CEX Online do I have a Civil claim?

[Tak3n]

Hi

Looking for some advice really, I sold a phone to cex online with a value of £90, they returned it as it faile a set up test (long story) so I was thinking fine I will sell it on Ebay...

I emailed them to ask where it was and they sent me a tracking number, but it has been delivered to my old property where I have not lived for over 3 years, I checked their website and I had updated my account details to reflect my new address, this was done roughly 6 months ago when I sold them a different item....

They are basically be un-concerned and are suggesting I basically hunt down my phone, and are taking no responsibility for the fact they have sent it to the wrong address, I have said it is up to them to sort this out, and now they are no longer replying to my emails!!!

Any ideas what I should do?

[YesMaam]

Well, if the facts are correct, it appears they are liable to you for your phone.

When you sent it to them they are supposed to hold it safely and pay you, or if not ensure it is safely returned it to you.

It seems to me it is entirely their fault that the phone has not been safely returned to you, as you updated your details and they erroneously sent it to the wrong address which would be in breach of their duties.

There is something called the Tort (Interference with Goods) Act that applies here, making them liable for your loss. Have a google.

Where to from here? Stiff worded letter to MD, quoting the law telling them that you will refer the matter to trading standards and issue a small claim for the return if they don't refund the money in say 14 days.

Wait and see if that works. If it does not, decide if you think it is worth paying the court fees to recover the money (you will get court fees back if you win).

HTH

[sneezecakesmum]

Also read through their (CEX) terms and conditions and it should say what they do with items not required by them ie return them to you safely!

[YesMaam]

Good point - always look at the terms and conditions!

[sneezecakesmum]

T&Cs btw are those reams of pages everyone just scrolls through and ticks.