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    • Bankfodder, I don't understand why you think that I am trying to cheat them. It is in the best interest of the landlord to have a tenant occupying the property rather than having it vacant. But having it vacant is better than having a 'bad' tenant - there are plenty of horror stories. As a landlord, you don't have a lot to rely on before you let some occupy the property so how the tenant behaves leading up to signing the agreement is important.    I have had other issues with the agent which I didn't want to elaborate here that led me to terminate the contract as soon as I rejected this tenant. But ultimately the law is law and if my interpretation regarding the 2013 Regulation is correct, this should be straightforward and we don't even need to rely on the other clauses. I'll see how it goes.
    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
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Amazon Refund/Incorrect Item received.


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Hi, 

I am looking for advice on where to turn next, as I have been trying for a few weeks to get a refund from Amazon, who are not
actioning my request.

 

I purchased an ASUS ROG Strix GeForce RTX 2080 Ti OC Edition graphics card on the 2nd October. When opened, the item looked used, I decided to test it, it also did not work, it powered on, but there was no display image. The GPU was tested on multiple machines, with different cables. 

So, I boxed the card back up, stated the reason for return as, faulty - does not display image/looks like I have received a used unit, maybe a customer return. I then waited, and finally received the following email from them,

Amazon: ''Hello, We are writing to let you know that we received the wrong item instead of the original item, ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080, in your return of order number 206-2218766-5373146. We are discarding the ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080 that you sent. We cannot issue a refund for this order until we receive the correct item. Please return it to us if you want to receive the refund. Sincerely, Account Specialist''

 

Various emails were then sent back and forth, stating that I returned the exact same item they sent me. See below (Transcripts are not in order),

Me: ''Apologies for the delay, been away on work. I can assure you, I sent the item back to you that was sent to me. I stated the reason for the return as the item giving me a black screen and just basically not displaying anything at all. Furthermore, I stated the item looked like it had been used previously. After reading horror stories on your forum, it seems you regularly send used items to people, no?''

.......................................................................................................................

 

Amazon: ''Hello, My name is ***, I'm a member of the management team. I've checked our records and your return has processed. We normally process a refund when the return has been processed by our returns department but it says that we have received an old model with different serial number. As we have informed you, that we received the wrong item instead of the original item, ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080, in your return of order number 206-2218766-5373146. We are discarding the ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080 that you sent. We cannot issue a refund for this order until we receive the correct item. Please return it to us if you want to receive the refund.''

.......................................................................................................................

 

Me: ''Just an update, I asked the Amazon chat rep for more information on the matter above, I got told something about a serial number. I don't ever remember seeing a serial number on the card when handling it, I have received no picture evidence/proof of this? However, I do remember seeing the serial number on the box, that much is true. Even if what you are saying is correct, and you sent me a card with a different serial number to the box, you still sent me a 'used' item that showed previous wear, and not a 'new' item of which I paid £1200+ for, I did not pay for a USED item (there are hundreds/thousands of posts on the Amazon forum and online about you sending used items to customers, so this would not be an isolated case). As it looks like Amazon sent me a customer return/previously used item, how can you have the gall to accuse me of not returning the original item, when you did not send me the item I paid for in the first place, which was a brand 'new' card, astounding. The term 'pot calling the kettle black' comes to mind.''

.......................................................................................................................

 

Amazon: ''Hello,
My name is ***, I'm a member of the management team.

I've checked our records and your return has processed. We normally process a refund when the return has been processed by our returns department but it says that we have received old model with different serial number.

As we have informed you, that we received the wrong item instead of the original item, ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080, in your return of order number 206-2218766-5373146.
We are discarding the ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080 that you sent.
We cannot issue a refund for this order until we receive the correct item. Please return it to us if you want to receive the refund.
You can review our return policies in the Returns, Refunds and Title section of the Conditions of Use, available at the link below:
www.amazon.co.uk/help/conditionsofuse
We look forward to seeing you again soon.
Your feedback is helping us build Earth's Most Customer-Centric Company.''

.......................................................................................................................

 

Me: ''Then i would like you to provide proof of what you are saying please, can I see picture evidence of a different serial number on the card, compared to the box? 

Even so, I have told you multiple times now, the card i received looked like it had been used previously, you did not send me a brand new item to begin with, yet you have the cheek to say i returned an older model. What was returned to you is exactly what you sent me, a pre-used card that had a brand new price tag. 

FYI, you will not be receiving anything else of me, as I have nothing. You now have the graphics card and my money. 

If no proof of what your saying is provided to me, I will continue through small claims court. ''


After getting nowhere with this, I then sent an email to the owner of Amazon,
.......................................................................................................................

