Who enforces the law?

gatherallthethings

I bought goods online but was delivered a second-hand knock off. I messaged the seller and they assured me that "it wasn't their policy to sell second-hand" (er, ok!?) and they asked for more details.

[Edit: This is from Amazon Marketplace from a UK registered company, delivering to the UK, and paying by credit card.]

I sent them details and also asked for a refund. They didn't explicitly refuse, but said this was "most unusual", and that they'll have to take this up with the manufacturer. Do what you like guys, but the bottom line is I asked for a refund and they didn't say yes.

So who actually enforces consumer rights law? Do I call the police next!? I know what my rights are, but I have no idea what to actually do when they are violated. I always assumed that, once you start talking about the law, companies would give up being difficult and start cooperating!

esuhl

That's what the law courts are for. You'd need to allow the vendor time to resolve the issue and send a "letter before action", and if the matter is still outstanding you can sue them.

pinkshoes

Some more details would be helpful. Did you buy from a UK company? How did you pay.

You first need to reject the goods as not fit for purpose and ask for them to be collected by the vendor. Request either a replacement or a full refund.

If they refuse, then it will depend on whether it was a UK company and how you paid.

Gavin83

gatherallthethings wrote: »

Do I call the police next!?

No. It's not a criminal offence, it's a civil one.

gatherallthethings wrote: »

I always assumed that, once you start talking about the law, companies would give up being difficult and start cooperating!

Not necessarily, you have to be right. There are a lot of people who come on here who think they 'know the law' but are often wrong. Out of curiosity how do you know the item was used?

Anyway you have to allow them some time to investigate. If they take too long (at a minimum you should give them 30 days) or refuse your next step would be to send a letter before action. If that doesn't change their stance you'd then have to take them to court and present your evidence to a judge who will rule who's right.

They haven't yet said they won't refund you so just give them a little time and see what they say.

gatherallthethings

Thanks everyone for the replies!!

I bought using Amazon Marketplace, from a UK resigetered company (I checked with Companies House), making the payment to Amazon with a credit card. The item was £80 and had been repacked (no original packing, although original manual was included.)

The case is plastic and is scuffed and dented. It looks kind of like it's been dropped and then dragged along concrete. It's really disappointing there's something quite emotional about having other people damage your stuff.

As a point of order, I don't actually know that this company was the one who damaged the goods and/or repacked them. Maybe postie did it? Not that it makes any difference regarding my rights under the law, but I can see why they push back on me that it's not their policy etc. when maybe it wasn't actually them that did all the damage? Or maybe they have a rogue in their warehouse that messed it up?

Regardless, a good company would just accept that I'm telling the truth and go through the return-and-refund process. This is not a good company. I wish I'd read their reviews before buying

LadyDee

Have to tried using the Amazon return/refund process? Click on the returns button in your Orders and just follow directions.

gatherallthethings

Hi LadyDee; I think I'll try Amazon's process at some point, but I have a nasty feeling that in these cases they operate as market makers and payment brokers only, and my sales contract and subsequent statutory rights have nothing to do with them, and are only with the company I bought from!

spadoosh

It would be a very naive company taking the word of the person who was about to call the police on them for wanting to investigate their claims of receiving second hand goods.

gatherallthethings

Hey spadoosh, when it comes to distance selling, you are right neither party can really know whether the other party is genuine. It can't just be a deadlock though -- someone has to be given the benefit of the doubt and we're lucky in the UK that it's the customer.

Regarding the police, if you or anyone has been the victim of fraud, it is worth reporting to the police if only to help them keep statistics on where crime may be occurring. Sure, if someone sends me a bag of crisps when I ordered a stack of PostIts and I never see restitution, it's unlikely walking into my local cop shop is going to get more than a few laughs. But modern police work is heavily reliant on statistics and programmes like Police UK Action Fraud, and UK Finance exist for a reason! Thanks!

Pennywise

gatherallthethings wrote: »

Hi LadyDee; I think I'll try Amazon's process at some point, but I have a nasty feeling that in these cases they operate as market makers and payment brokers only, and my sales contract and subsequent statutory rights have nothing to do with them, and are only with the company I bought from!

Whenever anything like this happens, I go through the Amazon return process as the first step. I never go directly to the supplier outside Amazon. You need the "audit trail" through amazon as proof of your communications. I've always found Amazon to be very helpful. I'd suggest you intigate the Amazon return procedure straight away and stop dealing directly with the supplier. You have the usual Amazon rights to replace/return, so just start the process.

theonlywayisup

Pennywise wrote: »

Whenever anything like this happens, I go through the Amazon return process as the first step. I never go directly to the supplier outside Amazon. You need the "audit trail" through amazon as proof of your communications. I've always found Amazon to be very helpful. I'd suggest you intigate the Amazon return procedure straight away and stop dealing directly with the supplier. You have the usual Amazon rights to replace/return, so just start the process.

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