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    • 4.3(4) The court serves the claim on the defendant by sending a paper version of the completed online claim form to the defendant at the postal address given for the defendant. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/practice-direction-51r-online-court-pilot Practice Direction 6A, paragraph 4.1 says: “[w]here a document is to be served by fax or other electronic means the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving – “that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and “the fax number, e-mail address or other electronic identification to which it must be sent.” This means that delivery or sending court documents by email is not service, unless the other party expressly consents to it.
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Amazon purchase (3rd party seller) item returned with Evri, received back damaged & seller refusing refund now

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Hi there

I bought a Samsung monitor on Amazon from a third party seller for my son. Value £269 

It was advertised as 144 hz but when we received it, it only achieved 60 hz with my son's PS5, whatever we tried it wouldn't achieve the 144 hz.

So we asked to return it for the reason of performance problem. The return was accepted and I was automatically issued with an Evri return label to return the monitor. Although it did say they would charge me for the return. It was only £3 do I wasn't too worried.

I repacked the monitor in the same packing it came in and sent it back with Evri as instructed.

Evri delivered the package on the 19th of October. On the 21st of October I got a message from Amazon that their courier confirmed the item had been delivered to their returns centre and it would take a around a week to process it.

Today I got a message from the seller informing me that they are refusing to refund me, as the item was returned damaged. 

They sent me some photos saying the screen got damaged. 

It wasn't damaged when we sent it, so it must have been transport damage. 

Can they refuse to refund me, surely they should make a claim against their carrier and not me ?

I have paid with my credit card through Amazon, so been thinking of a charge back, but not sure if that is going to be straight forward, just in case they say it is my responsibility. But I never even chose the carrier, I was just sent a label. And I think monitors are generally excluded items for transport insurance with most carriers anyway. 

Any advice ?

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I have tried to contact Amazon but they say I need to talk to the seller direct and their chatbot keeps re-directing me to "seller messaging".

So I left the seller a message and just got an automated response.

It was an Amazon Marketplace purchase, sold and dispatched by this third party company, but it was an Amazon Prime deal. So I always get a bit confused, but I don't think it was fulfilled by Amazon in this case.

I have a look for the A-Z guarantee details, and no, I haven't done that yet.

But will have a look


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Oh ok, so this is seller fufilled, so just file an A-Z guarantee.


let us know if you need any help.


It would also be beneficial if after filing it, you update us on it even if it's successfull so that members in future in similar situations can see what to do 

underpaid paralegal

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Yes, I just found the A-Z details :



If a dispute arises between you and a Marketplace Seller, and you can't reach an agreement with them, the A-to-z Guarantee is available to you. It covers the timely delivery and condition of your items, and problems with returns...

I will wait until tomorrow to see if the seller replies. It is a business so they would be closed now.

If they don't reply or still refuse I will try the A-Z process, but I suspect Amazon will say I should have insured it. When my argument is, the seller has chosen Evri and should be the one to insure it with Evri. Although monitors are excluded from compensation anyway:


Find out what you can and can’t send with Evri and which parcels carry their own restrictions. Our in-depth carry guide has everything you need to know.

Monitors and TVs are on their compensation exclusion list, so it would not have been possible for me to insure it anyway.

I will keep you posted on what happens next

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if you paid for this by a credit card and on your statement it shows as amazon for the item then the credit card issuer is dually responsible as the label was issued by amazon during which the damage was caused. it wont be a chargeback but a section 75 claim under the consumer credit act.

amazon are also being a bit thin with truth here as if it was an online purchase (which it was) you have 14 days to return it regardless to any issue and 30 days to return it if it is 'not as described/unfit for purpose' within consumer law, so REGARDLESS to it being a third party seller, amazon ARE responsible too.

your very last resort will be to take evri to court...i've moved your thread to postal forum, plenty of evri threads to read there.





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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm curious why the seller would think they can blame you, the buyer. Assuming you made the item available for collection in the same packaging (including any outer packaging) it was sent to you in, you have done all you were required to do. After that, any failure to deliver in good condition is between the seller and Evri, the seller being the person who contracted Evri to collect the package.

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Thank you for all your comments.

I had a response from the seller this morning, saying they didn't issue the Evri label but amazon did. I don't know which is correct, because when I started the return, a label was just issued. It looked as if it was from the seller, but it went through the Amazon return process, so I have no idea.

I packed the monitor back into the packaging it came in, including the outer box and even added some bubblewrap for extra padding. I absolutely don't accept it was not packaged properly or was damaged when I sent it. It went back the way it came, apart from that it had been set up once. The damage happened after I sent it, so to me this is transport damage.

The charge for the return label (£3) was supposed to be deducted from my refund, but as I never had a refund, I don't know who paid for the return carriage at this stage.

Anyway, as they claim it was Amazon who issued the Evri label, they say I should talk to amazon, but amazon just bounces me straight back to the seller and the seller messaging centre saying I need to talk to them.


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Update :

I tried to make an A-Z claim but the Amazon bot wouldn't let me and i was sent around in circles. It would let me go so far in the process and right at the end it would send me back to the beginning to start again.

I then managed to get through on the amazon chat bot and spent the last hour chatting to two different Amazon reps. I don't think they fully understood what the issue was and also didn't tell me how to file an A-Z claim for this order. 

They kept saying they asked the seller to issue a refund and tried to end the chat, but I kept saying I already talked to the seller. So they kept putting me on chat hold and after around one hour they said they have issued the refund now and it should come through within 5-7 days.

I also had a confirmation e-mail from Amazon to that effect, but in there are indicators that they have not fully understood what the issue actually is.

Their confirmation e-mail says I don't have to return the item, I can keep it or dispose of it. As if they think the item arrived damaged at my end ? 

A few minutes after I got this e-mail from amazon I got another message from the seller, saying they noticed I had a refund from amazon and they would take it up with them....

So at this stage I am waiting for the refund to appear back on my card.

If any other issues develop with the seller with regards to this I will report back

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let us know when the refund clears to your account.

The automated email from amazon saying refund issued normally means on its way

seller and amz can dispute it all they want between themselves, that has 0 effect on you don't worry about it.

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underpaid paralegal

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