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    Tesco sell me second hand phone - where do i stand?

    hi, mate just bought a blackberry from Tesco. got it home and it had a sim in it already and bbm pins written all over the manual. Turned it on and the blackberry has loads of stuff on it, bbm and pictures and the guys email and facebook.
    Basically all their details on it, bbmessenger had already been used which means we cant use it.

    Where do we stand?

    edit:
    we found out thru talking to the people on bbm the guy whos phone it is brother works at the tesco phone shop.

    Where do we stand? this is pretty bad selling us a second hand phone that wont work surely? especially as our mate had to stay down for an extra day tomorrow to go in store and sort it out.

    Where do we stand?
    i guess what im really saying is : CAN WE GET FREE STUFF?

    21 Comments

    Banned

    no free stuff, but a refund

    Original Poster

    i dnno, at least a cover surely

    If you bought this as a NEW product then it
    obviously is not. Take it back and get a full
    refund. The goods are not as stated and the law is
    on your side.
    There should be no problem at all.
    I would also put in a complaint to them.
    This kind of service is NOT acceptable.
    Forget the free stuff, you could have problems.
    I had this happen to me at Argos a few years ago.
    Someone had returned the phone to Argos and they had
    made no checks to see if it had been used.

    Supermod

    You are entitled to recover your loss. If you have not suffered loss then the most you should receive is a replacement.

    magicjay1986;8153191

    You are entitled to recover your loss. If you have not suffered loss then … You are entitled to recover your loss. If you have not suffered loss then the most you should receive is a replacement.



    Not true. He is entitled by law to a FULL refund.

    Banned

    Get a refund they will need to give refund if it stated new

    Supermod

    gluke21;8153251

    Not true. He is entitled by law to a FULL refund.



    Refund or replacement as standard, yes.

    Ask for £1000 you deserve it

    deanos;8153633

    Ask for £1000 you deserve it



    ask for £2000 so when they knock you down to £1000, you get what you deserve

    ask for petrol money

    Ask for a double cheeseburger with fries

    Ask for half a pound of common sense, I can see that your friend forgot to put some in his basket.

    You bought a new phone.

    Tescos did not supply a new phone.

    Breach of contract.

    Worse. They don't have access to secondhand phones, so they must have put someone's returned phone old phone back on the shelf.

    Not only has that meant they were selling an old phone as new, but they have also failed in their duty of care that the previous owner's private data is now in someone else's hands. Private data which could include personal information, bank details, etc.

    For the breach of contract the very least you should expect is to have what you paid for: a new phone.

    With regard to the breach in their duty of care, you could ask the local Trading Standard officer or at least mention that you are thinking of involving him when you write to head office.

    Supermod

    Some_Bloke;8154674

    You bought a new phone.Tescos did not supply a new phone.Breach of … You bought a new phone.Tescos did not supply a new phone.Breach of contract.Worse. They don't have access to secondhand phones, so they must have put someone's returned phone old phone back on the shelf.Not only has that meant they were selling an old phone as new, but they have also failed in their duty of care that the previous owner's private data is now in someone else's hands. Private data which could include personal information, bank details, etc.For the breach of contract the very least you should expect is to have what you paid for: a new phone.With regard to the breach in their duty of care, you could ask the local Trading Standard officer or at least mention that you are thinking of involving him when you write to head office.



    Mistakes happen. Under these trivial circumstances a replacement or refund will suffice.

    I would be incredibly surprised if Tesco have a duty of care to the person who returned their phone as they probably should have ensured that their details were already off of the phone. If you run by this rule then the duty of care would just continue for pretty much any scenario of this nature.

    Original Poster

    wwell got a free car charger and case

    Banned

    Mclovin;8158760

    wwell got a free car charger and case


    well done:thumbsup:

    Did you not check the box was sealed. I'd never accept/buy a phone classed as brand new With the seal broken

    Mclovin;8158760

    wwell got a free car charger and case



    good it all helps, what did they actually say when you told them, was the guy who had used it at work? Had he just borrowed it or had he ever bought it. Like those girls that wear the clothes from clothes shops and return them the next morning.

    Original Poster

    hah no idea how it happened.
    All a bit shifty, they just appologised loads

    :oops: :w00t: :? lol

    Hi there
    Well similar thing happened to me
    Bought a lumia 920 on contract and payed off the phone I opened the phone it was used and had to wait 30 minutes to get it sorted then they gave me a new phone and put the used one back on the shelf to sell to someone else also I was starring about and saw the same name on the phone shop manager and his texts were on there
    Then there printer wasn't working and had to go twice to get my contract sent to my email
    And worst of all no apology
    Tesco mobile borehamwood is terrible
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