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  1. This is a long story but I'll try and keep it brief and you can ask questions as needed. In November 2015 I purchased an ASUS gaming laptop from an Amazon Marketplace Seller. The product was brand new but was shipped to me from the US. The company however were slightly misleading by having UK in their name. The laptop developed faults within days of arrival and I asked to send it back for a replacement. The company were only interested in doing a repair on the machine and insisted on remote troubleshooting first. I worked in IT Management for 5 years and had serious problems trying to explain that the fault with the laptop was a Network Card issue so any remote troubleshooting would fail. It's second problem was keys falling off the keyboard. No amount of remote support will fix that in any way shape or form! Fast forward and I sent the laptop off to be repaired as I gave up trying to fight a replacement because the company were not interested. This is the first problem I had. The seller refused point blank to pay the return shipping charges despite amazons policy being extremely clear that the seller was responsible. The seller wanted me to pay 99$ to them for the label. In hindsight I should've have done this but claimed a chargeback immediately for breach of Consumer Rights Act. Instead I choose to pay DHL around £100 to send it back to their repair center. The laptop was packaged in its original packaging, wrapped in bubblewrap before being sent to them and then the external box being wrapped in more bubble wrap, brown paper and all over that with brown parcel tape. The laptop was temporarily seized by customs because DHL did not attach the correct paperwork. This was resolved within 48 hours and the laptop sent on its way. While the laptop was within DHL's care, they somehow (no idea how...) damaged it and it arrived with 2 massive dents in the side of the screen panel. I was advised by the seller the state in which it arrived and being proactive asked for a quote to repair the damage on 16/10/2016. DHL Insurance then contacted me on the 19/10/2016 to request a quote to have the laptop repaired. The seller then wrote to me on 20/10/2016 asking how I wanted to proceed. They had not issued me a quote. I replied around 1 hour later the same day (20/10/2016) asking for the repair quote. I heard nothing. I contacted again on 31/10/2016 & 02/11/2016 and nothing still. Not a sausage! I then frustrated wrote to Amazon and asked them to intervene. 3 agents (have this in writing) said I would be refunded. Amazon then said that I would no longer be receiving a refund and would need to resolve the matter with the seller directly. I can understand 1 person making a mistake... But I was promised a refund by 3 people and thought the matter was coming to a close... I then made a complaint with The Better Business Bureau in the US to try and poke the seller. My complaint was sent on to the seller. I also requested a refund on the delivery charge on 05/10/2016 and that email has not even been acknowledged. All of these emails took place on the sellers ticket support desk so I know for a fact they have received these communications. Bottom line of this is I want the laptop refunded or replaced, also to receive my delivery charge of £100 back as the seller has clearly flouted Amazon's policy. Then amazon tell me their policy say my claim deadline has expired... How ironic... So the seller can ignore but not the buyer... Amazon said I could do a credit card charge back, however my Father paid for the order with his credit card as the order was coming from the US and my credit card limit wasn't high enough to pay for the order. However he is very very reluctant to pursue a Section 75 Claim against the credit card company... So I really don't think that is an option. Can anyone advise what I can do here please? I'm thinking pursue Amazon in small claims court as they have a responsibility for the sale and cannot enforce their own faulty goods return policy. I have photo evidence that the laptop was indeed faulty (keys not attached to the keyboard) I also cannot proceed with the claim with DHL because they need a quote for the repair which I am unable to give them... So any help would be received with gracious thanks
