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Expensive phone discarded by Amazon Returns

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  • For everyone out there who thinks I’m trying to rip someone off - they refuse to provide me a serial number for the one they should have received so I have no way of knowing which one they should have received I just have to take there word it’s the wrong one?
    Can't you obtain the serial number of the one bought from PC World?  That will confirm whether the one you still have is the Amazon one or the PC World one.
  • Ergates
    Ergates Posts: 3,022 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 November 2021 at 10:08AM
    kaMelo said:
    Ergates said:

    As quoted above, what you have done "is a strange turn of events" and, on the face of it, it's a bit difficult to understand how you could have done it..

    I can easily see how it could happen - an S10+ and an S10 5G are near identical from the outside.  They were both new and fresh out of their boxes (so neither would have tell-tale wear or fingerprints etc.   Without very carefully checking the serial numbers on the backs it would be *very* easy to get them mixed up.
    Exactly the point I made, knowing how easy it would be to get them mixed up and the kind of sums involved, why on earth would anyone not triple check it's the correct one before returning it.

    Ergates said:
    I’ve actually gone through something similar or better yet going through it now and really stuck with my options my wife and I bought Mac book pros one from Amazon and one from pc world about a week apart the new M1 one turns out I couldn’t install windows with it not having an intel processor in it so I contacted Amazon and asked if I can return it and order an intel variant they said yes so I did a few weeks later I got an email from them saying the one I returned wasn’t bought from them and they are discarding the incorrectly returned item bare in mind my Amazon order had no serial number for the laptop and the invoice from pc world didnt either both laptops were 13” space grey I’ve chased and chased to find out why they would discard it and apparently they aren’t liable for any damages for throwing away my item just keep saying if I return the correct one they will happily refund me 
    Yeah, right.

    So they just threw a grand plus item in the bin and told you to go swivel?
    I can actually believe a company like amazon would do that.   They'll have a policy in place - incorrectly returned goods must be discarded - and it'll be applied totally inflexibly (because their employees aren't allowed to have the slightest bit of autonomy) even when it defies all common sense.  It's the exact kind of result you'd expect when *everything* is about driving efficiency and employees are treated like flesh robots.

    A bit like the case where eBay insisted a buyer destroy a $2500 antique violin because they thought it was counterfeit, and eBay policy says buyers must destroy counterfeit goods before they can get their money back.  The fact that it was still clearly a valuable antique violin and this was a grotesque act of vandalism was irrelevant as the policy was the policy and must be followed.

     
    I'm not 100% sure but I think It's safe to say they don't send out a monitor, in appropriate "ebay" branded high-vis jacket and safety goggles, to watch the destruction process. With that in mind, how exactly do they enforce this policy of "you must destroy the item before you get a refund?"
    In the case of the violin, they asked for pictures of it having been destroyed - smashed up bits of wood.  Then just to rub salt into the wound - sent them to the seller of the violin (who was left with no money and no violin)
  • Ergates
    Ergates Posts: 3,022 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ergates said:
    I’ve actually gone through something similar or better yet going through it now and really stuck with my options my wife and I bought Mac book pros one from Amazon and one from pc world about a week apart the new M1 one turns out I couldn’t install windows with it not having an intel processor in it so I contacted Amazon and asked if I can return it and order an intel variant they said yes so I did a few weeks later I got an email from them saying the one I returned wasn’t bought from them and they are discarding the incorrectly returned item bare in mind my Amazon order had no serial number for the laptop and the invoice from pc world didnt either both laptops were 13” space grey I’ve chased and chased to find out why they would discard it and apparently they aren’t liable for any damages for throwing away my item just keep saying if I return the correct one they will happily refund me 
    Yeah, right.

    So they just threw a grand plus item in the bin and told you to go swivel?
    I can actually believe a company like amazon would do that.   They'll have a policy in place - incorrectly returned goods must be discarded - and it'll be applied totally inflexibly (because their employees aren't allowed to have the slightest bit of autonomy) even when it defies all common sense.  It's the exact kind of result you'd expect when *everything* is about driving efficiency and employees are treated like flesh robots.

    A bit like the case where eBay insisted a buyer destroy a $2500 antique violin because they thought it was counterfeit, and eBay policy says buyers must destroy counterfeit goods before they can get their money back.  The fact that it was still clearly a valuable antique violin and this was a grotesque act of vandalism was irrelevant as the policy was the policy and must be followed.
    I can't, it'll put them on the hook for billions (if we believe the newbies on here.)

    Second question, why do they only discard MSE newbie items?  Or do they have a policy for that too?
    That's just a variation of the anthropic principle - they don't only discard MSE newbie items, but having an item discarded by Amazon would be an incentive to create an account to ask what to do.  The majority of posts in the Consumer Rights (and the loans and the banking) forum are created by newbies who have encountered an issue of somewhat and want advice (or sometimes just to rant). 

