Dear ,
Thank you for your email on 15th October 2021 to the Citizens Advice consumer service. Your reference number is .
We understand from your email you purchased a Samsung Galaxy S21 from Samsung online on 18th September 2021. You traded in your old phone for a discount with a deadline of 22nd October 2021. You sent your phone on 8th October 2021 which you had an email confirmation stating the phone was received on 11th October 2021. You then also had confirmation that the trade was not received and will locking the phone in 24 hours. Samsung has stated they will looking into this.
Your rights and obligations
All contracts in the UK are governed by common law and your agreement with them is bound by the terms and conditions you have both agreed. If the trader is not following your terms and conditions, you could argue that the trader is breaching your contract.
In this case, you would firstly need to set a deadline for them to resolve the issue. If the issue is not resolved in the deadline, you could hold the trader in a breach of contract until they resolve the issue.
The burden of proof is on yourself to show that there has been a breach in your contract. We would advise to read through any terms and conditions to find out where the trader has breached the contract.
Your next steps
Start by having another conversation with the trader. If you do not get anywhere following this conversation, you may wish to raise a complaint using the trader's complaints process or by putting something in writing. Ideally this should be sent via email or by recorded mail - keep a copy of any correspondence. You can find a letter template here.
Make sure you set a date in your correspondence for the trader to respond to you by - as a guideline we typically suggest a minimum of at least 7 days. If you receive no response, or an unsatisfactory response within this timescale, come back to us and we'll give you advice on what to do next.
You may also wish to speak to PayPal as they have their own payment dispute process which are bound by their own terms.
To ensure we have a full case file for Trading Standards, can you please confirm if you received a copy of your terms and conditions and cancellation rights when you arranged the service?
What we will do
We’ll notify Trading Standards of this issue. Whilst this doesn’t help you resolve your problem, it gives Trading Standards vital intelligence about how the trader operates their business.
If you have any more problems please call us on 0808 223 1133 or reply to this email, with your reference number.
