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

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  • I asked if I was being held responsible, I was told not, but now I am.
  • MorningcoffeeIV
    MorningcoffeeIV Posts: 1,945 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 24 February 2024 at 7:26PM

    ?midger0520 said:


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

    No, because S75 is paid directly by the card company. 

    Are you perhaps thinking of a chargeback? Even then, they won't be explaining much to your card provider, just claiming delivery.
  • Okell
    Okell Posts: 2,643 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Why don't you just report to the police what actually happened?  You don't have to tell them anything untrue, do you?

    If the police still won't oblige then, as you've already gone to the trouble of getting legal advice from a solicitor, why don't you just get your solicitor to write to Amazon explaining the legal position - including their responsibilities - to them?

    What has sitting on "a governement board" got to do with it?

  • ?midger0520 said:


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

    No, because S75 is paid directly by the card company. 

    Are you perhaps thinking of a chargeback? Even then, they won't be explaining much to your card provider, just claiming delivery.
    If the OP has transcripts of them admitting that it wasn't delivered use that as part of the claim
    Let's Be Careful Out There
  • Grumpy_chap
    Grumpy_chap Posts: 18,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    With regard to the theft report, the OP must follow the advice they have taken from their Solicitor.

    Did the Solicitor not give advice on the next steps from a consumer rights perspective?

    Threads about deliveries being left while the individual is out and then gone from the doorstep by the time the individual returns home crop up from time to time in the forums.
    There is usually a photo of the delivery having been made by the delivery service - is there any such photo in this case?
    In the event of higher value items, there is often a code required for the delivery - was the code required in this case?

    I am also confused by the OP saying they went to the front door and saw the van 100 m along the road but, instead of waiting, returned inside, went back to their computer and awaited the doorbell. 
    How long did the OP expect the delivery would take to travel 100 m or so?
    What activity was so urgent that the OP would not have waited at the door for the delivery to be completed?



    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.


  • Grumpy_chap - not that it's really your business, I'm disabled.
  • @Okell - "What has sitting on "a governement board" got to do with it?"

    A lot. Just the merest hint of impropriety and you are asked to resign.
  • @Morning coffee - yes, I was thinking of a chargeback. Thank you for the correction.
  • @Okell - I did explain to the police exactly what happened. That is why the police refused to give me a crime number.
    They say there I have no proof a crime has been committed.
  • @Morning coffee - yes, I was thinking of a chargeback. Thank you for the correction.
    Just to say that Amazon tends to not deal well with chargebacks (even when they are justified, like in this case). They tend to close the account and blacklist names and addresses to prevent someone from opening an account similar to the one you currently have. 

    I personally would ask your solicitor what the next step is. You have legal counsel so you should be using that as they are actually qualified to give legal advice (which this board isn’t) and probably have a better understanding of the situation, and know what questions to ask to get the solution. 
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