Amazon refund dispute

Basjoe
Basjoe Posts: 21 Forumite
Tenth Anniversary 10 Posts Combo Breaker
edited 21 July 2021 at 5:42PM in Consumer rights
On the 6th July I ordered a Google Pixel 4a mobile phone from "Amazon Warehouse- Fulfilled by Amazon" Used Like New for £285.01. A package was delivered on 7th July at about 14:00. The parcel contained the Google Pixel 4a presentation box. Within the box was a charger, a manual, a lead, a pin for the SIM, but NO PHONE. I looked all through the packing and packaging. No Phone. Stunning.

I immediately went to the Amazon website and (mindful of Covid-related telephone staffing problems all companies are facing at the moment) invoked Chat. The Amazon correspondent passed me on to an Account Specialist. He asked me to check all the packaging again, which I did. No phone. I asked him for advice. He said that he would send me a Returns label by email, which I duly received. He said I would receive a refund within 7 days. I returned everything to Amazon the same day using the label.

Of course, I still wanted a phone. So I ordered a Google Pixel 4a mobile phone (New) from Amazon the same day (7th July). This was delivered on the 9th July, and all was fine.

But then I got a strange email from an Account Specialist at Amazon. They said that their Returns department had received the return with a part missing, namely the Phone. I replied with the above details. Then I got another email from the Account Specialist saying that they can confirm that the phone was in the box when the package was dispatched, and that if I wanted to appeal their decision, I would need to reply to the email. So I repeated the above details, and stated that I wanted to appeal the decision. I requested that they go over the Chat record to confirm the details.

Finally I got an email today from the Account Specialist saying that my appeal had been rejected and that their decision was final. I have requested a copy of the Chat dialogue, but nothing has been forthcoming.

My Amazon account is linked to my credit card, so presumably I have Section 75 protection. Is this the way to go ? What method will the credit card company use to resolve it ? (When I say one thing and Amazon say another). Or should I use a different route - Small Claims Court for example. ? I feel a bit intimidated and overwhelmed - nothing like this has ever happened to me before.

Thanks in advance for any authoritative advice.

Basjoe


«1345

Comments

  • Carrot007
    Carrot007 Posts: 4,534 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 21 July 2021 at 2:33PM
    Best advice is never buy amazon warehouse return tech items.

    I am suprised you did not get a phone though, so it does sound like sopmething dodgy has gone on after dispatch. I would not have been suprised if you got the wrong phone though.

    What you can do depends on whether you want banning for life from amazon (as well as anyone they decide to associate with you). Though a chargeback is not going to work unless they ignore it.

    The fact it was sent back as a "return" and not a fault is really not going to help you here. Surely you would have noticed it was wrong and complained before doing anything. Also remember to keep you own logs. Where are the logs from the "return" chat?

    Your best bet is to keep onto them and convince someone. Court would work as they likely would decide it not worth it to appear. However you and anyone associated will be banned for life. If you are a good customer I would have expected a goodwill refund so I assume you are not a regular.
  • pbartlett
    pbartlett Posts: 1,397 Forumite
    1,000 Posts Name Dropper
    For me, the first thing would be to accept that the most likely scenario is that Amazon are right, there was a phone in the box but it was stolen on its way to you.

    That being so, you are the victim of a crime and should contact actionfraud and get a crime reference number.

    Forward this to Amazon and ask them to investigate where in the delivery chain this has happened.

    Ask them to put the handset IMEI on the stolen database.
  • Basjoe
    Basjoe Posts: 21 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 21 July 2021 at 5:43PM
    Thanks for the replies. I'm not sure this scenario is covered by ActionFraud - I couldn't see a matching criterion on their website. But requesting the handset's IMEI is put on the stolen database will be something that I include in my actions once I decide on the way forward, so thanks for that. I must confess I'd never heard of EMEI, so I've learned something there.

    Anyone got any info on the likely (or not) success of Section 75 

    Basjoe
  • pbartlett
    pbartlett Posts: 1,397 Forumite
    1,000 Posts Name Dropper
    edited 21 July 2021 at 4:31PM
    It certainly is covered by actionfraud - theft - with a crime reference number you can go back to Amazon.

