Faulty goods purchased fromAmazon

seth14

In November 2016 I purchased a I pod from Amazon using MasterCard unknown to me I purchased it from a seller using the site on its marketplace which apparently if there is a problem with the goods which there was you have no comeback under terms of sec75 consumer protection act as there is no direct contact between your bank and the seller.This apparently also applies to chargeback. The item cost £269.00. I am wondering if any others have encountered this problem as the only way forward apparently is taking the seller to court. Any input is appreciated

[Deleted User]

seth14 wrote: »

In November 2016 I purchased a I pod from Amazon using MasterCard unknown to me I purchased it from a seller using the site on its marketplace

So you didn't purchase from Amazon at all.

How can you say who you purchased from was "unknown"? It clearly states who you bought from prior to purchase.
November 2016 is now over a year ago, so how is the iPad faulty? Are you saying it was an inherent fault which was present at date of purchase? You may indeed have to prove it.

In future, I recommend you purchase from Amazon directly.

unholyangel

Section 75 requires a debtor > creditor > retailer chain. Sometimes third parties can break this (not always) if the third party actually received the payment themselves rather than just acting as a payment processor for the retailer.

For example paypal, if you pay direct by card then they would be acting as no more than a payment processor. However, if you use your paypal account to pay, your bank is essentially paying paypal who then pay the retailer (rather than paying retailer direct) which makes the chain debtor > creditor > paypal > retailer which breaks the necessary chain to establish section 75 liability against the creditor.

So it may be worth raising a complaint with the financial ombudsman as they will look into how the payment was processed but tbh I wouldn't hold out much hope as on face value, it looks like they accept the payment rather than just processing it.

So your other course of redress would be via courts. This would usually require you to prove the fault was inherent. With apple products this can be difficult. People often find that the only people who have the expertise to provide the necessary report is apple and apple tend to tell you if you buy from them, they'd give you a new one but as you didnt, they cant help (although if you did buy from them, they'd want an independent report which sorry, they cant provide).

Have you actually contacted the seller? If not, do so and see what they say. If you have, what did they say?

seth14

THa i pod was faulty from the outset wheel out of alignment ect initially the seller who on Amazon goes by Electronics seller ( at that time i was unaware of his full details but i am now he works out of a unit in Colchester Essex ) was very accommodating however after the 4th time of sending it back which by then was outwit the 60 days offered by Amazon to resolve the issue it was too late.The i pod was just a back up so I downloaded the music which seemed fine then the problems arose after a few times playing it.The seller on one occasion sent it back to me with the back hanging off.and offered to buy it back for £90 obviously to sell it on to some other poor unsuspecting sole.I did have it examined by a reputable dealer who told me it had been made up with at least 3 different i pods and that it was corroded and the ssd card was of cheap Chinese quality and working would only been worth £100 at most. I post this only as a warning to others and to find out if anyone else has came across this situation in the past.

[Deleted User]

seth14 wrote: »

I post this only as a warning to others and to find out if anyone else has came across this situation in the past.

In future, as I said before, I recommend you purchase only from Amazon directly.