Amazon & Seller refusing refund on damaged item

Grumpyfeet

Hi. So I bought a £500 5 year old Macbook Pro i5 Laptop from a seller called 'cash cats' on amazon in the used section/seller category,
The description said the laptop had 1 or 2 marks but worked perfectly.
When the laptop arrived the UPS box had dints in and the laptop screen did not stand up right and the laptop didn't even switch on. I immediately took photographs and emailed the seller. I told the seller I'd keep the box as I assumed the damage had happened in transit and i'd be happy to return the item as it obviously wasn't what was described.
The seller demanded i take close up pictures of the serial and proved the defective pictures I sent him of were the same laptop. Apple serial numbers are tiny on macbook pros and so i tried to take more pics to please him and he still refused saying he wanted further pictures.
I then decided to contact Amazon who opened a 'A-Z' case. In the end they told me to return the item for a refund. I sent the laptop back to the seller 'cash cats' via UPS which cost me £10. But today I've received a letter from UPS stating the item is coming back to me.
I've contacted UPS and they say the seller has refused the item. I therefore have contacted Amazon and explained this and their representitive said that they can't help as a refund hasn't been done and a signature must be on the tracking and as it doesn't a return hasn't been done and there is nothing amazon can do!
I've contacted my bank and they say that its not fraudulent as I authorised the transaction and they can only file a chargeback after 30 days from the original transaction.
I'm pretty annonyed and £500 out of pocket + postage costs. What would you do and what are my rights?

wealdroam

Did you pay by credit card or debit card?

soolin

Hmm, I thought the UK regulations were that you merely had to show attempted delivery with the seller on an item for a refund- that's certainly how it works on ebay. Have you tried looking through the Amazon help pages to see what they say about buyer protection and returns?

bris

soolin wrote: »

Hmm, I thought the UK regulations were that you merely had to show attempted delivery with the seller on an item for a refund- that's certainly how it works on ebay. Have you tried looking through the Amazon help pages to see what they say about buyer protection and returns?

Nothing to do with UK regulations, Ebay have their own policy which covers this.


I don't know Amazons policy on this however I suspect they want to see actual proof of delivery.


The UK regulations simply make this a civil matter that would need to be settled in court. The judge hearing the case would however have no reason to not accept a delivery attempt was made.


That in itself wouldn't win the case of course the other evidence would be needed and a valid defence would be heard before a decision.

Grumpyfeet

Well I sent the item back to the seller via UPS tracked show it shows everything. I paid via debit card but HSBC said they could file a visa debit chargeback but if the seller and amazon argue it I will not receive the money back, they also tell me I have to wait 30 days from the transaction date+ refund time, which they state is roughly 2-3 months from now. HSBC said also the seller could say as he returned the item to me and refused delivery that technically I still have the item and so am not entitled to a refund.
It seems to me that the seller has done this on purpose and am left stuck.

Grumpyfeet

No help?

Tyler_Du

Letter before action

jb66

Seems as much as I hate ebay they are way ahead when it comes to protection

Grumpyfeet

letter before action? what if they reject that too?

wealdroam

Grumpyfeet wrote: »

letter before action? what if they reject that too?

Well after that comes court. By sending an LBA you are effectively threatening them with court action if they don't respond appropriately.

Please don't ask what if that fails... think positive.

pinkshoes

Post two copies of a letter before action from two different post offices, getting proof of postage. Do not send tracked. This is enough as proof of notice served.

State all the facts in the letter, ask the seller to arrange collection of the item as you have already tried to return it, and give him 14 days from receipt of letter to refund in full and collect, otherwise you will take him to court.