Amazon claiming they did not receive item ?

[BankFodder]

So please read the posts and then come back here and we'll decide what to do

Also, when did you send Amazon the SAR and how long ago did they knock you back with their response?

[BankFodder]

Okay, hopefully you've managed to read around those posts a bit and so things are clearer for you.

Firstly, on the subject of the SAR which apparently Amazon batted back because you had sent it to the wrong department, you will see from the reference I posted that once your SAR hits the company then they have a duty to make sure you go to the right place. Even if there are a number of associated companies, they have a duty to make sure that everybody in that group gets a copy of your SAR and provide you with your disclosure.

It's called "cascading" and this means that Amazon are in breach of your SAR by declining to satisfy and instead telling you that you have to send it to another department.

This demonstrates poor staff development on GDPR by Amazon – and I can tell you that they aren't the only one. We are dealing with virgin at the moment and have just obtained a judgement against them for breach of SAR on a claim for £200 for distress.

On the matter of Amazon's liability or Hermes liability, Amazon are the retailer and you found that the item you return to them was defective and you returned it within the first 30 days. Used their own return system and their own returns label to return it and this means that it was in the hands of Amazon at every step. You followed the directions on the matter and if it was lost by Hermes then it's Amazon's fault for choosing Hermes. Amazon are not allowed to pass the buck onto Hermes.

The second top reference that I posted for you is a case that turns on exactly this point and in fact the OP was intending to proceed against Hermes but we suggested that he would be better off proceeding against Amazon – which he did – and I'm pleased to say that he didn't even need to issue proceedings. Amazon folded within a couple of days of having received the letter of claim. They are preparing to reimburse him over £1800.

Clearly the negligence has been committed by Hermes – but I think it will be much quicker and much more straightforward to proceed against Amazon.

Notice that once again Amazon are trying to duck the issue. First of all they have told you that the loss of the item is not their responsibility and you should proceed against Hermes. Secondly, they have unlawfully declined in SAR and told you that it's your fault and you have to go to a different department.

If you want help to proceed against Amazon then of course we are very happy to help you.

I expect that it will take a complaint to Amazon telling the are not happy with the decisions both on passing the buck to Hermes and also passing the buck on the SAR. I would give them about seven days and then I would send them a letter of claim giving them 14 days.

Whether they will change their mind as quickly as they did on the recently solved case, I don't know but you are only after about £300 or so and Amazon put up their hands very quickly to £1800 so I suspect that it wouldn't be very difficult.

I'm sorry that you waited so long since May to sort this out. Come to us more quickly next time.

Let's know what you want to
.

[craigten]

Absolutely fantastic!!!!! Thank you SO much!! Give me a few hours to digest this and I will get abck to you. 

Thank you for your patience!!!

[BankFodder]

Please will you address my question as to the date etc of your sar

[BankFodder]

Incidentally, your complaint to Amazon should relate to both issues – the breached SAR request and also the failure to reimburse you for the lost item.

If you bring a legal action then I suggest that you would be bringing a legal action in respect of both them.

[craigten]

I have not been able to find proof of sending the SAR so will tomorrow send a 'fresh' one so can then start my claim.

I hope this is the correct action to start this ball rolling.

 

Thank you for the above advice, Wise words.

Edited January 26, 2021 by craigten

[BankFodder]

start keeping proper records and the paper trail of everything you do. You can't win anything if you don't keep evidence.

[craigten]

13 minutes ago, BankFodder said:

start keeping proper records and the paper trail of everything you do. You can't win anything if you don't keep evidence.

Two children away from nursery, two parents working from home full time. 

[BankFodder]

14 minutes ago, craigten said:

Two children away from nursery, two parents working from home full time. 

I relayed this message to Hermes and they laughed.

[craigten]

9 minutes ago, BankFodder said:

I relayed this message to Hermes and they laughed.

Ha ha, give it time. I was relaying modern day issues. Anyone who is juggling all this knows that a receipt for a pick up is not on that priority list.

[BankFodder]

Yes, but 320 quid is a bit interesting sometimes.

[craigten]

Guess who received an email to say that I’ve joined this club....

 

 

 

https://www.google.co.uk/amp/s/amp.usatoday.com/amp/636089002

[BankFodder]

I think you've lost me somehow

[craigten]

Sorry, they emailed me last night to ban me. Still have orders to come, an order Hermes are in the process of returning, etc.

