Amazon want me to contact the police instead of refunding me

savefortherain

I bought a computer monitor. On the day it was supposed to be delivered (a day later than originally stated but that's not important now) I waited in and got an email saying it had been delivered and handed to recipient. Obviously it hadn't so alarm bells started ringing but maybe the courier just scanned the item by accident (or something) and it would turn up later that day. No such joy, checked around the local area and with neighbours and nothing (I was in all day listening too, and heard no vehicles pull up and deliver anything to anyone local).

A few days later, did the automated refund process and it says refunded. Great, I thought, and bought another one from ebuyer. All is forgiven, these things happen etc etc. Checked my bank account a couple of weeks later and no refund in. Had to leave it another couple of weeks as it says it can take a while to be processed.

Just been on the customer service chat and they've sent this email.

Hello,

We’re sorry to hear that you haven’t received your items from order [removed for privacy].

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

Based on our investigation and your statements, it seems that the item has been stolen by a third party / tampered with and we urge you to contact your local police department to report the theft / tampering of the parcel. To assist in obtaining a Crime reference , we recommend that you provide a copy of the email that we will send to you to the police to help explain what has happened. We'll happily cooperate with the police as part of any investigation.

If the issue isn't resolved after contacting local law enforcement and the carrier, please contact us back during the business hours of the related police department with a link to access your Crime reference , or a PDF/Image file of the Crime reference. There are multiple ways to file a Crime reference. Check with your local authorities for ways to file a report. Note that we will not be able to offer support on this delivery after [date removed for privacy]. Please ensure to get a Crime reference and contact back before this time

In order for us to validate your Crime reference , it must be reported in the local jurisdiction (city, county, municipal) in which the package was reported delivered, and include the following:

- The delivery address regarding this incident.

- The items were delivered according to the carrier tracking.

- The report was created for stolen items/theft/larceny/incorrect delivery or similar crime.

- The date the report was created.

- The name of the police department.

Only one Crime reference is needed for all orders that are part of the same shipment. A separate Crime reference is needed for orders delivered in different shipments.

Thank you for your understanding.

They want me to contact an overworked police force and given a relatively short time limit to do so. What are my rights here? I'm fairly sure going into a police station with this will just waste my time and theirs (though the thought of them catching whoever stole my monitor is appealing, I fear it just isn't going to happen). According to a google search, they won't even give a crime reference number if there is no real evidence of a crime.

Checking my account again, it still says "Refunded" which is an outright lie.

To add insult to injury, I got a policy warning email saying they may close my account due to too many refunds. This is the first missing item I have ever done and the only other return were incorrect sized trainers (their fault).

I buy from Amazon because they are supposed to be the best in customer service, I will be re-evaluating that position from now on.

DullGreyGuy

Many people are willing to lie to a shop about something not being delivered when it's sat in their home taking pride of place. For some reason a lot less people are comfortable lying to the police about the same "crime". 

You are saying a crime has happened, it's not unreasonable therefore for them to expect you to report it to the police. No need to go to the station, you can report it on the non-emergency telephone number and some forces you can report it online too. 

As an insurance company we see it fairly often too... their kid has stolen car, jewellery etc and so parent wants to claim off their policy for its loss/damage. If its theft, we need a crime reference number, else it'll be dealt with as taken with consent (which in one case left the parent with a £80,000 bill to pay)

boom

https://www.theguardian.com/money/2023/nov/14/amazon-shows-contempt-for-uk-law-over-parcel-thefts

the_lunatic_is_in_my_head

DullGreyGuy said:

You are saying a crime has happened, it's not unreasonable therefore for them to expect you to report it to the police. 

I was told many years ago by Kent police, on two occasions, I couldn't report a crime because I wasn't a victim. On the second occasion I made myself a victim but their answer was to claw the money back via the payment provider and then they'd be the victim rather than myself.

Based on that as risk passes upon physical possession and it is Amazon who is the victim should it not be them reporting the matter to the police if they feel they've suffered an act of theft? 