    Also, The web is full of stories of people accidentally sending the wrong item back to Amazon and them binning it - which isn't that surprising really as it states on their terms and conditions page that this is what they'll do:

    Amazon.co.uk Help: About Our Returns Policies
    Mistaken Returns
    Please ensure you enclose the correct and complete item when making a return. The correct item must be returned to receive a refund.
    If you have accidentally sent the wrong item to Amazon, please contact Customer Service as soon as possible as Amazon does not store mistakenly sent items. Amazon cannot guarantee your item will be found and returned, and no compensation is provided for incorrect items sent to Amazon.
    There is a point where a healthy skepticism become cynicism - not everyone is a liar.
  • Well if you don't mind being banned by Amazon you could sue them for destroying your property - they seem to have rather helpfully sent you two messages confirming that they have done so and have even specified the serial number of the property they have destroyed.  If I recall correctly it'd be the tort of conversion and I don't think it matters if they've actually destroyed it or just "discarded" it so long as they have deprived you of it.

    If I were you I'd try again to speak to a human being at Amazon and point out to them that despite what their T&Cs may say, they do not allow them to break the law by detroying another person's property.  Ask them to check with their lawyers if they don't believe this.

    I've no doubt this will get you nowhere, but I don't see what else you can try.  You can then decide if you want to run the risk of them banning you (and anybody else at your address or who can be linked to you) because you sued them.  You also need to make sure you sue the correct Amazon identity.

    (Sorry - but like other posters I find it difficult to believe that you sent the wrong computer back to the wrong supplier.  If you had two virtually identical products why on earth didn't you make sure you sent the right one back to Amazon?!)



  • For everyone out there who thinks I’m trying to rip someone off - they refuse to provide me a serial number for the one they should have received so I have no way of knowing which one they should have received I just have to take there word it’s the wrong one?
    Can't you obtain the serial number of the one bought from PC World?  That will confirm whether the one you still have is the Amazon one or the PC World one.
    That was my first step got my pc works invoice out to check serial number it’s not on it contacted them and they don’t record them apparently seems strange 
  • Ergates said:
    Ergates said:
    I’ve actually gone through something similar or better yet going through it now and really stuck with my options my wife and I bought Mac book pros one from Amazon and one from pc world about a week apart the new M1 one turns out I couldn’t install windows with it not having an intel processor in it so I contacted Amazon and asked if I can return it and order an intel variant they said yes so I did a few weeks later I got an email from them saying the one I returned wasn’t bought from them and they are discarding the incorrectly returned item bare in mind my Amazon order had no serial number for the laptop and the invoice from pc world didnt either both laptops were 13” space grey I’ve chased and chased to find out why they would discard it and apparently they aren’t liable for any damages for throwing away my item just keep saying if I return the correct one they will happily refund me 
    Yeah, right.

    So they just threw a grand plus item in the bin and told you to go swivel?
    I can actually believe a company like amazon would do that.   They'll have a policy in place - incorrectly returned goods must be discarded - and it'll be applied totally inflexibly (because their employees aren't allowed to have the slightest bit of autonomy) even when it defies all common sense.  It's the exact kind of result you'd expect when *everything* is about driving efficiency and employees are treated like flesh robots.

    A bit like the case where eBay insisted a buyer destroy a $2500 antique violin because they thought it was counterfeit, and eBay policy says buyers must destroy counterfeit goods before they can get their money back.  The fact that it was still clearly a valuable antique violin and this was a grotesque act of vandalism was irrelevant as the policy was the policy and must be followed.
    I can't, it'll put them on the hook for billions (if we believe the newbies on here.)

    Second question, why do they only discard MSE newbie items?  Or do they have a policy for that too?
    That's just a variation of the anthropic principle - they don't only discard MSE newbie items, but having an item discarded by Amazon would be an incentive to create an account to ask what to do.  The majority of posts in the Consumer Rights (and the loans and the banking) forum are created by newbies who have encountered an issue of somewhat and want advice (or sometimes just to rant). 

    Also, The web is full of stories of people accidentally sending the wrong item back to Amazon and them binning it - which isn't that surprising really as it states on their terms and conditions page that this is what they'll do:

    Amazon.co.uk Help: About Our Returns Policies
    Mistaken Returns
    Please ensure you enclose the correct and complete item when making a return. The correct item must be returned to receive a refund.
    If you have accidentally sent the wrong item to Amazon, please contact Customer Service as soon as possible as Amazon does not store mistakenly sent items. Amazon cannot guarantee your item will be found and returned, and no compensation is provided for incorrect items sent to Amazon.
    There is a point where a healthy skepticism become cynicism - not everyone is a liar.
    In all honesty I didn’t read there terms and conditions which I admit in hind sight certainly should have, however am I not mistaken under consumer law they should notify you that you have returned the wrong item and offer you the opportunity to reclaim the item at my expense of transport? 

    Amazon are hiding behind this policy like it voids them of the right to abide consumer law in the UK 

    I received an email at 3 am on the 11th of October saying it was the wrong item they had received I replied to the email at 6 am when I woke up and saw the email asking for the item to be returned to me only for them to tell me it has been discarded. 
  • Well if you don't mind being banned by Amazon you could sue them for destroying your property - they seem to have rather helpfully sent you two messages confirming that they have done so and have even specified the serial number of the property they have destroyed.  If I recall correctly it'd be the tort of conversion and I don't think it matters if they've actually destroyed it or just "discarded" it so long as they have deprived you of it.

