By claiming a near illegal act you are skating on very thin ice. You literally have no evidence, beyond circumstantial, to make the accusation OcUK used the CPU and resold as new, and as a result you are just mudslinging.
Tray CPUs are just that; they come in a tray. There are plenty of fingers in the pie before they even get to OcUK, and its entirely possible somebody further up the chain has swapped something out, mispacked, or there's even some kind of defect on the IHS that
looks like previous use. Furthermore, this could be a return that's gotten mixed up with new tray stock. That is a mistake, not an conscious, illegal act.
It's all irrelevant though since all the OP needs to do is fire up a ticket and say "yo, I bought a new OEM CPU from you guys and it's been clearly used. Replacement or refund please" and there's literally no issue. But if you want to discuss the circumstances and the ramifications of the event, then start a new thread or go complain to OcUK.
Do you want
@Gibbo to explain again how their binning works? You could always fire your accusations of illegal resale at him directly if you want.