Amazon & Seller refusing refund on damaged item

neilmcl

Grumpyfeet wrote: »

letter before action? what if they reject that too?

Then comes the action bit, obviously.

arcon5

If they reject the LBA then who cares?! You show the judge a copy of the letter with proof of postage/tracking and it's unlikely they'll penalise you when awarding court fees.

Grumpyfeet

But isn't court going to turn the matter expensive and I have a duty to mitigate my losses right? Would a judge not just say that I should have pursued my bank about it and chased them down and wrote to them? And I guess it'd be a good few months before i get a court date? Well I may have to do that..my bank won't move about the matter! I've tried emailing amazons resolutions team too and no luck

pinkshoes

Grumpyfeet wrote: »

But isn't court going to turn the matter expensive and I have a duty to mitigate my losses right? Would a judge not just say that I should have pursued my bank about it and chased them down and wrote to them? And I guess it'd be a good few months before i get a court date? Well I may have to do that..my bank won't move about the matter! I've tried emailing amazons resolutions team too and no luck

Small claims court. Done online, and very cheap. No legal help required.

arcon5

Grumpyfeet wrote: »

But isn't court going to turn the matter expensive and I have a duty to mitigate my losses right? Would a judge not just say that I should have pursued my bank about it and chased them down and wrote to them? And I guess it'd be a good few months before i get a court date? Well I may have to do that..my bank won't move about the matter! I've tried emailing amazons resolutions team too and no luck

Yes it can take a few months.
And no, going to court won't be seen as mitigating losses. Mitigating losses would be using a £10 courier instead of a £200 courier for example.

keyser666

I would be inclined to send it back again via a different carrier and different box, I think he expected it and refused it. Dont think he will the second time and then you have the signed for

Grumpyfeet

Well my banks now saying the visa debit chargeback team at HSBC can file a claim with VISA, am unsure how to proceed if I let them do this considering I've already paid postage once. Would I be better issuing a warning of chargeback and writing to the seller telling him to arrange collection of the item as i attempted it?

ConsumerGuy0016

Grumpyfeet wrote: »

Well my banks now saying the visa debit chargeback team at HSBC can file a claim with VISA, am unsure how to proceed if I let them do this considering I've already paid postage once. Would I be better issuing a warning of chargeback and writing to the seller telling him to arrange collection of the item as i attempted it?

Why are you acting so hesitant in bringing this claim forward.

HSBC are very good with debit chargebacks. You'll be sent a declaration form that you can attach details about the case to. It'll be much easier and a quicker remedy (HSBC will credit your account immediately with the money) than going through the courts.

Grumpyfeet

I just think legal action is longwinded and months and months..tbh i need the money back asap tbh

wealdroam

Grumpyfeet wrote: »

I just think legal action is longwinded and months and months..tbh i need the money back asap tbh

I think CG16 was just wondering why you don't press on with the chargeback.

But I could be wrong.