Amazon challenging dispute

karens_freebies

I ordered a pair of boots from Amazon , which didn’t turn up . I informed Amazon of this . 

They are now challenging this and won’t refund as they have shown a picture of my door with a parcel next to it . 

I didn’t receive the parcel. 

I contacted Mastercard and put a dispute on my card . 

Whether the parcel was put there and lifted by the Amazon delivery driver and taken away or stolen from my door I don’t know , but I did not receive it . 

How do I stand with this . I’m not paying for something I did not receive. 

I have sent Amazon and the seller countless emails telling them I never received any parcel. 

I’ve never been offered a refund or another pair of boots . Just wondered what my rights are . Surely delivery means they are delivered to me personally not just dumped at a doorway 

born_again

If they have proof of delivery, & this does not have to be your address. Then under card regulations they can reject the chargeback.
If they do not, they could go legal to recover the funds.

the_lunatic_is_in_my_head

Is this a credit or debit card OP, if credit over £100 + goods sold and fulfilled by Amazon (order details/invoice will say)? 

karens_freebies said:

 Just wondered what my rights are . Surely delivery means they are delivered to me personally not just dumped at a doorway 

https://www.legislation.gov.uk/ukpga/2015/15/section/29

Passing of risk above, dumped on door step = retailer's problem. 

DullGreyGuy

karens_freebies said:

I ordered a pair of boots from Amazon , which didn’t turn up . I informed Amazon of this . 

They are now challenging this and won’t refund as they have shown a picture of my door with a parcel next to it . 

I didn’t receive the parcel. 

I contacted Mastercard and put a dispute on my card . 

Whether the parcel was put there and lifted by the Amazon delivery driver and taken away or stolen from my door I don’t know , but I did not receive it . 

How do I stand with this . I’m not paying for something I did not receive. 

I have sent Amazon and the seller countless emails telling them I never received any parcel. 

I’ve never been offered a refund or another pair of boots . Just wondered what my rights are . Surely delivery means they are delivered to me personally not just dumped at a doorway 

You will have contacted your card issuer not Mastercard, they arent a consumer facing organisation in the UK. 

Chargeback rules are simple it will fail if amazon contest it and provide their evidence in time. 

You say Amazon and the Seller so it's a 3rd party sale which means irrespective of the value it won't have S75 protection. 

From a statuary perspective you would have rights with the seller and would pursue them directly, if you've already been sending correspondence then its likely a Letter Before Action and then issue court proceedings with the Money Claim Online Service... always good to do some homework on the seller first to make sure they are actually UK based and present so have something to go after. 

You may also want to read the Amazon marketplace guarantees to double check if you have any additional protection from Amazon.

Presumably you dont have a "safe place" setup with Amazon or the courier?

born_again

the_lunatic_is_in_my_head said:

Is this a credit or debit card OP, if credit over £100 + goods sold and fulfilled by Amazon (order details/invoice will say)? 

karens_freebies said:

 Just wondered what my rights are . Surely delivery means they are delivered to me personally not just dumped at a doorway 

https://www.legislation.gov.uk/ukpga/2015/15/section/29

Passing of risk above, dumped on door step = retailer's problem. 

Given this quote

I have sent Amazon and the seller countless emails telling them I never received any parcel. 

I going to guess it was a marketplace seller? Can @karen_freebies confirm if it is or not?

karens_freebies

Hi , I bought it with a debit card . Bought it on Amazon sellers name is TSR , but my contract was with Amazon . I just wrote a review on TSR which they have scored all the way through. The sellers are saying the fulfilment issues associated with this order were not due to the seller . But Amazon are disputing my saying I have not received my parcel as they have a photo of a random parcel left at my front door. 

I didn’t give them a safe place to leave it, not left with neighbours etc , but I’m still out £164.99 p for non delivery . Can I sue Amazon as they have broken their contract and not delivered my goods 

karens_freebies

Just checked the business is in the uk , but Amazon are stating that the fulfilment issues associated with this order were not due to the seller . 

I put a review on the sellers post but it’s been scored through by Amazon 

GDB2222

Amazon reviews are a matter for them, so you just have to accept their ruling on that.

You are entitled to have your boots delivered, not just dumped, so you should send a letter before action to the seller, and then issue proceedings. Bear in mind that, even though you may win in court, you still have to enforce the judgment. About half of judgments never get paid. So, you need to research whom you will be suing before you start. 

GDB2222

Are these the people?


https://www.amazon.com/sp?seller=A2IS6AJTPUT09C

DullGreyGuy

karens_freebies said:

Hi , I bought it with a debit card . Bought it on Amazon sellers name is TSR , but my contract was with Amazon . 

Thats not how Amazon's standard terms are structured

born_again

karens_freebies said:

Hi , I bought it with a debit card . Bought it on Amazon sellers name is TSR , but my contract was with Amazon . I just wrote a review on TSR which they have scored all the way through. The sellers are saying the fulfilment issues associated with this order were not due to the seller . But Amazon are disputing my saying I have not received my parcel as they have a photo of a random parcel left at my front door. 

I didn’t give them a safe place to leave it, not left with neighbours etc , but I’m still out £164.99 p for non delivery . Can I sue Amazon as they have broken their contract and not delivered my goods 

Can you post a link to the item.
Will make it clear for us to give better advice.
As any purchase via marketplace make a big difference 👍