  2. Hi, good people of CAG, I wonder if you can help me, please. Hi there, I bought a car for Four Thousand five hundred and fifty pounds from a chap on Facebook Marketplace about three weeks ago. At first, it all started pleasantly enough, the seller and I traded details, texts and phone calls. I arranged to meet him at his home address, he wasn't there when I arrived and had to wait about 10 minutes for him to arrive. I drove the car on a test drive around the block in the dark, he had the radio on masking any sound, we took it into a garage which had "some" light. I looked at the car and it seemed perfect, too perfect. I have read that having background music on masks any noise, thus covering up any car issues. We traded details again, phone numbers etc and said that yes, I was definitely interested. We traded texts and I said that I was going to try and get the money together. He then tried to hurry my decision by saying that there were others interested even though I said that I was. Anyhow, I went with my wife to pick the car up on Sunday (6th Jan) We had to wait for him again, about 10 minutes and the car wasn't at his home address. He arrived and my wife transferred the money into his account. We started filling out the log book for the change of owners and he started saying ok let's do this all online so we did. We changed the owner details online there and then which I was a little odd. We then signed a bit of paper saying that the car had no warranty and sold as seen which again was a bit odd but the money had already been transferred at that point. The Engine Management light was on when I drove the car home, I didn't think that much of it as I've had cars where the management light has come on and it was because of a faulty spark plug or something like that. The next day (Monday 7th) I took it to my local garage around the corner from me where I have all of my servicing and MOT's done and I trust them. I asked them to check what the Management Light Fault was. I had a phone call later on in the day giving me some very disturbing news indeed. They ran some diagnostic tests on it and the fault which came up was a problem with the Automatic DSG gearbox and was told would cost upwards of 2k to repair. If the Mechatronic unit is faulty then again you are looking at upwards of 2K, if they have both gone then goodnight. There was also a problem with a wheel bearing at the back, the bulb in daytime lights had gone and the tyres were close to worn on the back. Needless to say, I was fuming, I tried to ring the seller, I sent him messages.... nothing. I then spoke to Citizens Advice who told me to write a letter saying that he was breaching conditions and that you were rejecting the car. wait for 14 days. I sent two letters, one to the address he gave (home address) and one to the "business" address (see below) I sent them Special Delivery so that I could track them (as advised by Citizens Advice) the one sent to his home address wasn't read but the one at his business address was signed for by him Mr Bhatti. I constantly phoned him, left messages on his phone and through texts but he ignored all communication. I Finally tracked him through WhatsApp, he still denied all knowledge of the faults but he didn't answer all of the other questions I put to him, he said he broke his phone and it was being repaired, that's why he didn't respond. He said that it's all my fault and I should have checked the car thoroughly. This was a Private sale but I have since found out that the seller is a director of a company which sells used cars and light vehicles. This I think is the reason he always turned up 10 minutes later as his “office” is around the corner. I have a messenger chat where he told me that there were no problems with the car and the car drove well and the mileage was motorway miles. The previous owner I was told was an old man who drove the car locally who kept it in the garage. The car is immaculate so who was I to doubt that. This was, in fact, a complete lie. It emerges that the old man is, in fact, a minicab driver registered to drive for Basingstoke Council. The owners before him were ERAC UK Ltd who are a Car rental firm in Aldershot. This means that the car would have been driven by anyone and in all different manners. These are Two things that would have affected my decision to purchase the car which he should have told me about. I also have photographic evidence that he does have other cars for sale on Facebook Messenger. The yellow "trader" slip is missing from the V5 log book so this is another abnormally. I also found out through the Internet that he and his brother were charged back in 2007 with handling stolen mobile phones from a shop he worked in so it proves he is a dishonest person. I also joined Which Legal and we are now into the third week after sending my second letter about taking the matter to court, which I can't really afford to do and can't really get the time off of work. I now find out that he has resigned as a director of the “said” company so that’s a bit odd too. Do I have anything here or am I wasting my time or do I give it to one of those "ill buy it.com" places for a reduced amount and cut my losses? Thanks in advance.