    If I were you I'd try again to speak to a human being at Amazon and point out to them that despite what their T&Cs may say, they do not allow them to break the law by detroying another person's property.  Ask them to check with their lawyers if they don't believe this.

    I've no doubt this will get you nowhere, but I don't see what else you can try.  You can then decide if you want to run the risk of them banning you (and anybody else at your address or who can be linked to you) because you sued them.  You also need to make sure you sue the correct Amazon identity.

    (Sorry - but like other posters I find it difficult to believe that you sent the wrong computer back to the wrong supplier.  If you had two virtually identical products why on earth didn't you make sure you sent the right one back to Amazon?!)



    Neither Amazon nor pc world could give me the serial number for the item I bought from them so I had no way to differentiate the two. Honestly there are things I should have taken more care with I don’t dispute that at all. I’d never had a problem with Amazon with anything in the past they’ve always provided a very good service so I had no reason to suspect this - the worst part is without the serial numbers from either supply there is no evidence to suggest I have actually returned the wrong item all they have done is provide me a serial number for the item I sent back which I already had.
  • What was wrong with the one from Amazon again?  Couldn't you distinguish them that way?

    No matter.  If you can't persuade someone at Amazon that their T&Cs do not allow them to destroy or "discard" your property without paying you compensation, then you will have to either (1) sue them - with all that may entail - or (2) write it off as a lesson learned.
  • cx6
    cx6 Posts: 1,176 Forumite
    1,000 Posts Name Dropper
    For me, trying to combine /conflate the two things makes it more difficult to see what is happening.

    In effect:

    1. the OP wants to return an item - Amazon have agreed but have not yet received it - hence no refund.

    2. totally separate to that, the OP has sent an unsolicited item to Amazon (ie the wrong phone) - they have received it and binned it as they have no procedure on their system to deal with unsolicited items received.
  • Ergates said:
    Ergates said:
    I’ve actually gone through something similar or better yet going through it now and really stuck with my options my wife and I bought Mac book pros one from Amazon and one from pc world about a week apart the new M1 one turns out I couldn’t install windows with it not having an intel processor in it so I contacted Amazon and asked if I can return it and order an intel variant they said yes so I did a few weeks later I got an email from them saying the one I returned wasn’t bought from them and they are discarding the incorrectly returned item bare in mind my Amazon order had no serial number for the laptop and the invoice from pc world didnt either both laptops were 13” space grey I’ve chased and chased to find out why they would discard it and apparently they aren’t liable for any damages for throwing away my item just keep saying if I return the correct one they will happily refund me 
    Yeah, right.

    So they just threw a grand plus item in the bin and told you to go swivel?
    I can actually believe a company like amazon would do that.   They'll have a policy in place - incorrectly returned goods must be discarded - and it'll be applied totally inflexibly (because their employees aren't allowed to have the slightest bit of autonomy) even when it defies all common sense.  It's the exact kind of result you'd expect when *everything* is about driving efficiency and employees are treated like flesh robots.

    A bit like the case where eBay insisted a buyer destroy a $2500 antique violin because they thought it was counterfeit, and eBay policy says buyers must destroy counterfeit goods before they can get their money back.  The fact that it was still clearly a valuable antique violin and this was a grotesque act of vandalism was irrelevant as the policy was the policy and must be followed.
    I can't, it'll put them on the hook for billions (if we believe the newbies on here.)

    Second question, why do they only discard MSE newbie items?  Or do they have a policy for that too?
    That's just a variation of the anthropic principle - they don't only discard MSE newbie items, but having an item discarded by Amazon would be an incentive to create an account to ask what to do.  The majority of posts in the Consumer Rights (and the loans and the banking) forum are created by newbies who have encountered an issue of somewhat and want advice (or sometimes just to rant). 

    Also, The web is full of stories of people accidentally sending the wrong item back to Amazon and them binning it - which isn't that surprising really as it states on their terms and conditions page that this is what they'll do:

    Amazon.co.uk Help: About Our Returns Policies
    Mistaken Returns
    Please ensure you enclose the correct and complete item when making a return. The correct item must be returned to receive a refund.
    If you have accidentally sent the wrong item to Amazon, please contact Customer Service as soon as possible as Amazon does not store mistakenly sent items. Amazon cannot guarantee your item will be found and returned, and no compensation is provided for incorrect items sent to Amazon.
    There is a point where a healthy skepticism become cynicism - not everyone is a liar.
    I'm aware of that but there are a hell of a lot of people who post somewhat regularly however the recent theme is for newbies to all have their times pinched or destroyed. You'd think there would be one or two people who aren't new who had this happen to them but no.  There also seems to be a rather odd habit of threads that get "bites" immediately spawning multiple variations over the following days or weeks.  Sounds a bit suspicious, no?

    As far as what Amazon has said, they did not say they will destroy anything they get that's incorrectly sent to them. It's a simple disclaimer so they're not on the hook if something goes missing.  Very different from "Anything you send us that we're not expecting will be destroyed."
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