Amazon & Small Claims

[cdrider]

Hi

 

Has anyone had any experience taking Amazon.co.uk through the small claims court? Would be grateful for any tips, advice etc.

 

thanks.

[stroke a badger]

Welcome cdrider, Could you explain the situation in a bit more detail.

[cdrider]

Welcome cdrider, Could you explain the situation in a bit more detail.

 

Hi

 

I'm not sure how much details I should put just in case it does go down the small claims route so this may be a bit general/vague.

 

Bought a Kindle in Nov 2010 and was replaced under warranty in April 2011. In Dec 2011 this failed. I know the warranty is from the first purchase.

 

I'm arguing it isn't of satisfactory quality, fit for purpose and hasn't lasted a reasonable amount of time. Their response has been:

 

The European Directive 1999/44/EC allows for a claim to be taken (under certain circumstances) for a period up to two years in accordance with European Law, and up to six years under UK law.

 

This does not imply that an item has a warranty of two years or six years respectively. It merely permits an individual to make a claim under certain circumstances within that time period, e.g. should a fault be proved to have been inherent in the first six months.

 

Amazon provides a 12 month manufacturer’s warranty for this item. We also comply with our obligations as a retailer under the relevant legislation such as the Sales of Goods Act in the UK. Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include, in certain circumstances, repair, refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature of the goods.

 

I do understand the inconvenience caused by this situation. However, assuming your Kindle was inherently defective, we regard a charge of £40 plus shipping as fair to replace an item of this type and value that has been used for 14 months.

 

I have escalated to CEO level and sent recorded delivery letters. They now refuse to discuss further. Consumer Direct have also advised me to do a section 75 with the credit card company which is underway.

 

If that is not successful then I'll have to look at the small claims court. I don't think a customer should have to pay a third of the item value one month out of warranty. Amazon have also confirmed they don't offer repairs and with it being a fairly new bit of kit it's hard to get a 3rd party report. Amazon also refuse to accept it back for diagnostics.

 

Hence I'm looking for a bit of experience with Amazon and small claims. I nkow they have a head office in Luxembourg but they're also on Companies House with a UK address.

 

Hope that clarifies.

 

thanks

[my-spirit-soars-free]

So - assuming that the offer is for you to pay over one third of the items value, as you are expected to fork for P&P, that suggests that Amazon are stating that the expected life of the Kindle is less than three years. After all, it can only be a fair offer if you have already had more than a third of the use out of it!

 

I find that quite scary, on such an expensive item, it makes me glad I decided against the Kindle (mainly because I object to Amazon deciding what device I can use to read a book that I have bought, at the time).

 

I would be surprised if Amazon were happy for this one to go as far as the small claims court, the Kindle is their big hope for the future, trying to tie as many people as possible into their format... and publicity that the expected lifespan is less than 3 years would not look good!

[Dragon66]

Don't worry about other people's experiences, it sounds like you are doing Ok on your own.

 

Write your seven day letter and see what they do. As the last post said, Amazon are not going to want to go to court!

[cdrider]

Amazon are still refusing to replace the kindle so I've submitted a small claims court action online tonight.

[cdrider]

Amazon have offered a replacement device if I withdraw the claim first. This come over as bullying to me as I have no guarantee they will honour their offer. I don't think I should have to withdraw the claim as a condition of them obeying the law.

[Bluejr77]

Amazon have offered a replacement device if I withdraw the claim first. This come over as bullying to me as I have no guarantee they will honour their offer. I don't think I should have to withdraw the claim as a condition of them obeying the law.

 

Hi cdrider. I too am having the same problem with Amazon - Kindle purchased August 2010 and now screen frozen. I have asked them to confirm how long they think a Kindle should last (and the screen) and they wont answer me. I have received exactly the same responses. I am livid. I am being fobbed off and have spoken to advisors, supervisors and managers. The higher level wont speak to me, contact only via email and I too received the same blurb. Just checking online to see if I can take them to small claims court and it looks like I will have to take this route. Wasnt aware of section 75, so will also look into that. I have said I would be happy to have it repaired, but they dont do repairs. I am bouncing off the wall at the minute.

 

Did you receive a replacement?

 

Thanks Bluejr77