Amazon Forcing a police report - police won't do one or give details due to GDPR

Kezzers86

Hello,

I ordered 9 items during the prime sales, I also had an outstanding item awaiting delivery, making 10 in total.

These arrived on the same day in 4 boxes, 2 boxes you can ignore as 1 had a toolbox and the other had 5 litres of wall cleaner and were at capacity. This leaves 8 items between 2 boxes.

This delivery required a code which I provided and the driver handed over 4 boxes.

I opened them all up and noticed 2 items missing. I called Amazon to advise incase they were still on the van, they immediately requested a crime reference number to process a refund, this is because I provided a code.

My argument to them would be I provided a code for a delivery as a bundle of 4 boxes and not receipt of a specific item. The code belonged to a box with multiple items in and most of it was received. 

The police weren't keen as I wasn't a victim, offered to log a call anyway. 

I provided this reference to Amazon and they called the police to verify it. The police (rightly so) won't give any details out due to GDPR/Data protection.

Amazon have said they cannot help further as they cannot verify the police report.

I explained this to the police who provided me with a detailed email explaining the law and why I cannot be provided with a reference number and that Amazon are the victim, giving Amazon the option to call to discuss.

Amazon have refused and said they cannot help me as they cannot verify the police report.

I have pushed and push for action and next steps and each time I have been told they cannot help as they cannot verify the police report. They also said I need to wait Until September the 12th before contacting them.

A quick google shows this is against UK Law and they've also denied doing when approached by a national newspaper on the practice.

I did pay on a credit card but I fear that I will lose access to my amazon account and also I did provide a code to confirm delivery.

My amazon history:

Prime member since 2015
Claims for lost parcels previously - zero
Claims for damaged goods in transit - around 3.
This is across hundreds of orders over 8 years.

I can provide email copies if it will help but I would appreciate if anyone else faced this and how they did. 

I can't challenge this is any way but the £300 lost is significant to myself.

Kezzers86

Here is the response to nearly all my emails from AmazonHello,

Thank you for contacting us.

At this time, we're unable to validate your report with the police department. Please contact us after Saturday, 2 September 2023 and we’ll review our options. Once Tuesday, 12 September 2023 passes, we're no longer able to assist.

Thank you for your understanding.


Did I solve your problem?

Kezzers86

Police advice which went ignored by Amazon who only give the generic 

Thank you for reporting the theft of parcel, police incident reference XXXXX to Nottinghamshire Police. I can see you had also called us on 15/07/2023 as Did Amazon.

 

As per criming standards we will not be issuing you a crime reference number as you are the reporting party only.  Amazon are the victims in these circumstances and should report this to ourselves on XXXXXX This is due to you never taking ownership officially of the parcel. As you describe the items were missing from the delivered package.

 

Please feel free to forward this email Amazon it is not a requirement but would show that you have informed us.

 

1.       Parcel is never delivered, or having been delivered to the address is opened to find it either empty or contains different items. The questions to ask are, could this be a genuine mistake, has the swap of items been done as part of a fraud by the seller, or has the box been opened in transit and items stolen/replaced?  The victim are the sellers. The person who placed the order has never had possession and therefore is not the IP.  Refer the reportee to the seller with an incident number, for them to replace / resend / compensate the customer for undelivered items. Do not record the crime. It is the seller’s responsibility to make enquiries with the courier, not the customer’s.  The seller to conduct their own internal investigation with the courier and at its conclusion, report the appropriate theft  to police as the victim, if they feel a theft has taken place.

2.       If the parcel was delivered and left in a perceived ‘safe place’ as pre-agreed by the customer, and proof confirmed by the delivery firm that the parcel was left in the pre-agreed place, then the customer is the victim of theft should the item subsequently go missing.

3.       If the delivery company leaves the parcel somewhere with no pre-arranged perceived safe place and it goes missing default to 1 above. It remains the seller’s responsibility under the Consumer Rights Act to ensure that the purchase is delivered and to report the theft where appropriate.  

 

 

Amazon usually ask for the following details

 

-        Your incident report to Nottinghamshire Police Reference is XXXXXX

-        Reported by calling Nottinghamshire police. Nottinghamshire Police, Force Head Quarters. This will be the reporting police station.

