Small Claims - Amazon

ShaunJUK

I need help with taking Amazon through small claims please.

I bought a phone which developed a fault and dangerously overheated. CS advised refund was processed and to "get rid of" the phone.

They now say it should be returned and that is what they meant by "get rid of" and the agent didn't mean the refund was processed therefore as the computer won't allow a refund unless it is returned there is nothing they can do.

I have the email advising to get rid of the phone and in chats they admit they were wrong and the agent will be spoken to but say there is nothing they can do. They also say that the email does mention return further down. I explained I expected I was told to get rid of the phone as it was dangerous and Royal Mail wouldn't accept it in the post anyway.

I bought the phone on a Credit Card however it outside the 120 days to make a claim.

Thanks in advance 

born_again

How old is the phone?

The Royal Mail you can send your mobile phone or tablet as long as the battery is contained within or sent with the phone or tablet itself and is well packaged.

So not sure where you can't send it via them from?

https://personal.help.royalmail.com/app/answers/detail/a_id/96/~/prohibited-and-restricted-items---advice-for-personal-customers

Batteries that are classified as dangerous goods by the latest edition of the Technical Instructions for Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization (ICAO) including wet spillable lead acid/ lead alkaline batteries (such as car batteries), lithium batteries when not sent with or contained in equipment, used alkaline metal, nickel metal hydride (NiMH), nickel cadmium (NiCd) and zinc-air batteries, and damaged batteries of any type. Please note this includes power banks.

So long as batter is in phone it will be OK. Just run it flat.

ShaunJUK

It's about 5 months old. They advised me to "get rid of it" and I presumed it was because of the battery but not overly relevant as they didn't say why. Apparently they claim "get rid of it" can mean return it for a refund. I always thought to get rid of something was to dispose of it. In hindsight I shouldn't have got rid of it so quickly but I had no intention of letting it burn my house down.

lisyloo

What do you need help with?
Have you sent them a letter before action?

How much was the phone? (asking as I don't think there's a time limit on section 75).

DullGreyGuy

lisyloo said:

How much was the phone? (asking as I don't think there's a time limit on section 75).

S75 mirrors the liability of the supplier to the creditor which would include any limits to that liability. As such there is a time limit of 6 years for this type of simple contract of purchase. 

ShaunJUK said:

I need help with taking Amazon through small claims please.

I bought a phone which developed a fault and dangerously overheated. CS advised refund was processed and to "get rid of" the phone.

They now say it should be returned and that is what they meant by "get rid of" and the agent didn't mean the refund was processed therefore as the computer won't allow a refund unless it is returned there is nothing they can do.

I have the email advising to get rid of the phone and in chats they admit they were wrong and the agent will be spoken to but say there is nothing they can do. They also say that the email does mention return further down. I explained I expected I was told to get rid of the phone as it was dangerous and Royal Mail wouldn't accept it in the post anyway.

I bought the phone on a Credit Card however it outside the 120 days to make a claim.

Thanks in advance 

Presumably you have checked that you did buy it from Amazon and not from a Amazon Marketplace seller?

Do you have the transcript still from when they told you to "get rid of it"?

Whilst we should be able to trust what agents tell us being told a merchant doesn't want faulty goods back is far from the norm and something that the average person would probably double check thats what they actually meant. A view of the transcript would be interesting to see. 

You dont say what "help" you need but there are probably a few areas where you are lacking such as evidence that there was actually a fault with the device. That said it's unlikely cost effective for Amazon to defend the claim so may well settle on an economics basis even if they feel you'd lose the case in court. 

lisyloo

DullGreyGuy said:

lisyloo said:

How much was the phone? (asking as I don't think there's a time limit on section 75).

S75 mirrors the liability of the supplier to the creditor which would include any limits to that liability. As such there is a time limit of 6 years for this type of simple contract of purchase. 

ShaunJUK said:

I need help with taking Amazon through small claims please.

I bought a phone which developed a fault and dangerously overheated. CS advised refund was processed and to "get rid of" the phone.

They now say it should be returned and that is what they meant by "get rid of" and the agent didn't mean the refund was processed therefore as the computer won't allow a refund unless it is returned there is nothing they can do.

I have the email advising to get rid of the phone and in chats they admit they were wrong and the agent will be spoken to but say there is nothing they can do. They also say that the email does mention return further down. I explained I expected I was told to get rid of the phone as it was dangerous and Royal Mail wouldn't accept it in the post anyway.

I bought the phone on a Credit Card however it outside the 120 days to make a claim.

Thanks in advance 

Presumably you have checked that you did buy it from Amazon and not from a Amazon Marketplace seller?

Do you have the transcript still from when they told you to "get rid of it"?