    Yes you can open a S75 case but as stated above if the CC company contact Amazon then they (Amazon) are likely to ban you. 

    Only you know if joining the select group of 'banned from Amazon' is a good or bad thing.
  • Basjoe
    Basjoe Posts: 21 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 22 July 2021 at 11:31AM
    Looking into this further, there is some doubt whether Section 75 covers items bought on Amazon Warehouse, as the financial elements are done through an intermediary (Amazon). All looking a bit black at the moment. Perhaps the Financial Ombudsman as a last resort ?

    Basjoe
  • cymruchris
    cymruchris Posts: 5,558 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 21 July 2021 at 6:05PM
    Basjoe said:
    Looking into this further, there is some doubt whether Section 75 covers items bought on Amazon Marketplace, as the financial elements are done through an intermediary (Amazon). All looking a bit black at the moment. Perhaps the Financial Ombudsman as a last resort ?


    Amazon warehouse and amazon marketplace are two different things - you mentioned it came from Amazon warehouse. 

    (By the way you should remove your name from your public posts by editing them accordingly - If that’s you’re real name) 
  • Basjoe
    Basjoe Posts: 21 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Thanks for the tip about real name. Could you edit your post so that my real name is omitted. Thanks.

    Basjoe
  • visidigi
    visidigi Posts: 6,552 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Note that any chargeback/S75 or small court claims could see you barred from Amazon for life.

    I dont see how Amazon can be so sure it was in the box when sent, and if the courier stole it between sending and you getting then they argument is moot.

    Something doesn't add up here. 
  • Basjoe
    Basjoe Posts: 21 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 21 July 2021 at 6:59PM
    Unfortunately I do not have access to Amazon Warehouse's procedures that miraculously determine with 100% certainty that the phone was in the box - I just have to take their word for it. They are obviously also very reliant on the honesty of their couriers, and once again I am not allowed to question this.

    I'm keeping a copy of everything of course. Alas, despite a request, they have not provided a copy of the Chat dialogue. Maybe they don't keep a copy. If so, there is no warning on their website that Chat can't be relied upon for dispute resolution. Or maybe they just can't be bothered to look.

    I have also requested the EMEI number of the missing phone. It is shown on the side of the presentation box, so that should be easy to get. No reply as yet. Once I have that, I should be able to find if the phone is in use somewhere. Maybe even trace its whereabouts. If it is in use, I can have it disabled so that at least the crook will not benefit.

    Basjoe
  • cymruchris
    cymruchris Posts: 5,558 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Basjoe said:
    Unfortunately I do not have access to Amazon Marketplace's procedures that miraculously determine with 100% certainty that the phone was in the box - I just have to take their word for it. They are obviously also very reliant on the honesty of their couriers, and once again I am not allowed to question this.

    It is interesting to note that Amazon (and NOT Amazon Marketplace) are doing all the to and fro of emails, and yet they are financially at arms length.  I'm keeping a copy of everything of course. Alas, despite a request, they have not provided a copy of the Chat dialogue. Maybe they don't keep a copy. If so, there is no warning on their website that Chat can't be relied upon for dispute resolution. Or maybe they just can't be bothered to look.

    I have also requested the EMEI number of the missing phone. It is shown on the side of the presentation box, so that should be easy to get. No reply as yet. Once I have that, I should be able to find if the phone is in use somewhere. Maybe even trace its whereabouts. If it is in use, I can have it disabled so that at least the crook will not benefit.

    Basjoe
    If you bought from Amazon warehouse - you bought from Amazon.

    Amazon marketplace is where third party sellers sell their products using Amazon as a store front.

    Amazon warehouse does not sell Amazon marketplace goods.

    If you bought from Amazon warehouse - marketplace has nothing to do with your issue.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.3K Banking & Borrowing
  • 252.8K Reduce Debt & Boost Income
  • 453.2K Spending & Discounts
  • 243.2K Work, Benefits & Business
  • 597.7K Mortgages, Homes & Bills
  • 176.6K Life & Family
  • 256.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.