Amazon marketplace non delivery - small claims court? Please help!

moneysavingnovice26

Hi

I am hoping someone can provide advice

I ordered some gym mats for our garage at a cost of £200 from Amazon. They were from a third party supplier via Amazon, think its called Amazon Marketplace.

The mats did not arrive by the specified date so I contacted the seller via Amazon to ask where they were. On two seperate occasions they told me they would despatch the item again and i would recieve a tracking number. After 2 days I hadn't heard anything so i contacted them again and they said it had been referred to a manager.

Nearly a week had passed by this point, so I decided to just open an Amazon claim. Amazon provided a Yodel tracking number (assume they got it from the seller) and said it had been signed and delivered. As we didn't have the parcel, I phoned Yodel to find out what had gone on, Yodel told me that the address for the tracking number given to me was not for my address and was actually for another address. For confidentiality reasons they were unable to tell me what address it was for.

I have now had numerous communications with Amazon, but each time I get a standard response saying the package has been delivered and signed for so there is nothing they can do. I have explained to them our dilemma about the tracking number but no-one seems to want to do anything about it.

I phoned Yodel again to see if I could get proof from them that the tracking number was not for our address and in fact someone else's but they said they couldn't provide me with that and that it was something the seller or amazon would have to do.

So I have gone back to the seller and they are now saying because I have filed a claim with Amazon it is in their hands to sort out.

I feel like I am going round in circles and that this is never going to be resolved. I am thinking of going to the small claims court - do you know if i need to take Amazon or the 3rd party seller? I assume my transaction is with the 3rd party seller so i would take them?

Any advice/comments?

Thanks

InsideInsurance

How did you pay for it? If its by debit or credit card then contact the issuer and ask them to do a chargeback for non-receipt of goods

GreatBeyond

Chargeback would be the best option.

If that fails it's the seller who you will be claiming against.

chris_aaaaa

I am just going thru the same thing with Amazon.


So somewhere between hijacking the thread and sharing info! and ideas.




I ordered a double bed which never turned up..., so off to Amazon to get a refund, they say it was delivered and signed for (on a Sunday) so not their problem.


I paid by Amex via Amazon, which I believe is one of the few ways to defeat section 75.


But as I understand it, the risk passes with delivery to the customer, personally, to their agent or if it is left in accordance with the customer instruction (throw it over the fence etc).


In this case the carrier has been robbed before it got to me so it is up to them to report it police etc.


My plan is to say to seller, I want another under the sale of goods act, and if they have not got one, I shall cancel for a refund under the EU distance selling regulation (or the UK equivalent of it).

wealdroam

chris_aaaaa wrote: »

My plan is to say to seller, I want another under the sale of goods act, and if they have not got one, I shall cancel for a refund under the EU distance selling regulation (or the UK equivalent of it).

Sounds like a good plan doesn't it?

You will of course be prepared for their response that they have already delivered it to you. If they can prove that, you are very unlikely to get a refund, whatever law you quote, until you go to court.

It may come to asking a judge to decide, on the balance of probabilities, whether you received the goods or not.

chris_aaaaa

What is their proof, some scrawl from somebody, certainly not me.


I cannot believe they just dumped it on the pavement and let a passer by sign for it, they must have taken it to the wrong house.


They have given me a tracking number now, but for a company called HLO distribution, never heard of them.

wealdroam

chris_aaaaa wrote: »

What is their proof, some scrawl from somebody, certainly not me.

I have no idea.

chris_aaaaa

Sorry, wrong tone, not challenging you, just wondering what status some random scrawl might have.


Home insurance comes with legal advice line so I asked a lawyer today, under the old SOG act the risk passed to the buyer when the goods were identified (ie despatched).


Under the consumer regulations (which replaced the distance selling regulations), the risk is now with the vendor until the goods are delivered.

wealdroam

chris_aaaaa wrote: »

Home insurance comes with legal advice line so I asked a lawyer today, under the old SOG act the risk passed to the buyer when the goods were identified (ie despatched).

Under the consumer regulations (which replaced the distance selling regulations), the risk is now with the vendor until the goods are delivered.

Yes, whether that is right or wrong doesn't matter either way.

Your situation remains the same.

As I said earlier, if the seller insists that he has delivered the goods to you, then you may need a county court judge to decide which one of you is mistaken.

GreatBeyond

chris_aaaaa wrote: »

I am just going thru the same thing with Amazon.


So somewhere between hijacking the thread and sharing info! and ideas.




I ordered a double bed which never turned up..., so off to Amazon to get a refund, they say it was delivered and signed for (on a Sunday) so not their problem.


I paid by Amex via Amazon, which I believe is one of the few ways to defeat section 75.


But as I understand it, the risk passes with delivery to the customer, personally, to their agent or if it is left in accordance with the customer instruction (throw it over the fence etc).


In this case the carrier has been robbed before it got to me so it is up to them to report it police etc.


My plan is to say to seller, I want another under the sale of goods act, and if they have not got one, I shall cancel for a refund under the EU distance selling regulation (or the UK equivalent of it).

Yeah, usually Amazon will reject an A - Z Claim if the seller can show proof of delivery, in this case tracking showing signed for.

Unless the carrier admit to the seller they have delivered to an incorrect address then the chances are you will have to go to court and let a judge decide.

I wouldn't make too much of the fact that the tracking is showing delivered and signed for on a Sunday - plenty of companies will deliver on the Sunday so that in itself isn't a sign of something being wrong.

Unrelated to your issue but I hope that the next time someone comes on to ask about having received goods belonging to someone else and asking if they can keep them they have a look at this thread and see how much hassle it actually causes for the person who has purchased the goods.

chris_aaaaa

Just as well I am bloody minded enough to make a small claims case for s £120 bed base.


It is just a replacement in the spare room so the inconvenience is low, but it is flippin' cursed, this is the 3rd order. #1 went out of business, refunded by paypal, #2 Argos who came up with a 45 day delivery date - cancelled. #3 ...