Amazon refusing to refund on a phone that wasn't in a parcel

JIS66

Hi,  I'm new to the forums but have joined to get people's opinions and to find out if they've had similar experiences.  My son bought a phone from Amazon last week.  It arrived, the courier was given the security code and my son was given the parcel.  The parcel was in one of the Amazon cardboard envelopes that had not, as far as we could see, been tampered with.  When my son opened the envelope and took out the phone box, he turned it over and the seals had already been broken and inside were the instructions and a cable but no phone!  My son has been back and forward to Amazon and the long and short of it is they are saying that as far as they are concerned, there was a phone in the parcel and so they are not going to refund my son his £900!  Any help in this matter would be greatly appreciated as they have basically in a round about way accused him of lying and of stealing the phone.  As a side note, he did report it to the police and got a crime reference and he has quoted the Consumer Rights Act to them, all without success.  Thank you. 

[Deleted User]

Hi,

was there any weight information on the parcel that would give an idea of contents?

Mark_d

My understanding is that Amazon weigh the parcels that are being sent.   It sounds like the parcel you received would weigh less than what Amazon dispatched.

You inspected the parcel when it was delivered and there were no signs of tampering, hence you gave the courier the security code.

The process of using the security code is to ensure that high value items do not go missing between dispatch from the warehouse and receipt by the customer.  Would you have given the courier the code if he handed over a parcel containing just some instruction and a cable but missing the high value item?

DullGreyGuy

If you search on here you will find hundreds of similar cases, unfortunately all high value items, all from first time posters, and 99% of them never return to provide an update or final outcome. A few respond to a couple of posts but then disappear just like their product. 

Ultimately its Amazon's responsibility if your son didn't receive what he bought but its a struggle to argue it and may result in litigation being required at which point the judge will decide what most likely happened. 

JIS66

@Mark_d Thank you for your comment - you have to give the security code first before the courier will hand over the parcel and so there is no way to check it before then. 

JIS66

@DullGreyGuy - Thank you for comment.  I'll keep the forum updated.  

JIS66

@frugalmacdugal - Thank you for the suggestion.  I'll get my son to look when he gets home. 

jenniewb

Not sure if it helps but I'd contact the Police and get it reported as a theft. By Amazon for not sending what was described or fraud by deception if they are claiming what should have arrived. 

On the box you have an IMEI number, make sure you include that in your report, it may help and they may be able to block the phone via the IMEI number- I don't know that for sure but I'd be trying to do that if it is possible, the handset should be yours and that IMEI number responds to the phone that should have been sent (your son's property).

I'd then write to Amazon (email but make sure it's in written form) and inform them of what you have done and that the handset is now deemed stolen property.

 I would then contact wherever your son paid for, with that crime number (eg credit card, debit account...etc) and explain and see if they can do a charge-back. If they want to investigate you have both the crime number and the IMEI number, they may be able to do more of an investigation and locate the phone (again I don't know if they can but I'd imagine it would help your case if you have those details. Effectively it is a scam and I would describe it to your bank as a scam and fraud. I don't know if they will be able to refund the costs but that's where I'd be looking for should Amazon not take your son's situation more seriously. 

I'm not an expert on scams or the legalities of things but I have been scammed before online (different situation but similar but not with Amazon). Sadly for me I got myself together too late to claim a charge back but my bank (I'd paid with a debit card) was trying to help me before we worked out the date was about 2 weeks outside of their allowance period. 

JIS66

@jenniewb Thank you for your suggestions.  At this stage we're trying everything we can to get my son's money back from Amazon!! 

pushpull

jenniewb said:

Not sure if it helps but I'd contact the Police and get it reported as a theft. By Amazon for not sending what was described or fraud by deception if they are claiming what should have arrived. 

On the box you have an IMEI number, make sure you include that in your report, it may help and they may be able to block the phone via the IMEI number- I don't know that for sure but I'd be trying to do that if it is possible, the handset should be yours and that IMEI number responds to the phone that should have been sent (your son's property).

I'd then write to Amazon (email but make sure it's in written form) and inform them of what you have done and that the handset is now deemed stolen property.

 I would then contact wherever your son paid for, with that crime number (eg credit card, debit account...etc) and explain and see if they can do a charge-back. If they want to investigate you have both the crime number and the IMEI number, they may be able to do more of an investigation and locate the phone (again I don't know if they can but I'd imagine it would help your case if you have those details. Effectively it is a scam and I would describe it to your bank as a scam and fraud. I don't know if they will be able to refund the costs but that's where I'd be looking for should Amazon not take your son's situation more seriously. 

I'm not an expert on scams or the legalities of things but I have been scammed before online (different situation but similar but not with Amazon). Sadly for me I got myself together too late to claim a charge back but my bank (I'd paid with a debit card) was trying to help me before we worked out the date was about 2 weeks outside of their allowance period. 

The Police will not be interested. The phone was stolen from Amazon, not the recipient, so it would be up to Amazon to report it to the Police.

As far as a chargeback goes, if Amazon defend it, they will win. They have proof of delivery which is all that is needed to defend a chargeback claim for non-delivery, the only chargeback reason that could possibly be used here. They may also end up losing their Amazon account in the process too.

It's not a "scam" or "fraud" by Amazon either, it will either be a case of a customer returning an empty box and someone not bothering to check it or an employee trousering it and putting the box back on the shelf.

JIS66

Thank you for all your help.  My son finally got a full refund and a very lack lustre apology after he sent a registered letter to Amazon HQ in London as he got no joy through customer services.  He addressed it to the CEO.  This finally did the trick.