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Money being held hostage - section 75?

24

Comments

  • Kiae
    Kiae Posts: 18 Forumite
    Second Anniversary 10 Posts Name Dropper
    Sorry im on mobile and quite new to posting, I meant to say that it does show as successfully delivered, not doesnt
  • Kiae
    Kiae Posts: 18 Forumite
    Second Anniversary 10 Posts Name Dropper
    Sandtree said:
    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 

    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
    Hi, thank you for this. Can you weigh in on what the other poster said about not having chargeback rights since I didnt have confirmation about delivery, when I accidently didnt include it in my main post that the tracking said it was delivered? Thanks in advance 
  • Kiae
    Kiae Posts: 18 Forumite
    Second Anniversary 10 Posts Name Dropper
    eddddy said:

    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?


    Hi, unfortunately amazon have not yet confirmed why they are taking the sellers side. I have provided amazon with the tracking code where it is showing as delivered im purely guessing that the seller told amazon something like "it was delivered to the wrong place, and we've spoken to royal mail and they've returned it to the customer" however im purely speculating. If they have said this, its purely false. I have spoken to royal mail who have confirmed they have not sent it back to me.

    I have provided amazon with the tracking reference and they have checked themselves that it has been delivered, but im still in this situation. I know this might be hard to believe but this is completely surreal 
  • born_again
    born_again Posts: 23,075 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Kiae said:
    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?
    If you have proof it was delivered and you have not had a refund after 15 days then contact bank to start chargeback process. There is never any guarantee that you will win, as retailer has chance to contest. But given they provided the return details I fail to see how they could get that wrong.


    Life in the slow lane
  • Kiae
    Kiae Posts: 18 Forumite
    Second Anniversary 10 Posts Name Dropper
    Kiae said:
    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?
    If you have proof it was delivered and you have not had a refund after 15 days then contact bank to start chargeback process. There is never any guarantee that you will win, as retailer has chance to contest. But given they provided the return details I fail to see how they could get that wrong.


    Thank you for this, this is what I was thinking. Apologies for not including such important details in my main post that I do have a royal mail tracking reference for the item showing as delivered. I will start the charge back process with my bank tomorrow
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Kiae said:
    Sandtree said:
    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 

    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
    Hi, thank you for this. Can you weigh in on what the other poster said about not having chargeback rights since I didnt have confirmation about delivery, when I accidently didnt include it in my main post that the tracking said it was delivered? Thanks in advance 
    @born_again has more detailed knowledge of the intricacies of the chargeback process than me so would defer to their knowledge 
  • Kiae - I'm very confused?  In your opening post you say the computer you were returning was delivered by Royal Mail to the wrong address.  Then in later posts you say you have proof of delievery... but you don't seem to specify whether that delivery was to the wrong address.   In fact you seem very amgibuous by what you do mean - eg referring to a "successful" delivery

    Can you clarify what you mean?  Was the computer delivered by Royal Mail to the "wrong" address?  And if it was delivered to the wrong address, is that because your seller supplied a label with the wrong address on it, or is it because RM made a mistake and delivered it to an address other that that on the label?  What actually happened?
  • Kiae
    Kiae Posts: 18 Forumite
    Second Anniversary 10 Posts Name Dropper
    Kiae - I'm very confused?  In your opening post you say the computer you were returning was delivered by Royal Mail to the wrong address.  Then in later posts you say you have proof of delievery... but you don't seem to specify whether that delivery was to the wrong address.   In fact you seem very amgibuous by what you do mean - eg referring to a "successful" delivery

    Can you clarify what you mean?  Was the computer delivered by Royal Mail to the "wrong" address?  And if it was delivered to the wrong address, is that because your seller supplied a label with the wrong address on it, or is it because RM made a mistake and delivered it to an address other that that on the label?  What actually happened?
    Sorry, I appreciate this may not be coming across very clear as it is all quite complicated in my opinion. I will try and clear this up.

    The seller provided me with a paid-for link to create a return label & QR code for the delivery. I took the package to the post office and they scanned the QR code creating the label and have attached it to the package. The post office teller confirmed to me the address on the QR code and it matched what the company provided me with.

    The receipt I was given had the correct address on it, and came with a royal mail tracking number. When entering the tracking code on the royal mail website it says that it is successful delivered, and the delivery address is a London depot. 

    The seller has said this is the wrong address and blamed the royal mail, and I queried this with the post office and they told me "to have this investigated a claim must be made by the seller". I told the seller this, however they are refusing to investigate. So I am unable to take this any further since i cannot make a claim myself with the royal mail. 
  • Kiae
    Kiae Posts: 18 Forumite
    Second Anniversary 10 Posts Name Dropper
    Manxman_in_exile  What actually happened?
    Just to clarify further and answer your question simply. I believe that the royal mail delivered it incorrectly, this is only by taking the sellers word. Royal mail won't investigate it further unless a claim is made by the seller (see above problem). 

    Even if the royal mail delivered it incorrectly, is it not correct that the responsibility has left me and is now for the seller and royal mail to dispute? I no longer have the item and can take no action to rectify the situation 
  • jweb2k
    jweb2k Posts: 360 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Can anyone smell it too? Seller pays for return label, parcel sent, then magically knows it's been delivered to the wrong place (locally, I assume), and then asks Royal Mail to send the parcel through the delivery network back to the buyer, rather than just pick it up / knock a door?

    I think it sounds like they've got an excellent scam going on. 
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