Whilst we should be able to trust what agents tell us being told a merchant doesn't want faulty goods back is far from the norm and something that the average person would probably double check thats what they actually meant. A view of the transcript would be interesting to see. 

You dont say what "help" you need but there are probably a few areas where you are lacking such as evidence that there was actually a fault with the device. That said it's unlikely cost effective for Amazon to defend the claim so may well settle on an economics basis even if they feel you'd lose the case in court. 

If the goods were arguably dangerous then it's surely quite reasonable to follow that advice.
I've been asked by an ebay seller to send broken glass through the post. I said no and royal mail don't take broken glass anyway. 
I got rid of it but I did take photos as proof.

ShaunJUK

I have communicated by chat where they admit they were wrong but say there is nothing they can do.

The CC company are looking into section 75 but wanted to know next steps in case.

lisyloo

It looks like you've exhausted the powers if the chat agents.

You could try a complaint to Amazon.
I would use the CC company first.

I would try both of those for free before going small claims which is not free.
Which type of credit card is it - mastercard, visa or AMEX. Asking as they are anecdotally different.

DullGreyGuy

lisyloo said:

DullGreyGuy said:

lisyloo said:

How much was the phone? (asking as I don't think there's a time limit on section 75).

S75 mirrors the liability of the supplier to the creditor which would include any limits to that liability. As such there is a time limit of 6 years for this type of simple contract of purchase. 

ShaunJUK said:

I need help with taking Amazon through small claims please.

I bought a phone which developed a fault and dangerously overheated. CS advised refund was processed and to "get rid of" the phone.

They now say it should be returned and that is what they meant by "get rid of" and the agent didn't mean the refund was processed therefore as the computer won't allow a refund unless it is returned there is nothing they can do.

I have the email advising to get rid of the phone and in chats they admit they were wrong and the agent will be spoken to but say there is nothing they can do. They also say that the email does mention return further down. I explained I expected I was told to get rid of the phone as it was dangerous and Royal Mail wouldn't accept it in the post anyway.

I bought the phone on a Credit Card however it outside the 120 days to make a claim.

Thanks in advance 

Presumably you have checked that you did buy it from Amazon and not from a Amazon Marketplace seller?

Do you have the transcript still from when they told you to "get rid of it"?

Whilst we should be able to trust what agents tell us being told a merchant doesn't want faulty goods back is far from the norm and something that the average person would probably double check thats what they actually meant. A view of the transcript would be interesting to see. 

You dont say what "help" you need but there are probably a few areas where you are lacking such as evidence that there was actually a fault with the device. That said it's unlikely cost effective for Amazon to defend the claim so may well settle on an economics basis even if they feel you'd lose the case in court. 

If the goods were arguably dangerous then it's surely quite reasonable to follow that advice.
I've been asked by an ebay seller to send broken glass through the post. I said no and royal mail don't take broken glass anyway. 
I got rid of it but I did take photos as proof.

A phone thats turned off will not have an overheating battery, there was a safe state where it could have been transported. 

How can the OP even prove it was "dangerously overheating"? They aren't claiming the battery was swollen or it was smoking which could have been photographed. I've had devices which became uncomfortably hot to touch if running demanding apps whilst charging but it was within safe operating temperatures. Someone else may have considered it "dangerous". 

In my mail order days we'd deal with broken glass/ceramics differently so if for example you said the glass top of a coffee table was broken on delivery we'd ask for the return of the base and instruct you to carefully dispose of the broken glass. 

ShaunJUK said:

I have communicated by chat where they admit they were wrong but say there is nothing they can do.

The CC company are looking into section 75 but wanted to know next steps in case.

If S75 fails and you want to sue the seller then first step is to check that the seller was Amazon and not a Market Place seller, if it was a Market Place seller then check where they are located. 

If it's Amazon then send a letter before action to them giving them a reasonable period of time to respond else you'll issue proceedings. If its a Marketplace seller then its much more complex even if they are in the UK as you are blaming Amazon for poor instructions but they aren't part of the contract. 

lisyloo

You seem to know about batteries. I don't, so if someone less knowledgeable or technical is told to "get rid of it" by a retailer then I think that a small claims judge would find that a reasonable action to take.
In general Joe Bloggs is not expected to have professional knowledge whereas Amazon are expected to meet a higher bar as to the instructions they are giving out.

Personally, if a complaint and section 75 failed then I think that would indicate to me that I'd be unlikely to succeed in the small claims court unless the claim failed on some qualifying criteria or technicality., but it would certainly be food for thought.

MattMattMattUK

How much was the phone and did you buy from Amazon, or was it a third-party seller?

Be aware that if you take legal action against Amazon then they will blacklist you which means you cannot order from them again and it will disable any Echo/Fire devices you have.