need advise on a refund from Amazon

trinidadone

aheaton46 wrote: »

I disagree entirely.

The seller has already accepted the item back as faulty. They are not taking money off for the amount of use the item has has had, they have stated it is for their postage costs. They cannot do this when they gave free postage in the first place. (In addition, the purchaser has had no use of the item so the seller cannot deduct money for this anyway. A jump starter is not like a TV, it's not something you use every day.)

Given the seller has accepted it back as faulty, they are accepting it was not fit for purpose and should be refunding the return postal costs.

This is what Consumer Direct, word for word, thanks

trinidadone

Consumer Direct advised me last week to formally request a full refund, which should be the total cost I paid for the product, plus the P&P of returning the product. I received a email response FOUR days later informing me a refund has been made to my credit card, minus £5.00 they claim the P&P cost them to originally send the product to me (Odd because the product was free P&P). They have also not refunded the £7.12 P&P it cost me to return the produce. I am currently out of pocket of £12.12. I telephoned comsumer direct again today, they have advised me to send another email and registered letter requesting full refund within a reasonable time limit. The told me to mention the Sales of Goods Act, and threaten court action. This company is a complete crook

popadom

Just because it says free postage dosnt mean it was free for them...so if the item is worth 10.00 theyll sell it for 15.00 and say "free postage". But i dont see why they took the 5.00 off you though.

Leave bad feedback. i cant see how court action will work as i think you have to pay £30.00 for starters.

trinidadone

well sur prise surprise, I have received little response from the company. They took the £5.00 off my refund as they said it was the cost to them for sending the original product to me in the first place.

I telephoned consumer direct again today, I told them I sent a letter and email as instructed in my last telephone call and had been ignored. Consumer direct informed me I should now take court action against the company. I think it costs £35.00 to log my claim. I asked CD (consumer Direct) my chances. they gave two views. One on one hand, I have been sent a product which was clearly faulty. I have been charged there postage, and postage for returning the product to them which is wrong. On the other hand, I have had the product for five months. I will have to pay 35 quid to log my claim, and may have to pay there 35 quid if I lose. Also, i may have to pay up to 50 pounds if they claim any out of pocket expenses (day off work etc...)

should I just walk away and pick a different battle or should i take court action?

catfish50

trinidadone wrote: »

well sur prise surprise, I have received little response from the company. They took the £5.00 off my refund as they said it was the cost to them for sending the original product to me in the first place.

I telephoned consumer direct again today, I told them I sent a letter and email as instructed in my last telephone call and had been ignored. Consumer direct informed me I should now take court action against the company. I think it costs £35.00 to log my claim. I asked CD (consumer Direct) my chances. they gave two views. One on one hand, I have been sent a product which was clearly faulty. I have been charged there postage, and postage for returning the product to them which is wrong. On the other hand, I have had the product for five months. I will have to pay 35 quid to log my claim, and may have to pay there 35 quid if I lose. Also, i may have to pay up to 50 pounds if they claim any out of pocket expenses (day off work etc...)

should I just walk away and pick a different battle or should i take court action?

Why risk losing up to £120, when the most you can gain if you win is £12?

herewegoagain2010

trinidadone wrote: »

Dear All,

I purchased a jump starter on Amazon in September 2010 after the product repeadly failing me, I got in touch with the sellor on Amazon, who advised me to return the product myself.

After repeated emails from from myself, I requested the following;

1) A full refund of the product £27.48 (it was free P&P

2) The returned postage £7.14 (I pay to pay for the returned postage)

total: £34.62

Just a little confused because you said later in the thread you only used it once.

lindos90

I feel really annoyed for you! The fact you have had it for 5 months should not necessarily affect any refund. If its faulty within the product garauntee period then you should get a refund, however actually making this happen can be very difficult, and thats why sellers like this push thier luck.

I once had a kettle that stopped working after 10 months, took it back and got a full refund (as it was within twelve months) they said nothing about reducing the refund as i'd made cups of tea in it for the last 10 months, so that argument is not valid, they are just trying to recoup their losses on postage, and will likely pass the product back to their supplier anyway.

Give poor feedback, thats about all you can do, (and name them on here, I for one would like to avoid amazon sellers like this and a heads up would be welcomed!)

herewegoagain2010

I think you need to calm down and send a polite e-mail to amazon explaining you think they've made a mistake. Write it clearly down how much you paid for the item, return postage and how much has been refunded. Explain that through no fault of your own, the item has become faulty within the first 12months of purchase and you had expected that the item would have a longer serviceable life that 5 months. You need to confirm how many times you've used the item because it's confused from what I've read in the thread. Your original post said repeatedly, but then further on you said once. Either way I don't think it matters the item should have lasted longer than 5 months and if you mention the sales of goods act, an item should be fit for purpose. I'm sure a nice polite e-mail will sort it all out. It could well be an oversight on the customer service department, but give them the chance to resolve the problem. I wouldn't recommend the small claims court for the sake of a tenner especially as you're well out of your 30 days of purchase. Amazon didn't have to refund you anything and could well have insisted you contacting the manufacturer to resolve the problem.

EDIT Sorry I think I've understood it was from Amazon direct. Did you buy it direct from them or soeone in their market place?

lindos90

herewegoagain2010 wrote: »

Just a little confused because you said later in the thread you only used it once.

I took it to mean it worked correctly on one occasion, then on sucessive attempts since then it failed.

catfish50

lindos90 wrote: »

I feel really annoyed for you! The fact you have had it for 5 months should not necessarily affect any refund. If its faulty within the product garauntee period then you should get a refund, however actually making this happen can be very difficult, and thats why sellers like this push thier luck.

It's apparently not within the guarantee period as it was bought from an Amazon seller and faulty products have to be returned within 90 days of the order date. So it's the Sale of Goods Act that applies, and that's what Consumer Direct has been quoting. It costs Consumer Direct nothing to say "It's your right, you can take them to court", but the fact is, the case could be lost and end up costing the OP a lot more money, and even if it's won, if the seller doesn't pay up, there's no way to enforce collection.

Yep, bad feedback, at least it doesn't cost anything!:)