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Amazon cancellation request help

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Comments

  • pinkgem
    pinkgem Posts: 3,299 Forumite
    I considered phoning his local sorting office and asking them to re-deliver the item, is this possible? as then he may just sign for it as he won't be expecting it to be delivered again.
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    I wouldn't worry. If you want then do a print out of the page from Royal mail where it states delivery was attempted and it's at the sorting office. I can't see him bothering with picking it up although me might by istake if he has more than one item due to arrive and doesn't know which one is waiting for him ;)

    After x days they will send it back to you as undelivered.

    Make sure you keep copies of everything and no I wouldn't bother calling CS again yet.

    Man the world is just full of difficult buyers at the moment... :) I had a few on Ebay but managed to sort them (they claimed a MB wasn't working and wanted to return it to me - postage is over £20! - So told them what I thought the issue was and after reviewing the potential package costs they eventually tried it and WOWEE it worked (BIOS update for those interested lol) ) and eventually they left me a fantastic feedback bless :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Got to agree with the above. Explain to buyer that you will refund him when the item is returned to you but tha may take a couple of weeks. Keep it calm and factual and don't let them bully you.

    Remember don't refund P+P they are not due that.
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    Ok i will save a screen print of the royal mail website and also print out a copy and then will just wait to get it back

    I am so glad I sent it by Recorded Delivery so i have proof of where it is (or proof if it had been delivered) if i had sent it by standard 1st or 2nd class he would probably have just said he didn't receive it when he did and i would have to refund everything and then attempt to claim from royal mail - probably without his cooperation.
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    I phoned customer services and was advised to email the buyer to tell him that royal mail attempted to deliver the item as he may not have had a card through the door or may pretend he has not had a card through the door.

    Then he has no excuse for not knowing that the item was at his local sorting office.

    She said it would then either be returned by royal mail if he does not collect it or returned by him at his own cost if he does collect it.

    Once i receive it back it i was advised to refund item cost only.

    I am not sure what i should say to the buyer. Do you think just a simple email stating that the royal mail attempted delivery on wednesday 14th march and left a while you were out card and that he can call them to re-arrange a delivery or collect the item?

    or should i also say that if he does not collect it then royal mail will return it to me in a week or 2 and i will refund item cost only or should i not bother saying that as well?
  • mishkanorman
    mishkanorman Posts: 4,155 Forumite
    I would email and tell him,

    " The package is at your local sorting office and will automatically be sent back to me, upon receipt you will be refunded
    £XX . This amount is what you originally paid, minus the incurred postage costs. If you wish to collect the item and return it yourself you are welcome to do so at your own cost"

    Are you intending to refund minus the costs you incurred or what he paid amazon for postage ??


    mishka
    Bow Ties ARE cool :cool:

    "Just because you are offended, doesnt mean you are right" Ricky Gervais :D
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    I would email and tell him,

    " The package is at your local sorting office and will automatically be sent back to me, upon receipt you will be refunded
    £XX . This amount is what you originally paid, minus the incurred postage costs. If you wish to collect the item and return it yourself you are welcome to do so at your own cost"

    Are you intending to refund minus the costs you incurred or what he paid amazon for postage ??

    mishka

    i don't think it will automatically get sent back to me i think it will be a week or 2, maybe 3 weeks before it is returned and i would rather that he collected it himself because he is less likely to try and claim for it not being delivered - although i seriously doubt that he will collect it.

    i have not decided what i will refund yet. i think i should be entitled to keep the £4.50 postage he paid even though the postage only cost £2.38 to send it as i still paid for the large jiffy envelope which i will get back but it was cut down in size and taped up so may not be reuseable.

    also he has caused me so much hassle. i have had to reply to lots of emails and i was on the phone to amazon customer services for 30 mins earlier. i also phoned them yesterday for a while. yes it was a freephone number thank god, but this matter has wasted so much of my time.
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    I replied a few minutes ago and just told him that they attempted delivery and it was at his local sorting office.

    He replied:

    Royal Mail delivered the item and I refused it. The postwoman, in my presence, clearly marked her form, 'delivery refused'. They should now return it to you.
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    i have replied:

    "Why did you not inform me that you had done this 2 days ago?

    I can only refund if item is returned to me within 7 days in its original condition."

    just received this back!

    "I think we are building up to an interesting case in the small claims court."
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    I have just had this now!

    "I set out below the relevant extract from the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334). You will see that it is the cancellation of the contract, not the return of the goods that counts. I undoubtedly cancelled the contract within 7 days. You will also notice 10(2) which says that if cancelled, the contract is treated as if it had not been made. In other words, you have to return the whole of my payment including the postage.

    With best wishes

    Right to cancel
    10. - (1) Subject to regulation 13, if within the cancellation period set out in regulations 11 and 12, the consumer gives a notice of cancellation to the supplier, or any other person previously notified by the supplier to the consumer as a person to whom notice of cancellation may be given, the notice of cancellation shall operate to cancel the contract.

    (2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.

    (3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

    (4) A notice of cancellation given under this regulation by a consumer to a supplier or other person is to be treated as having been properly given if the consumer -


    (a) leaves it at the address last known to the consumer and addressed to the supplier or other person by name (in which case it is to be taken to have been given on the day on which it was left);

    (b) sends it by post to the address last known to the consumer and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted);

    (c) sends it by facsimile to the business facsimile number last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent); or

    (d) sends it by electronic mail, to the business electronic mail address last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent).


    (5) Where a consumer gives a notice in accordance with paragraph (4)(a) or (b) to a supplier who is a body corporate or a partnership, the notice is to be treated as having been properly given if -



    (a) in the case of a body corporate, it is left at the address of, or sent to, the secretary or clerk of that body; or

    (b) in the case of a partnership, it is left with or sent to a partner or a person having control or management of the partnership business.


    Cancellation period in the case of contracts for the supply of goods
    11. - (1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (5).

    (2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

    (3) Where a supplier who has not complied with regulation 8 provides to the consumer the information referred to in regulation 8(2), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the consumer receives the goods, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

    (4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

    (5) In the case of contracts for goods for delivery to third parties, paragraphs (2) to (4) shall apply as if the consumer had received the goods on the day on which they were received by the third party."
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