SALLY SORTS IT: Can Argos refuse to refund phone because I opened box?

I bought a £400 Samsung Galaxy A53 mobile phone online through Argos. But when I opened the box, I found that the phone was too heavy to hold because I have arthritic hands. I thought it wouldn’t be a problem to return it.

However, Argos refused to take the phone back because I opened the box. How can I judge if something is suitable without opening the box?

I emailed the company, who replied that the rejection of the refund was due to EU law regarding the General Data Protection Regulation (GDPR) and the fact that personal information may be stored on the phone. This law apparently supersedes our own distance selling laws.

I would have thought it would be easy to check the phone to make sure it doesn’t contain such information.

Even if you can’t help me, I feel like if this isn’t done, anyone who buys a tech item from Argos and has to return it will be stuck.

CN, Loughborough.

Sally Hamilton replies: I’ve ordered cell phones online before, but since I’ve never had to return one, I haven’t come across an annoying little loophole.

When I got in touch with Sainsbury’s, which owns Argos, it confirmed its position but agreed to refund you as a ‘goodwill gesture’. It added: “Customers have 30 days to return an item in accordance with our returns policy. Some items, including DVDs, music and software products, must be unused and in the original sealed packaging in order to be returned/refunded.

“Smartphones are also exempt from the 30-day money-back guarantee because they can store personal data and therefore cannot be resold.”

I knew about the rule on DVDs, software and music, which makes perfect sense given that someone could theoretically buy these items, copy them and return the originals for a refund. But I felt something was wrong with the terms and conditions that apply to smartphones.

I did a quick search online, but didn’t see any mention of this cell phone return waiver on other retailers’ websites.

I spoke to consumer champion Martyn James who was incredulous. He told me he had never heard of this “totally incorrect” interpretation of the GDPR rules – legislation designed to protect a person’s personal data.

He says: ‘I’ll add it to my ever-growing list of crazy claims companies are making because of this much misunderstood legislation.

“Sometimes if you dig a little deeper, I notice that some company employees are developing what I call ‘urban GDPR myths’. They do a training, someone draws a random conclusion, it spreads like wildfire and then becomes unofficial policy.

“In this case, as with most of them, it’s all wrong.

“If the customer just took the phone out of the box, her data isn’t on it. Phones don’t magically record your previous phone’s data, as anyone who’s gone through a setup process will attest.

“And even if she had, that’s why we have the factory reset button.”

He believes this looks more like a restrictive returns policy from the company than anything related to the GDPR, and should therefore be stated at the point of sale.

I’ve searched Argos’ website, as well as the return policy it sent me, for the explicit terms and conditions regarding cell phone returns. They were nowhere to be seen.

I took over Mr James’ comments and asked Argos to reconsider his position.

Not long after, a red-faced employee came up to me and apologized, confirming that the customer service representative originally dealing with you had indeed misquoted the GDPR rules regarding cell phones.

You were relieved – and so was I. Having arthritic hands is painful enough without hitting a wall when trying to return a purchase.

I can’t close my late wife’s Halifax Isa

I lost my wife of 54 years in April. Since then I have been trying to close her Halifax Isa with the help of my daughter, but in vain.

Scottish Widows, the part of the bank that manages the Isa, has confirmed that she has received the relevant form, a copy of her death certificate and her will.

The claim form is also countersigned by our attorney, as required.

But Scottish Widows has still refused to release the £16,773.

I’ve called several times but can’t figure it out.

This is very stressful and I have expenses that I have to pay after the funeral.

Sally Hamilton replies: Unraveling a loved one’s financial affairs after death is an extremely painful and often daunting task.

And it’s a task made all the more difficult when companies drag their heels or force the bereaved to jump through hoops to get money that’s rightfully theirs.

Money Mail sees too many such cases and has been campaigning for years to encourage companies to improve their methods of dealing with grieving relatives.

I contacted Scottish Widows and asked the company to investigate the delays in your case. A few days later I came back to apologize and confirm that you had indeed provided the correct paperwork and that the claim was now pending.

A spokesperson said: ‘We have spoken with GL and apologized for the lack of clarity regarding our requirements and the delay caused. We have confirmed that no further documentation is required.”

Scottish Widows has now transferred the money and added 8 per cent interest to the Isa balance, plus another £300 for the inconvenience caused.

You were pleased with this result and, as a thank you for my involvement, you made a donation to the charity Marie Curie.

• Write to Sally Hamilton at Sally Sorts It, Money Mail, Northcliffe House, 2 Derry Street, London W8 5TT or email sally@dailymail.co.uk — provide phone number, address and a note addressed to the offending organization giving them permission to talk to Sally Hamilton. Please do not send original documents as we cannot take any responsibility for them. The Daily Mail cannot accept any legal responsibility for answers given.