Of course none of that helps the OP who will find life easier to do asked.  

Okell

@savefortherain -  the law doesn't say you need to do what Amazon are asking for, but you might find it quicker, more convenient and less stressful if you do.

s29 of the Consumer Rights Act 2015 (legislation.gov.uk) basically says that the delivery is Amazon's responsibility up to the point it is delivered either into your physical possession or that of another person you have identified to them.

So if, for example, Amazon or their courier leave the delivery unattended on your doorstep (or somebody else's doorstep) or anywhere that isn't in your physical possession and it gets nicked, its Amazon's problem not yours.  You have two difficulties here.  First persuading Amazon that it's their responsibility.  Second persuading them you haven't got it.

Try to get a police crime reference for it.  After all - you are alleging that somebody has stolen it - yeah?  that's what they're there for.

If you still get no joy from Amazon you might be able to do a s75 claim if you paid by credit card.  I was also going to suggest a chargeback, but if Amazon have any evidence at all of delivery (even to the wrong address!) a chargeback will likely fail.

If nothing works you will have to consider suing amazon if it's worthwhile doing so.  Myth has it that if you do sue them they will permanently close your account - but you sound close to that already...

Aylesbury_Duck

I agree with the above, this is Amazon's problem to solve as far as consumer rights are concerned, because the item hasn't arrived in your possession.  The trouble is, Amazon's evidence suggests it did.  However, I also agree with the advice above that it's almost certainly going to be easier for you to do as Amazon has asked.  Firstly, it will make the process of getting a refund more straightforward, whether that's from Amazon or whether through a chargeback via your card company, because you've got evidence of having reported the incident, which is unlikely if you're the perpetrator.  Secondly, it's more likely to preserve your Amazon account, but that may not be important to you any more.

DullGreyGuy

the_lunatic_is_in_my_head said:

DullGreyGuy said:

You are saying a crime has happened, it's not unreasonable therefore for them to expect you to report it to the police. 

I was told many years ago by Kent police, on two occasions, I couldn't report a crime because I wasn't a victim. On the second occasion I made myself a victim but their answer was to claw the money back via the payment provider and then they'd be the victim rather than myself.

Based on that as risk passes upon physical possession and it is Amazon who is the victim should it not be them reporting the matter to the police if they feel they've suffered an act of theft? 

Of course none of that helps the OP who will find life easier to do asked.  

I was also told by Kent police that unless you see someone steel something then its not theft but lost property refusing to give me a crime reference number for a laptop case that was taken from under a table in a restaurant at lunchtime. 

There was little of material value there but there were strategy papers that potentially could have had value to some people. It caused me a nightmare at work because they said they'd follow the police's decision and losing sensitive business docs has a very different impact to having them stolen. 

Was a few years later when talking to a senior officer on another matter that the story came up and he said it was totally wrong and of cause it was stolen not lost. A complaint was opened, the officer reprimanded and some compensation paid which was diverted to charity. 

If your theory is correct... how do we get any murder crimes reported if only victims can report it?

Hoenir

Only be reporting it as a crime i.e. theft. Can Amazon directly challenge the delivery driver concerned and one suspects take decisive action.  Employment law being what it is these days. People unfortunately do lie and steal. Whether they are customers, unscrupulous packers or delivery drivers.

Okell

Write a ten word sentence which includes the following words:

      teapot...  police...  chocolate...

Grumpy_chap

Okell said:

Write a ten word sentence which includes the following words:

      teapot...  police...  chocolate...

Reported crime; Police gave comforting cuppa (proper teapot) and chocolate.

There you go.
Just like Dixon of Dock Green

the_lunatic_is_in_my_head

DullGreyGuy said:

If your theory is correct... how do we get any murder crimes reported if only victims can report it?

Well that's I wondered, I asked them if saw someone else get mugged in the street I can't report it, didn't really get an answer.

Obviously limited experience, it was just interesting to see how hard it was to report an actual crime whilst you see these threads about reporting such issues to the police and really the odds of anyone being convicted over a missing parcel are incredibly slim.