Help please court action Amazon market place

hunggaur

Hi I hope someone can help me.

I purchased an item from Amazon which caused £5000 of damage to my roof. It was sold by Amazon via there marketplace. The company who supplied the item are based in Northern Ireland.

I have tried to take legal action via money claim online against the company who made it but it won't let me as they are not based in england or Wales.

can I issue legal proceedings against the company via the English county court system as the item was delivered to england and paid for in England.

Is it possible to sue Amazon who took the payment as I was not aware that I was buying from a company not covered by English law.

Also the Amazon website did not state that the product they were selling/supplying could cause the damage.

Help please

Many thanks Jon

Stevie_Palimo

hunggaur wrote: »

Hi I hope someone can help me.

I purchased an item from Amazon which caused £5000 of damage to my roof. It was sold by Amazon via there marketplace. The company who supplied the item are based in Northern Ireland.

I have tried to take legal action via money claim online against the company who made it but it won't let me as they are not based in england or Wales.

can I issue legal proceedings against the company via the English county court system as the item was delivered to england and paid for in England.


As far as I am aware you can issue proceedings against a Company based in Northern Ireland as it still falls under the UK and the case can be heard in the mainland.

Is it possible to sue Amazon who took the payment as I was not aware that I was buying from a company not covered by English law.


I very much doubt this as they will have every legal angle covered 100% and you will struggle against the very deep pockets they have here.

Also the Amazon website did not state that the product they were selling/supplying could cause the damage.



You say they do not say it can cause damage, What is the item and is there instructions for fitting correctly ? , If so did you follow them to the letter as this may be a prove it case but as far as Amazon are concerned they will hardly list at the bottom of an item this may cause £5000.00 of damage to a roof.

Help please

Many thanks Jon

Answers in bold above.

vuvuzela

hunggaur wrote: »

Hi I hope someone can help me.

I purchased an item from Amazon which caused £5000 of damage to my roof. It was sold by Amazon via there marketplace. The company who supplied the item are based in Northern Ireland.

I have tried to take legal action via money claim online against the company who made it but it won't let me as they are not based in england or Wales.

can I issue legal proceedings against the company via the English county court system as the item was delivered to england and paid for in England.

Is it possible to sue Amazon who took the payment as I was not aware that I was buying from a company not covered by English law.

Also the Amazon website did not state that the product they were selling/supplying could cause the damage.

Help please

Many thanks Jon

What item was it ?
What marketplace seller was it ?
Who fitted the item to the roof ?
What sort of damage ?

As for sueing the vendor (ie not Amazon), you'd need to speak to your local court, ie not online, and get forms to take them to court on an 'out of jurisdiction' basis. See http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b for details.

Is it possible to sue Amazon ? No. Well, strictly speaking I guess you could, but you wouldn't win and you'd waste money doing so.

Why would they state it could cause damage ? Well I suppose this depends on the actual product - for example should they have to put a disclaimer on all stiletto heels saying that they are unstable and you could fall when wearing them ?

bod1467

As per above, MCOL (Money Claim Online) only applies for defendants in England and Wales. You'd need to file an "Out of Jurisdiction" claim or use the NI courts.