Amazon refund dispute

born_again

bris said:

The card company pay the S75 to the customer then claim it back from the company. The card company do not take the hit when there are funds to take from the retailer so anyway it goes Amazon lose out.

The card company give you 45 days to dispute the claim, (45days was a long time ago not sure what it is now) if you lose the merchant deducts it from any future card sales you take. They only take the hit when the Double glazing and pop up car dealers etc go bust and dissapear.

Think, you are thinking of chargeback there. Even on chargebacks if retailer goes bust the funds come from the retailers merchant bank.

S75 is funded by card co's. Hence why they look to get out of them if they can.

pbartlett

Let us know what Citizen's Advice say

the_lunatic_is_in_my_head

pbartlett said:

I believe in law, once you have been offered something for a price and accepted that offer, the property becomes yours. This is doubly so once you have paid. The phone was yours and thus it was stolen from you.

Amazon shipped your property - your phone - to you using their network and someone stole it from you.

Edit: it seems to me that the contract you had with Amazon is essentially two parts - supply and delivery. The supply part is fulfilled - they had a phone, it was in a box, they wanted a price for it, you agreed and paid for it. At that point the phone became yours. The delivery part is not fulfilled - someone stole the phone whilst in transit through their network. They have not upheld the delivery side and you have had a crime against you

Happy to be corrected on all the above!

Passing of risk occurs when the consumer comes in to physical possession of the goods, goods remain at the trader’s risk until this occurs.

DB1904

pbartlett said:

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.

pbartlett said:

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.

There is no fraud if you accept amazon sent out a phone, it's been stolen in transit and theft is a police matter. Oh and for the record actionfraud don't issue crime numbers. 

pbartlett

for the record, they do


When you report a fraud to Action Fraud, you are given a  police crime reference number and your case will be referred on to the National Fraud Intelligence Bureau (NFIB), which is run by the police service.

DB1904

pbartlett said:

for the record, they do


When you report a fraud to Action Fraud, you are given a  police crime reference number and your case will be referred on to the National Fraud Intelligence Bureau (NFIB), which is run by the police service.

You are given an action fraud reference number only respective police forces can create crime numbers. 

So for the record you're wrong again. 

pbartlett

Oh, OK well then maybe if you have time you could contact actionfraud and ask them to amend their website to say that you are not given a police crime reference number

https://www.actionfraud.police.uk/what-we-do-with-your-information

DB1904

pbartlett said:

Oh, OK well then maybe if you have time you could contact actionfraud and ask them to amend their website to say that you are not given a police crime reference number

https://www.actionfraud.police.uk/what-we-do-with-your-information

Maybe you should read your link. 

the_lunatic_is_in_my_head

Technically Amazon are the victim as the goods still belong to them and thus should be reporting the crime. 

wizzywig27

I have a very similar issue. 

I purchased a NVMe SSD last August. Last month it was deemed to be faulty and wouldn’t load Windows. I contacted Amazon who asked me to return it for a refund.

As soon as I posted it they refunded me. Two weeks or so later I got an email asking me to return the item. I checked the return status and it advised it was in transit so I ignored the email. Today they tried to take the full cost from my card (no money in the account) so I contacted them. They advised the box was returned empty!!

I told them I definitely sent it and it was in the box. She said she contacted the team and asked them to investigate and allow them 24hrs, i then get the following email:

Hello,

Hope you are doing well,

We have checked your returned order details XXXX. 

Our return team confirms that they receive empty box under this return. Our team is investigating this matter. 

We request you to send the item back to avoid charge back and contact us after 3 days.

No idea why they are saying they are investigating then asking me to return it to avoid a charge back?! Surely it’s me who initiated a chargeback and not them?

sorry to hijack the thread but I will keep you updated regarding mine