  3. I bought a bathroom tap from Amazon marketplace and received the item a week later. I immediately noted the item had dents on the chrome finish, as if it was dropped or impacted by a metal object. I also realised the seller was based in Germany. I wrote to the seller and sent photos, all communications going through Amazon. The seller was fairly slow and replied with single line emails every time. They initially offered a small amount £10 refund but I clearly explained that I wanted a replacement. Again no reply for a couple of days, they said "if you don't like the tap, then send it back and we will refund it". I gave the seller every opportunity to correct this, to me they appeared lazy and unwilling to cooperate. Then I raised the question of who will bear the shipping cost and where to return the item. The seller provided no return address to the UK and the only address was on their package for "Germany". Soon after and given the seller was being difficult to communicate, I contacted Amazon UK support to complain and raise the matter. They agreed to bear the return shipping cost and so I sent the item back to Germany with registered international post. For the record, the item cost was £60 and postage to return was £45. It may seem ludicrous but that was the minimum traceable package cost and that is exactly why I made prior agreement with Amazon. I posted a scan of the receipt with the cost through the very same email communication,and waited for a refund. A couple of days later I received a call from Ireland from a guy working for Amazon support (perhaps senior?) apologising for the inconvenience and confirming that the seller will refund the item and will pay the return shipping as well, as they should have provided a return address in the UK. Most importantly, that same guy put all of this in writing and confirmed by email! (Yes I still have it!) The item arrived at the seller three days later, who although having the reference code, delayed the refund of the item for five days until I requested it again. The shipping cost was NOT refunded. The seller is impossible to communicate with, they don't speak good English and give lazy responses. They do not even acknowledge the shipping cost. I have now been chasing Amazon UK for over a month with emails, which are being ignored. Also made several complaint phone calls to their support team which are always met with a confirmation the matter will be resolved, but nothing seems to happen. We are going around circles or they are mocking me. My understanding is that under Amazon's policy I have followed every step correctly to return the item and either they or the seller should refund the shipping cost for an item that was damaged to description. It is clear to me that under distance sales (now Consumer Contracts Regulations 2013) and even Amazon's own policy the shipping cost must be refunded. I have been shopping with Amazon UK for over 10 years and I have never had such a terrible treatment. Perhaps an article to the Guardian or a letter to Trading Standards will refresh their memory of their obligations to the consumer? Or action in court?
  4. Hi All, We bought a 7" tablet from Amazon in October via a trader on the marketplace. This was advertised with a 2yr warranty. The tablet no longer charges so we contacted the seller who provided no response. We gave them 3 days and contacted Amazon. They have left a message with the trader but currently no response. We have tried contacting the manufacturer direct (Leliktec) but no response, they only have an online enquiry form. I was just wondering what our options are as we have faulty goods but outside the Amazon 90 day guarantee. Ideally looking for a refund but a warranty repair as a minimum, unfortunately we have no where else to go so just wondering what our rights are and what Amazons responsibility is in cases like this? Currently stuck with a faulty item. Many thanks
  5. Hi, I'm looking for some advice on the distance selling regulations and how they apply to a Chinese Marketplace Seller, selling goods through Amazon's marketplace. We bought a tablet at Christmas and it will no longer charge. Amazon say it's ou side there 90 day A-Z guarantee and say deal with the company it's nothing to do with them. The company says that it is under warranty for 12 months so they will repair it but only if we pay £25 for postage. As far as I'm aware the buyer should not have to pay for return postage if the goods are faulty. I don't think any buyer should have to pay for return postage when goods go wrong so soon after buying them, but even if we were prepared to pay for it, we could find ourselves in the same situation at a later date if it goes wrong again and they ask for £25 postage for another repair. Has anyone any information on this please Regards Chessa
  6. After a bit of advice. Have a bit of a problem where I purchased some goods on Amazon from a business seller. I received the items the other day, but on opening the packaging - the item model is wrong. The items are not suitable for me at all. Now the seller's been quite good, and said that they will offer me a partial refund if I want to keep the goods, or said that they will arrange for a courier to come and pick the goods up, and offer me a refund. First time I've had a problem but I'm obviously concerned in case the courier picks the goods up, and seller claims they've not arrive or something? I'm assuming if I get some paperwork from the courier to say they've picked the items up this will be fine and if problems I can claim through Amazon still? Or not? I contacted Amazon who've told me that firstly, they wont get involved unless a case is opened, and also that the seller is under no obligation to provide me with return costs if I arrange for my own courier. Goods are over 20kg so concerned about the costs of doing that anyway.
  7. I'm in a situation with Amazon whereby they (or the seller) won't give me the sellers geographical address (as required by the DSR), I'm sure this constitutes an unfair contract term, however it's got me thinking about Amazon's position on Marketplace. Amazon may claim that it is only an agent, but I think that is pretty weak, the usual situation between an agent and their client is that an agent takes a cut after the contract has been performed. In Amazon's situation, the consumer has no choice but to pay them (in the same way as if you are buying directly from them). Does this constitute a sale of future goods as per the sale of goods act? In which case "a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods" which makes Amazon liable for the conclusion of the contract I'd love to hear your views on the subject and I'd like to see Amazon taking marketplace seriously
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