-        NO crime number has been issued as the crime has not occurred in Nottingham. Amazon will need to report the theft to their local “Precinct/Police Force” You didn’t take ownership of the parcel and therefore CANNOT be the Victim and this is the reason why NO number will be created. The incident report you made relates to you making the formal report to us in the first instance.

-        Online report deal with byXXXXX (myself) whom is the officer dealing. Contact number XXXX

tightauldgit

I've never done the code thing with Amazon - what specifically does it say that you are agreeing to when you enter it? Is it just confirmation that you are the person receiving the order or is it confirmation that you've received what you ordered?

The basic premise of UK consumer law is that it's Amazon's problem until you receive it so if they haven't sent you what you ordered then they are in breach of contract and it's not your responsibility to chase it - that's Amazon's problem. The only doubt I have is if by providing the code the terms say you've confirmed what you received was correct. 

How you get Amazon to acknowledge any responsibility for the issue I don't know - maybe others can advise. The problem you will also face is if you chargeback or take them to court then you might well find your account closed. 

Kezzers86

Hi,

This is from the initial email after my call to them

It's very important to us that our customers receive the products they purchase from Amazon. We appreciate your business and regret that these items haven't been delivered to you. Items that aren't received are inconvenient for you and costly for Amazon.

Based on the outcome of our investigations, we believe the item was delivered to the correct address. In particular we have considered information from our records, as follows which show the item was delivered:

- Information collected at the point of delivery.

- The package weight and reported condition upon delivery. (I've no idea how this bit is checked)

You may wish to contact your local police authorities to pursue this matter further.

Kezzers86

This is from their website

Secure Delivery with a One-Time Password

Due to the value of some items, a one-time password (OTP) is required on delivery for some orders.

An OTP adds an extra layer of security to your packages.

If an OTP is required, we will send a six-digit, numeric OTP to your registered email address on the package delivery day.

You can also find the OTP by selecting Track Package beside the order.

Your OTP is valid until the end of the delivery day.

Read the OTP you have received to the driver, in person and not over phone or intercom.

deannagone

Try using the following amazon address.  They don't use the 'no' scripts amazon general customer services use and I have managed to resolve the odd 'we can't help' problems I've had with Amazon.

escalation-callback@amazon.co.uk 

tightauldgit

It seems that Amazon are going to insist you received what you ordered - that being the case I don't really see what the suggestion of the police is adding to anything. 

What's more important to you? Getting the money back or keeping your Amazon account? 

born_again

Seems yet again police are making it up as they go along. Really surprised they did not simply tell you to report to "Action Fraud"
You are the victim as Amazon have not refunded you. Same with GDPR, they can give the details to them of the report.
As far as Amazon go, as you entered the code & received the number of boxes sent, you received the items. Which is why they need the police report & will check the details of the report to see if you have actually reported what happened.

Good luck in getting it sorted. 👍

tightauldgit

born_again said:

Seems yet again police are making it up as they go along. Really surprised they did not simply tell you to report to "Action Fraud"
You are the victim as Amazon have not refunded you. Same with GDPR, they can give the details to them of the report.
As far as Amazon go, as you entered the code & received the number of boxes sent, you received the items. Which is why they need the police report & will check the details of the report to see if you have actually reported what happened.

Good luck in getting it sorted. 👍

A dispute over whether items were received is a purely civil matter - there's no victim. If they were accusing someone of stealing them then that would be a crime but it would be theft from Amazon and not theft from the recipient since they never received them. So Amazon should raise a case of theft if they want to. That Amazon are refusing to acknowledge that and pushing the responsibility to the buyer by refusing to refund is back again to being a purely civil matter. 

Don't think the police are doing anything wrong - it's simply Amazon insisting they are above the law. 

Amusing that Amazon not only think they don't need to pay tax but that we should be using our public services to sort out their parcel disputes too. 

 

Okell

Kezzers86 said:

...I opened them all up and noticed 2 items missing...

...I did pay on a credit card but I fear that I will lose access to my amazon account ...

...I can't challenge this is any way but the £300 lost is significant to myself.

If either or both of the two items cost at least £100 each, you could try a s75 claim against your card provider.

My understanding from posts* on previous threads is that s75 claims are generally paid by the card provider, and do not necessarily get charged back to the seller (ie Amazon).  

If that is the case you might get your money back and keep your Amazon account.

But you'll still have to persuade your card provider that you didn't receive the goods...


*Perhaps somebody like @born_again could confirm if I'm right?