Small Claims - Amazon

Bradden

@ShaunJUK ... just wondering how you safely dispose of a dangerous phone?

the_lunatic_is_in_my_head

MattMattMattUK said:

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.

I don't think that's a given, handling of small claims goes beyond their algorithm and overseas CS. 

There has been at least 1 thread on this board where a poster had a positive response from simply writing to Amazon UK's head office address in London and with an off script issue like this a well written letter (that explains the issue to the point and without emotion, with no need to mention small claims at this point) may see a result. 

I think it's fair that if someone is old to "get rid" of an overheating phone most would take that to mean it should be disposed off, whilst I'd expect the company to advise it's disposed via the appropriate means, such as taking it to a local council rubbish/recycling centre, if something is overheating and a company says get rid of it I wouldn't want it sitting in my house just in case I'd been told the wrong thing. 

lisyloo

Bradden said:

@ShaunJUK ... just wondering how you safely dispose of a dangerous phone?

A high st store or recycling center should be able to handle it

ShaunJUK

Thanks for your responses.

The seller was a third party seller however I am not sure on the relevance when it was Amazon who instructed me what to do.

The phone was taken to my local household recycling centre.

I have attached a copy of the email I was sent after my contact.

I don't want to be blacklisted but do want what is rightfully mine. The phone was about £550.

born_again

ShaunJUK said:

Thanks for your responses.

The seller was a third party seller however I am not sure on the relevance when it was Amazon who instructed me what to do.

The phone was taken to my local household recycling centre.

I have attached a copy of the email I was sent after my contact.

I don't want to be blacklisted but do want what is rightfully mine. The phone was about £550.

So there is no S75 cover then.

DullGreyGuy

ShaunJUK said:

Thanks for your responses.

The seller was a third party seller however I am not sure on the relevance when it was Amazon who instructed me what to do.

The phone was taken to my local household recycling centre.

I have attached a copy of the email I was sent after my contact.

I don't want to be blacklisted but do want what is rightfully mine. The phone was about £550.

If Amazon are not the vendor then on what grounds are you going to be suing them? Clearly it's not breach of contract as you dont have a contract of sale with them for the phone. 

lisyloo

Have you contacted the seller at all?

ShaunJUK

lisyloo said:

Have you contacted the seller at all?

Yes see their response below 

Ergates

DullGreyGuy said:

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

Whilst, yes, an undamaged battery in an intact phone isn't *actually* a danger - the point remains that the OP was told to "get rid of it" in an email.

The question isn't "Was that necessary" the question is "was it reasonable for the OP to take this as an instruction from the retailer to dispose of the item".

Without seeing the entire email it's hard to say (OP said Amazon claimed the email also said to return it), but if someone told me I could  "just get rid" of something, I wouldn't assume they wanted it sent back to them - it's a fairly unambiguous phrase.  

Arunmor

The OP doesn't have a contract with Amazon BUT the OP followed Amazon's instructions  then in my view it falls on Amazon to rectify the issue with the OP and then take it up with the seller themselves (if they wish to, but that is of no consequence to the OP).