Been asked to file a false crime report unless I won't get my refund.

midger0520

14th Feb 2024

Purchased a large electrical item (computer monitor) from Amazon EU S.a.r.L. for next day delivery. Signature is required.

15th Feb

Watched the Amazon delivery on the online tracker. Tracker tells me the van has pulled up about 100m from my house and I’m next stop.
I unlocked the door and looked up the street. A grey van is parked.
I returned to my computer and wait for the doorbell.
Almost immediately I receive an email saying the item has been delivered to the resident.
I immediately go outside, no item, I look at the van, it is pulling away and drives off.
I contact Amazon customer service and am told it is a scanning error. Please wait as the driver will be back.

 

16th Feb

Chat with Amazon, explained no item was delivered.
Amazon ask me to wait until the 18th before asking for a refund.

19th Feb
Late evening (21h30) I contact Amazon (telephone call recorded), explain nothing has materialised, that it is not with any neighbour and I am requesting a refund. Amazon customer service apologise, agree it was not delivered and will investigate.
I ask if I am being held accountable for return of the item. Customer service say I am not accountable for the item.
I again ask for my refund and am told it needs to be escalated and investigated. I explain that is not my concern. We agree item not delivered therefore I am due a full refund.
Customer service ask me to be patient and someone will be in touch in a 48 hours.

Call ends.

22h00 I receive an email saying Amazon has investigated and say the item has been stolen. (an investigation in 15 minutes???)
They say I must file a report with the police saying the item has been stolen from my address, get a crime number and send it to them. They will then issue a refund.

I have spoken to the police and taken advice from a solicitor. The police tell me I cannot have a crime number because to file a report is to make a false representation as the item was not stolen from my address and I would be liable for prosecution for making a false report and for wasting police time. The solicitor agrees with the police advice, has told me to not make any police report.

The solicitor has also told me the item was never in my possession and it is for Amazon or the courier to make a report, if indeed the item is stolen and not simply lost. He also explained Amazon cannot withhold the refund.

I explained this to Amazon. They insist I make a false report to obtain a crime number or I will not get a refund. They also say if I do not do it by mid-April they will close the case.

I approached Action Fraud, they say I should make the false report to the police and give Amazon the crime number so Amazon can progress their process. Action Fraud also tell me my local police are wrong with their advice…

Anyway, what should I do next?

Below is the advice from the solicitor -

If you make a statement to the police claiming that an item was stolen from your address when it was not, you could indeed be breaking the law by making a false statement. In the UK, making a false report to the police can be considered perverting the course of justice or wasting police time, both of which are serious offences. Before making any statements, ensure that what you're reporting is accurate and truthful to avoid any legal repercussions.

 

Generally, if an item was supposed to be delivered to you and required a signature for its delivery, the responsibility for ensuring the item's delivery safely falls to the seller or their chosen delivery service. If no signature was provided because the item was not delivered, you typically would not be liable for the missing item. The contract for the sale of goods or services, under UK consumer law, places the responsibility on the seller to ensure that the goods reach you as described, fit for purpose, and undamaged unless you, the buyer, are responsible for the loss or damage.

 

Under the Consumer Rights Act 2015 in the UK, if you purchased an item online, you have rights to a refund, replacement, or repair if the goods are not as described, not fit for purpose, or not of satisfactory quality. If the item was never received, you are also entitled to a refund. The seller should not withhold your refund on the basis of not providing a crime reference number, especially when the police have indicated that you are not the victim of a crime. The onus is on the seller to prove that the item was delivered and received as agreed. end.

lincroft1710

So that's why it's called "Action Fraud", because that is what they do, they action fraud!


Never, ever report anything to the police which is untrue. 


Send a copy (redacted) of the solicitor's letter to Amazon.

midger0520

Unfortunately Amazon are not speaking to me.
I call, they drop the call. I use chat, I am sent to lots of agents, then the last one says unless I send a crime number they cannot speak with me. End of chat.

born_again

TBH. Given you have had legal advice. That is the route to take. 
No one here can add to that.

Although where have Amazon stated that the item was delivered too? Given a computer will require a code to be provided for delivery. They must have a location, as such you can check with resident & then file report using that address.

midger0520

Amazon asked me to check with my neighbours. I asked if they knew which one, they said they did not know.

The lack of engagement from Amazon makes pursuing this difficult and court action is expensive.

Considering small claims but cannot find an accountable name to write to.

HillStreetBlues

born_again said:

TBH. Given you have had legal advice. That is the route to take. 
No one here can add to that.

Although where have Amazon stated that the item was delivered too? Given a computer will require a code to be provided for delivery. They must have a location, as such you can check with resident & then file report using that address.

The OP has no proof that it was actually stolen, for all thOP knows it could be sitting back at Amazon's warehouse.

HillStreetBlues

midger0520 said:

Amazon asked me to check with my neighbours. I asked if they knew which one, they said they did not know.

The lack of engagement from Amazon makes pursuing this difficult and court action is expensive.

Considering small claims but cannot find an accountable name to write to.

Did you pay via a card?

midger0520

I did use a card, and ultimately a Section 75 is the last resort.

However, that does not address the issue and impact of Amazon holding me responsible for the stolen item. 

Aylesbury_Duck

midger0520 said:

I did use a card, and ultimately a Section 75 is the last resort.

However, that does not address the issue and impact of Amazon holding me responsible for the stolen item. 

What impact?  As I understand it, Amazon has advised you to report it stolen, they're not going to report it stolen themselves.  Assuming a S75 claim is successful, that's the end of the matter, isn't it?  You're rightly not falsely reporting a theft, but Amazon aren't going to do that, either. 

midger0520

The impact of Amazon saying I stole it (I'm a company director and also sit on a government board). 

Possible a S75 would make Amazon explain themselves if they contest it?

Aylesbury_Duck

midger0520 said:

The impact of Amazon saying I stole it (I'm a company director and also sit on a government board). 

Possible a S75 would make Amazon explain themselves if they contest it?

Have they suggested you stole it?  Even if they did, they'd have to present some sort of evidence, and from what you've described, they don't have any.  Assuming their advice to falsely submit a police report is documented, they'd look ridiculous if they ever tried to pin the theft on you.