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John Knox
John Knox, Solicitor
Category: UK Law
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I sold a blackberry to one of these trade in sites. After agreeing

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I sold a blackberry to one of these trade in sites. After agreeing the price online I sent them the phone. They emailed me to say it had a lot of scratched on the screen, which it didnt and was dropping teh price by over half. According to their Terms and Conditions i had five days to accept the deal or opt for the phone to be sent back to me. Unfortunately i didnt see the email until after the five days. I called them to say but had no joy with the salesperson. I asked to speak to the manager who was on teh phone and would call me back. That was 24 hrs ago an dhavent heard since. Am I covered by the 14 day cooling off period as its only 11 days sinse their apparant deadline. Thanks, XXXXX XXXXX a bit long winded, XXXXX XXXXX
Hello Scott,

I will do my best to help you with this.

The distance selling regulations are not really applicable here but you do not need them. You are still a consumer in this situation and the company's terms are exploitative. There is no good reason for limiting you to five days. Importantly, by only emailing you, rather than calling you to discuss, they could not be sure that you had read the email. Therefore, the five days should only begin to run from the date you read the email (if at all).

If you now want the phone back (better to sell it yourself on ebay), you should insist on that. Email them with a full explanation and tell them that their terms are unenforceable and you have received legal advice to the effect that you are entitled to have the phone returned.

The reality here is that you struck a deal and reached a price and now they are seeking to alter the price. So, they wish to amend the contract and you do not agree. That being the case, there is no binding contract and you are entitled to have your property returned to you.

Best wishes
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