Money being held hostage - section 75?

Kiae

Hi,

Im looking for more opinions here and if anyone has been in a similar situation, im thinking section 75 is the way to go but just want to see what everyone else thinks 

I bought a computer off amazon about 40 days ago and its through a 3rd party seller. I received the item and it was faulty and reported this within 72 hours. I was given a return label and a post office generation label QR code to scan to be sent back. The computer cost £1500.

I sent the laptop back approx. 30 days ago, and have not yet received a refund. Apparently royal mail made a mistake and sent the item to the wrong place, and it has not yet been returned to me. I have been told by the 3rd party seller that they will NOT issue a refund to me until they receive the item. I have contacted the royal mail and they have said that they need a claim submitted but only the person paying for the postage can put this claim in, in this instance it would be the 3rd party seller. 

I have went back to the 3rd party seller and have told them that they need to submit a claim through the post office but they are refusing to do this and keep on replying to me with a generic "we need to receive the item before issuing a refund" this went back and forth until the seller told me that they've contacted the royal mail and they have said they are returning the item to me, so I contacted royal mail and they confirmed that they are definitely not returning the item. The seller then said "we contacted the computer manufacturer and they have said the computer has been in use every day under your name". So I immediately called them and guess what? The computer manufacturer told me that they dont even get the information about how often a computer is used, so they are clearly lying.

I have contacted amazon and they have also rejected my claims saying that since the company hasnt received the computer they are unable to help until they have.

Im now stuck in some weird limbo where I cant submit a claim through the Royal mail as i dont have the authority and the seller are refusing to do so. Has anyone else had a similar situation and recommend something to do?

Sorry for the long winded post

I paid through credit card so section 75 is looking like my only option 

Thanks 

born_again

Kiae said:

Hi,

Im looking for more opinions here and if anyone has been in a similar situation, im thinking section 75 is the way to go but just want to see what everyone else thinks 

I bought a computer off amazon about 40 days ago and its through a 3rd party seller. I received the item and it was faulty and reported this within 72 hours. I was given a return label and a post office generation label QR code to scan to be sent back. The computer cost £1500.

I sent the laptop back approx. 30 days ago, and have not yet received a refund. Apparently royal mail made a mistake and sent the item to the wrong place, and it has not yet been returned to me. I have been told by the 3rd party seller that they will NOT issue a refund to me until they receive the item. I have contacted the royal mail and they have said that they need a claim submitted but only the person paying for the postage can put this claim in, in this instance it would be the 3rd party seller. 

I have went back to the 3rd party seller and have told them that they need to submit a claim through the post office but they are refusing to do this and keep on replying to me with a generic "we need to receive the item before issuing a refund" this went back and forth until the seller told me that they've contacted the royal mail and they have said they are returning the item to me, so I contacted royal mail and they confirmed that they are definitely not returning the item. The seller then said "we contacted the computer manufacturer and they have said the computer has been in use every day under your name". So I immediately called them and guess what? The computer manufacturer told me that they dont even get the information about how often a computer is used, so they are clearly lying.

I have contacted amazon and they have also rejected my claims saying that since the company hasnt received the computer they are unable to help until they have.

Im now stuck in some weird limbo where I cant submit a claim through the Royal mail as i dont have the authority and the seller are refusing to do so. Has anyone else had a similar situation and recommend something to do?

Sorry for the long winded post

I paid through credit card so section 75 is looking like my only option 

Thanks 

Sadly, No Section 75 in this case as you used a amazon marketplace seller & Amazon take the money & pass it on.
No debtor to creditor link.

No chargeback either as you need to prove retailer has received item back.

Kiae

born_again said:

Sadly, No Section 75 in this case as you used a amazon marketplace seller & Amazon take the money & pass it on.

No debtor to creditor link.

No chargeback either as you need to prove retailer has received item back.

Thank you for the quick reply. Apologies there is something that I should have mentioned in my main post, I have confirmation through the royal mail tracking that the item was "DELIVERED" one day after I posted it. It shows that it was sent from my local postage, using the correct tracking label, post code etc that the company supplied me with. So I do have proof that I sent the item and it was successfully delivered. Does this change the narrative?

Jenni_D

I'm not 100% that @born_again is correct in this instance ... Amazon Marketplace is no different really to eBay in respect of 3rd party sellers, thus the chain isn't broken. (Paying by CC via Paypal would break the chain). Raise a claim anyway - the worst that happens is that the CC company agree with @born_again's position.

Your fall-back position is always to sue the seller. Your position in terms of consumer rights is that as the seller paid for the postage then your liability ended once the goods were in the postal system - as you have evidence of this (yes?) then it should be a slam-dunk.

Kiae

Your fall-back position is always to sue the seller. Your position in terms of consumer rights is that as the seller paid for the postage then your liability ended once the goods were in the postal system - as you have evidence of this (yes?) then it should be a slam-dunk.

Correct, I have evidence that the item was 'successfully' delivered once I put it in the royal mail, the seller is arguing it went to the wrong place. They paid the postage, not me. I dont mind owning up when I've made a mistake but I fail to see how it is my problem that it wasn't delivered correctly. Honestly it wouldn't put it past me that they're lying about not having received it 

sheramber

If they know it was delivered to the wrong place they must know where it is so  can get it.

Westin

Do you know, or does the tracking show, where it was delivered to?

Kiae

sheramber said:

If they know it was delivered to the wrong place they must know where it is so  can get it.

I totally agree. This is where the main problem occurs, royal mail require the sender, /explained as 'who paid the postage' and confirmed its the seller, not me/ to submit a claim for the items to find out whats went wrong and to have the item recovered and/or claim any fees back, but they're refusing to do so

Sandtree

Jenni_D said:

I'm not 100% that @born_again is correct in this instance ... Amazon Marketplace is no different really to eBay in respect of 3rd party sellers, thus the chain isn't broken. (Paying by CC via Paypal would break the chain). Raise a claim anyway - the worst that happens is that the CC company agree with @born_again's position.

https://www.financial-ombudsman.org.uk/files/200666/DRN8371720.pdf

Unfortunately the ombudsman doesn't agree with you. You are buying from the third party but paying Amazon and hence the D=C=S chain is broken

eddddy

Kiae said:

I have contacted amazon and they have also rejected my claims saying that since the company hasnt received the computer they are unable to help until they have.

Kiae said:

I have confirmation through the royal mail tracking that the item was "DELIVERED" one day after I posted it. It shows that it was sent from my local postage, using the correct tracking label, post code etc that the company supplied me with. So I do have proof that I sent the item and it was successfully delivered. 

So why are Amazon saying the company hasn't received the computer?

You have 'proof' from Royal Mail that the company has received the computer.

Who has told Amazon that the company hasn't received the computer, and why did Amazon believe them, when Royal Mail say they have received it?

Kiae

Westin said:

Do you know, or does the tracking show, where it was delivered to?

Unfortunately not really, the last place it shows is a depot in London, but it doesn't show as successfully delivered. If it is the case that it has not been successfully delivered by the Royal mail, surely its no longer really my responsibility. If you look at my above reply you'll see that the royal mail are willing to look into this further, however cannot take authority from me since I didnt pay the postage and the company are refusing to contact the royal mail