Amazon Double Charging Me - What's my rights?

GDB2222

The practical issue is whether the OP can stop Amazon charging his card, and I’m not sure he can? I assume that he would dispute the transaction, and it will all eventually get sorted out?

Alderbank

GDB2222 said:

DullGreyGuy said:

the_lunatic_is_in_my_head said:

DullGreyGuy said:

The OP has 2 TVs at a minimum since early December, who do you think should have paid for the second? Seems rather generous compensation for a delivery being a few days late.

Right but isn't OP an involuntary bailee here?

If that's correct obligation for the OP is to make the goods available for collection which has been done, Amazon has no right to charge their card for the value of the TV because their agent failed to collect.

Pragmatically OP I would write to Amazon UK's head office, CS are script based and it seems your issue is off script. 

The OP states the order was placed in the Black Friday sales (so mid-late November), that it hadn't arrived after 1 week so they ordered a replacement via customers services on the phone which arrived next day. The OP went on holiday, the original was delivered whilst away. Amazon contacted them saying as the original hadn't been returned it would be charged for the replacement so they contacted Amazon for it to be returned, which failed and we are now 8th January. 

We dont have exact dates, certainly when I've had a replacement sent I've been given either 14 or 21 days to return the original to avoid double charging. Potentially it was well beyond this for the OP now. It's unclear how long they sat on having the original at home given it was the talk of being charged which they say triggered them to try and deal with the return rather than the delivery. 

I wouldn't say they are an involuntary Bailee, they ordered 2 TVs and received 2 TVs, the second was ordered because of the delay of the first and as such Amazon gave them 14-21 days credit to allow them to return the first before it was charged. Sure the need to order the second was driven by the delay in delivery but the free credit is more than a reasonable response to a delayed delivery; most would have told the OP to pay for the 2nd one up front and deal with a refund on return of the first. 

Nowhere does the OP say that he placed a second order. So, you start with a false premise. 

The OP's opening words are: 
I ordered a 55" TV on Amazon in November black friday sale.. it still didn't arrive 1 week after the delivery date, so I phoned and they said "don't worry, we'll send a replacement"... it arrives next day no problem and I install it.

There is clear agreement between the parties to form a contract for the replacement set and the OP confirmed the contract by his actions, as is acceptable in contract law.

You don't install a TV that you didn't agree to and don't want.

DullGreyGuy

GDB2222 said:

DullGreyGuy said:

the_lunatic_is_in_my_head said:

DullGreyGuy said:

The OP has 2 TVs at a minimum since early December, who do you think should have paid for the second? Seems rather generous compensation for a delivery being a few days late.

Right but isn't OP an involuntary bailee here?

If that's correct obligation for the OP is to make the goods available for collection which has been done, Amazon has no right to charge their card for the value of the TV because their agent failed to collect.

Pragmatically OP I would write to Amazon UK's head office, CS are script based and it seems your issue is off script. 

The OP states the order was placed in the Black Friday sales (so mid-late November), that it hadn't arrived after 1 week so they ordered a replacement via customers services on the phone which arrived next day. The OP went on holiday, the original was delivered whilst away. Amazon contacted them saying as the original hadn't been returned it would be charged for the replacement so they contacted Amazon for it to be returned, which failed and we are now 8th January. 

We dont have exact dates, certainly when I've had a replacement sent I've been given either 14 or 21 days to return the original to avoid double charging. Potentially it was well beyond this for the OP now. It's unclear how long they sat on having the original at home given it was the talk of being charged which they say triggered them to try and deal with the return rather than the delivery. 

I wouldn't say they are an involuntary Bailee, they ordered 2 TVs and received 2 TVs, the second was ordered because of the delay of the first and as such Amazon gave them 14-21 days credit to allow them to return the first before it was charged. Sure the need to order the second was driven by the delay in delivery but the free credit is more than a reasonable response to a delayed delivery; most would have told the OP to pay for the 2nd one up front and deal with a refund on return of the first. 

Nowhere does the OP say that he placed a second order. So, you start with a false premise. 

Non of us know exactly what the Amazon said to the OP... given the call happened in either late November or very early December its fairly likely the OP doesn't know exactly what was said either given it was a phone call.

When I did the same via live chat I have the advantage of a transcript of what was said and inevitably is a script. They stated they would "order a replacement" which will be with you buy 10pm tomorrow. You need to return the replacement to us within 14 days otherwise we will charge you for the replacement. When I look in my order history it shows as two orders and I received an order confirmation email when it was raised. It's exceptionally likely the OP will also have received an order confirmation email when the replacement was arranged and again could have disputed it was an order at that point but didnt. 


Personally I am really surprised by peoples reactions here... name one other retailer that will send out a replacement item for free whilst the original parcel is still showing as going through the delivery process? Every other retailer I know would charge you up front for the replacement order and deal with a refund when the first one is returned and yet because Amazon do something better people think they should be worse off for it. 

the_lunatic_is_in_my_head

DullGreyGuy said:

When I did the same via live chat I have the advantage of a transcript of what was said and inevitably is a script. They stated they would "order a replacement" which will be with you buy 10pm tomorrow. You need to return the replacement to us within 14 days otherwise we will charge you for the replacement. When I look in my order history it shows as two orders and I received an order confirmation email when it was raised. It's exceptionally likely the OP will also have received an order confirmation email when the replacement was arranged and again could have disputed it was an order at that point but didnt. 

Yes you may be right, the correct way is to treat the contract at an end and be refunded then reorder yourself.

DullGreyGuy said:name one other retailer that will send out a replacement item for free whilst the original parcel is still showing as going through the delivery process? Every other retailer I know would charge you up front for the replacement order and deal with a refund when the first one is returned and yet because Amazon do something better people think they should be worse off for it. 

Well if you did the above they'd have to do that (or decline a second order but with a company the size of Amazon that would mean closing the account as no one is sitting there checking the individual actions of customers).

However the issue here is the bad service from Amazon who arranges a courier who turns up and says they can't collect large TVs!

GDB2222

It is clear that Amazon accepts that the  second TV was a replacement for the one that got lost. As DullGrey says in his case: 
They [Amazon CS] stated they would "order a replacement" ... 

So, that's Amazon CS ordering the replacement, not the OP. 

It's clear that Amazon accepts that it's their responsibility to collect their TV from the OP. That's why they sent a courier to do that. Of course, the OP needs to make it available for collection, which he has done.

This is clearly a parctical issue, where both parties are in agreement about what needs doing, and it's just the courier issue that's in the way of finalising this.