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Vulnerable relative ripped off

26 replies

TheChosenTwo · 18/08/2021 13:55

By being sold an iPhone 8 that doesn’t work with a handwritten receipt that says not refundable. Where do I stand? How can I help?

OP posts:
CorrBlimeyGG · 18/08/2021 13:57

In what way does it not work, and is it from a store? What did the store say when you/ they contacted them?

In what way are they vulnerable?

TheChosenTwo · 18/08/2021 14:01

The battery doesn’t charge and it came without a sim, it was £400!
He lives on his own and has Alzheimer’s.
I’ve just come up to see him, usually get here 3 times a week and since I last came he decided he needed a phone as his old one wasn’t working (it was working fine).

OP posts:
TheChosenTwo · 18/08/2021 14:02

Im about to go down there now and find out if there’s anything I can do. Obviously if there isn’t then he’s lost the money and that’s that, he doesn’t need the money it’s just that he’s quite clearly (as in physically it’s very obvious that he’s not quite right) vulnerable and some vulnerable people have absolutely no one looking out for them and it makes me rage.

OP posts:
crazynell · 18/08/2021 14:04

Does he have a social worker? If so ring them. Call Police too. Get advice from Age Concern too. He/she might be doing similar with other people took

CorrBlimeyGG · 18/08/2021 14:06

It's not unusual to buy a sim free phone, so don't mention that.

If the phone does not charge then it is not fit for purpose and the store needs to offer an appropriate remedy (repair, replace, refund). If they refuse to do this then you can send a letter before action, advising that you will go to small claims if they do not resolve the issue.

TheChosenTwo · 18/08/2021 14:22

Yes I know it’s not that uncommon to be sold a phone without a sim, it’s just that my relative is utterly baffled about technology in the first place and has no clue what a sim is or does.
Of course he did go and hand the money over, I’m not disputing that, I’m just furious that they’ve sold him this thing in the first place!!! He’s 89 and not a young 89 year old before anyone jumps in saying they know a 99 year old that still runs marathons and is a senior accountant at Halifax!

OP posts:
OverByYer · 18/08/2021 14:27

Who sold it to him? If it’s a shop then report them to trading standards.
If it’s an individual private sale then not so easy unless you can apeal to their better nature.
Sounds like he needs some support in managing his finances , having large amounts of money to hand makes him vulnerable to being exploited.

TheChosenTwo · 18/08/2021 14:33

It’s a shop, not a chain shop, an independent one. I’m about to go and take it in there and have a chat with them. I will try hard to appeal to their better nature.
Thank you for your advice.

OP posts:
enjoyingscience · 18/08/2021 14:35

They can’t say no refunds if it doesn’t work - that’s a basic trading standards thing.

Have a look at which? Before you go and have some stock phrases on consumer rights to hand. Good luck!

TheChosenTwo · 18/08/2021 14:51

Okay well he did say no refunds and we left. I didn’t want to row, I said I would be taking this further unless he wanted to just refund the phone and he said no, that I should take it further. Fuck sake!

OP posts:
Galassia · 18/08/2021 14:51

I don’t think you can accuse them of deliberately misleading him due to his age as he was capable of going into a shop and capable of paying with cash/card etc.

What is relevant is that the phone sold was not working or fit for the purpose.

Ilovecharliecat · 18/08/2021 14:53

contact trading standards, the may be able to help

enjoyingscience · 18/08/2021 15:51

definitely local trading standards then. What a horrible exploitative man :(

Gingernaut · 18/08/2021 15:56

They sold a phone that wasn't fit for purpose to a vulnerable man.

That's appalling and definitely worth a trip to Trading Standards.

Debetswell · 18/08/2021 16:00

My fil often got sold stuff on the phone that he didn't need. Eg, tv insurance etc.
We contacted the companies concerned and he was refunded every time.
A respectable shop would do the same.
They're shameless.
I would put the facts on the local group, no blame, just facts.
Eg my old qrelative was sold this by ....
He doesn't need it and it cost £400.
Would anyone like to buy it.

That way you're not accusing but people can make up their own minds. And they will.

Muma1992 · 18/08/2021 16:05

You need to take a letter before action into the shop and tell them you will be proceeding with the small claims court unless the money is returned in 14 days.

Palavah · 18/08/2021 16:07

Also try Action Fraud. The 'non-refundable' bit of the receipt is void because, as PP have said, goods have to be fit for purpose.

littletinyboxes · 18/08/2021 16:24

www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange

This link has some useful information about consumer rights- and in particular the right to a full refund within 30 days if goods are faulty. If the phone is not charging I think it's pretty clear that it's faulty. If they try to say that the phone was sold as not fully working (ie spares of repairs) they will need to prove this and I don't think simply stating 'no refunds' will do that.

LimitIsUp · 18/08/2021 16:30

In addition to small claims court / trading standards, I'd be involving the local newspaper - bit of public shaming of the shop

TheChosenTwo · 18/08/2021 17:07

@Galassia I’m not disputing that at all, I’m just annoyed that he’s paid (yes capably) so much money for something that doesn’t work and the terms of sale are sketchy with a handwritten receipt stating not refundable. It’s not fit for purpose and the man refused to give him his money back.
That he’s capable of handing money over willingly in a shop is not up for debate, he shops and cooks for himself and takes care of himself in all respects. But he’s an unwell man (a whole other thread) and vulnerable. It’s okay for him really, he’s got plenty of money and is losing it hand over fist at the moment and it won’t make any difference to him financially.
How many other vulnerable people are being screwed over on a daily basis because they don’t even have a person like me in their life looking out for them?
Thanks to everyone for the advice, I’m going to have a read of the links posted and have a rethink.
In the meantime, if anyone wants to buy a broken red iPhone 8… Grin

OP posts:
TheChosenTwo · 18/08/2021 17:09

Ps, @Galassia that whole rant wasn’t aimed at you by the way! I went off on an angry tangent but I quoted you at the beginning and it looks like I’ve gone off on one at you, sorry Blush
I’m just bloody furious at dickheads who think it’s okay to treat anyone like this let alone a vulnerable elderly person.

OP posts:
KilledByWitches · 18/08/2021 17:22

I'd take to your local area facebook with this one. People really don't like pensioners being ripped off by local shops.

Galassia · 18/08/2021 17:23

It may be just a dozy dimwit who is seeing people all day long and doesn’t factor in who they are selling a phone too and is just instructed to make a sale.

Many people in sales jobs are worried about meeting their own targets to have concern for others, sadly.

HalzTangz · 18/08/2021 17:25

£400 for an iPhone 8 is cheap so I assume it was bought 2nd hand.
Phones don't come with Sims no days, pay as you go phones still require a separate SIM to be bought. Generally only get Sims with a contract phone.

If it's a contract phone they can (and usually will) swap it.

I'm guessing it's been purchased from somewhere like CEX (though they usually give printed receipts), or from an advert such as Facebook market place or eBay. In which case generally you do buy as seen (and down to the buyer to check that there's no faults)

WeAreTheHeroes · 18/08/2021 17:30

@HalzTangz - no need to guess, the OP has stated it was bought in an independent shop so not the likes of CEX or via Facebook.

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