and I've received rather a lot of responses !

I think I found your thread there OP and the comments about MobiONE and contacting CEX main customer service might be your first port of call, beyond that your are looking at letter before action and small claims as some also mentioned on there. 

Section 75 is another avenue as the credit provider will be regulated and need to treat you fairly.

The important thing here is if you exercise the short term right to reject (insist upon refund within 30 days of taking possession) burden of proof will be upon yourself.

However if you request your right to a replacement (a repair isn't possible) burden of proof will be on them. I understand a replacement is unlikely but if that is the case then you move on to final right to reject which also places burden of proof upon them. 

Same applies to the credit card company as they are jointly liable. 

born_again

the_lunatic_is_in_my_head said:

Worth a note CEX offer trade in with store credit being higher than cash, if OP was sitting on a build up of store credit the transaction makes sense. 

OP said
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.

Won't get into S75 as this is one that would require some in depth discussion with OP.

flaneurs_lobster

Would a visit to the local nick to make a report of theft? be appropriate? Don't imagine the police would give any time to a report of dodgy Channel Perfume down the market but here the OP is down £1800. 

Would you also report the (real) iPhone as stolen? After all, the OP is the legal owner, no?

A police report reference number would at least show seriousness on any future communication with CeX.

jasonwatkins

flaneurs_lobster said:

Would a visit to the local nick to make a report of theft? be appropriate? Don't imagine the police would give any time to a report of dodgy Channel Perfume down the market but here the OP is down £1800. 

Would you also report the (real) iPhone as stolen? After all, the OP is the legal owner, no?

A police report reference number would at least show seriousness on any future communication with CeX.

I'm not opposed to involving the police buy my main worry is what happens to me if the shop pushes back even harder and escalates.

I literally have no way of proving that I didn't do what I'm being accused of and they'll have the store manager, the owner and, eventually, the tester all making statements clarifying that their testing procedure was followed correctly and that the correct phone was tested and purchased from whoever was selling it.

I'll literally just have my word that I didn't do it.

Aylesbury_Duck

jasonwatkins said:

flaneurs_lobster said:

Would a visit to the local nick to make a report of theft? be appropriate? Don't imagine the police would give any time to a report of dodgy Channel Perfume down the market but here the OP is down £1800. 

Would you also report the (real) iPhone as stolen? After all, the OP is the legal owner, no?

A police report reference number would at least show seriousness on any future communication with CeX.

I'm not opposed to involving the police buy my main worry is what happens to me if the shop pushes back even harder and escalates.

I literally have no way of proving that I didn't do what I'm being accused of and they'll have the store manager, the owner and, eventually, the tester all making statements clarifying that their testing procedure was followed correctly and that the correct phone was tested and purchased from whoever was selling it.

I'll literally just have my word that I didn't do it.

I think you're worrying unnecessarily about that.  No one's going to prosecute you for theft or fraud.  I agree with the previous poster that getting a crime number would signal more serious intent when mentioned in your letter before action.