 

Me: ''Hi, I purchased a graphics card on the 2nd October, long story short, it arrived and did not work, gave no display output (Please feel free to read the review I posted for the item under my account), it also looked like it had previously been used. So, I packed the graphics card back up and returned it, expecting a full refund within two weeks. However, I have received an email stating I have not sent the original item back, which is very worrying, as I most certainly did send the original item back. That being, the ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080.

I can assure you, I sent the item back to you that was originally sent to me. I stated the reason for the return as the item giving me a black screen and just basically not displaying anything at all. Furthermore, I stated the item looked like it had been used previously, which it did. It has now been nearly 2 weeks since I sent the product back to you.


With that said, I will move this along promptly myself.

 

Letter Before Action,

 

I write regarding 206-2218766-5373146, an order I placed with you on 2nd October and which I have been falsely accused of returning the incorrect item, which I absolutely did not. The item received looked previously used, and would not allow the monitors plugged into output video. The original email received of Amazon CS contradicts itself, by inferring the item I sent back was the exact same item (model) I received, highly confusing, and in no way justifiably explained. £1,204.48 was paid for this item.

I do not understand the claim made by your CS email representatives, who have wasted several hours of my time with this nonsense. You have taken my money, sent me a broken/used item, and then have the gall to say I sent you the incorrect item back when I sent you the exact same item you sent me (ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080), especially when you originally sent me what looked to be a used item, and sold it to me at a brand new price. When looking online, and you're own forum, I see you have a habit of sending used items out to people and stating them as new.

 

With that said, no proof has been given to back up your untrue, and quite frankly disgusting claim, I am writing to inform you, therefore, that I will be forced to take legal action if I have not received a full refund, within 28 days. I shall hold you liable for my costs.


Yours in frustration,

ADDRESS***


A full copy of the above has also been sent to your London Headquarters''

...............................................................................................................................

 

Amazon: ''Message From Executive Customer Relations
Dear ***

We have investigated the matter and the information previously shared highlights our position.

The graphics card we sent, was not the same graphics card which was received by our return centre.

We are discarding the ASUS ROG Strix GeForce RTX 2080 Ti OC Edition 11 GB Graphic Card GDDR6 with Enthusiast-Level Technology for Extreme 4K and VR Gaming ROG-STRIX-RTX2080 that you sent.

We cannot issue a refund for this order until we receive the correct item. Please return it to us if you want to receive the refund.

Regards,
****
Executive Customer Relations
..............................................................................................................................

 

All the above leads me to a complete stalemate, Amazon saying I returned a different card to what they originally sent me, and me saying they never sent me a brand new card in the first place, which I paid for, and then sent back the original card they sent me, which I did. 

 

I have just requested a SAR from Amazon (via email), as one of the posts on the forum suggested to do. Next step is small claims court, but this worries me, I really don't know what to expect, as I have never done anything like this before. Is it even worth doing? Do I have a case at all? I really don't want to lose £1200, suffice to say, I am absolutely furious.

 

Thanks in advance for the help. 

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Hi and Welcome to the Forum.

 

How did you make payment ...credit card  or debit card ? consider issuing a section 75 claim if CC or chargeback if debit card.

 

Andy

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If you want advice on your thread please PM me a link to your thread

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Did you pay the seller direct or amazon ? 

 

https://pay.amazon.co.uk/help/201749690

 

 

 

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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That link you supplied states chargebacks are only relevant to items of upto £100. Probably not possible in my case, no? 

 

The item cost around £1200

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There are no upper limits.  Must be over £10.

 

Why did you send a letter of claim with no intention to follow through and not knowing your position?

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I am going to follow through, just slightly nervous as I have never done anything like this before. No way am I letting them shaft me out of £1200+ of my hard earned money. 

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Great news, just checked my emails and received the below. Not sure if requesting a 'SAR' did the trick or not, but they have done a complete 360, result.

 

Dear ******,

Thank you for your emails.

We have decided to issue a refund for your order #****.

I've requested a refund of £1204.48. Once your refund has been completed by us, please allow your bank between 5 to 7 business days to process it.

You can access a lot of your data instantly online through your Amazon account by clicking on the "Your Account" tab.

From your account, you can also modify or update your personal data at your convenience.

If you require further personal data, you can log into your account to verify your identity and submit your request. You can submit this request here: https://amazon.co.uk/gp/privacycentral/dsar/preview.html

For further information, please go to our Privacy Help page:
www.amazon.co.uk/privacy

I hope this helps.
Regards,
*************
Executive Customer Relations
Amazon.co.uk

 

 

Thanks for the help, great forum and advice.  

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Well I'm pretty surprised – but very well done.

This is excellent news. I wonder what the whole story really is.

If you send them an SAR you might find out then it could be very interesting

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It must have been the request for a SAR that changed their mind, before that they were adamant of not refunding me, nothing else has changed.

 

Quite frankly I'm not sure how they thought they could get away with not refunding me.

The whole thing is bizarre. 

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