[BankFodder]

Interesting.

Could you put up the text of the email you received from Amazon please.

Have you got a history of returning things? How many things have you returned in 2020?

[craigten]

Hi, here are the email (mine in bold):

 

Hello,

We have closed your Amazon.co.uk accounts. We took this action because you have consistently asked us to issue refunds or replacements for a large number of your orders. While we expect the occasional problem with an order, we cannot continue to issue refunds or replacements to you at this rate.

If you had open orders on this account, those orders were canceled when we closed the account.

Any digital content that you purchased with this account is still available to you. To access the content, click the “Manage Your Content and Devices” link on the Your Orders menu on Amazon.co.uk.

If you would like to appeal this decision, please reply to this email to reach an Account Specialist. Our Customer Service team can only confirm that we sent this message and help you with technical issues. They cannot reverse this decision or share more details on this matter.

Sincerely,

Account Specialist
Amazon.co.uk
www.amazon.co.uk

 

Hello.

I would like to appeal this decision.

Please provide details of what I need to do.

Thank you,

 

Hello,

As we informed you earlier, we have closed this account. We took this action because you consistently asked us to issue refunds for a large number of your orders. While we expect the occasional problem with an order, we cannot continue to issue refunds or replacements to you at this rate.

After a thorough review, we have decided not to restore your full access to this account. You will not be able to place orders on our site.

Any digital content that you purchased with this account is still available to you. To access the content, click the “Manage Your Content and Devices” link on the Your Orders menu on Amazon.co.uk.

Sincerely,

Account Specialist
Amazon.co.uk
www.amazon.co.uk

 

Hello.

I asked you how to appeal, as your email offered.. Please provide details of how to do this.

All the best

 

I think the thing that frustrates me is a while ago, when I received some 'warning' emails, I always replied to ask them to state exactly what I had done wrong, which items they mean, etc but they never did.

 

Yes, I did return a lot of items, but boy do I buy a lot too. In 2020.....I don't know for sure but over 20? Gosh I bought some stuff, too though. Not small things either.

[BankFodder]

Well I'm very sorry that it has led to this and no doubt it will cause you inconsiderable convenience. I'm not sure what to advise here because they will insist on their right to exercise their own discretion as to whether or not you should have an account. And I expect that they do have that right.

I have to say that if we had known that this might happen, then we would advise you to concentrate on Hermes rather than Amazon.

I apologise for this. I think that Amazon is really simply being vindictive – although if you do have a history of returning items then I suppose that this does cause the problem.

I think that 20 items in a year is quite a lot – but on the other hand we don't know what percentage of your total purchases this represents.

Unfortunately you can't even attack Hermes for this Amazon account closure.

Has there been any word from Amazon about refunding you the value of this lost item?

[craigten]

Hi,

Please don't apologise. I would apologise too, but I really don't think I have done anything wrong. Bit of a grey area here, maybe.

No, nothing from them on the issue. I agree re vindictive.
Question - I have some items that I bought, fully expecting them to last a good duration, such as a £400 drone (upgrade on the crap one I tried to return). What happens if it becomes faulty, etc? It seems like I have no recourse? 

 

I will send that damn DSAR today, might be interesting.

Edited February 6, 2021 by craigten

[BankFodder]

No, their ban relates to new contracts. Any existing contracts are already in place and you are entitled to all of the rights that you would normally expect in which are protected by law

[craigten]

Thank you. I will try to contact them to verify this.

[BankFodder]

It doesn't matter what they say. It's what the law says

[craigten]

Grrr.....just tried to use their Live chat to check what to do when / if I do need to return something and can't access it as I am banned.

[BankFodder]

I would suggest that you take it from us that you don't lose your rights in respect of anything which has already been bought. It's simply that you probably won't be able to use their customer service facility, you will have to use an ordinary email or letter.

[craigten]

Update: Just phoned them (on loudspeaker and recorded) and asked what do I do in the event of any of my items purchased becoming faulty being as I would need to contact them for returns labels, etc. They answer was 'you need to contact your local Trading Standards and we will be happy to talk with them' but the upshot was that they refused to acknowledge that I have any rights regarding this possibility.

[BankFodder]

Thanks. Of course this is outrageous and you should ignore what they say.

If you need any help on anything faulty which you have bought from Amazon then let us know.