Caveat Emptor. CRA 2015 not quite as it seems.

[Dustydog]

A 20 kg bag of bird peanuts purchased from a third party seller via Amazon, £16.99 and delivered by “Herpes”. The seeds were left in the water logged glass recycling bin. Ruined.
Amazon tried to help , told seller to reimburse me. All I get is a chatbot reply saying “Herpes” are investigating. Amazon told seller to reimburse. Nothing.
This was a month ago.
CRA only kicks in on purchases above £100.
Beware whilst you think you are buying from Amazon you may be buying from a third party seller. This is made clear but not something I ever paid heed to.
Naturally I have left the poorest review possible about the seller. Amazon are still trying .
I can afford to lose the £16.99 but clearly £99.99 may have been different.
The lesson is be sure you know form whom you are buying when using Amazon or similar.

 

[otherclive]

A 20 kg bag of bird peanuts purchased from a third party seller via Amazon, £16.99 and delivered by “Herpes”. The seeds were left in the water logged glass recycling bin. Ruined.
Amazon tried to help , told seller to reimburse me. All I get is a chatbot reply saying “Herpes” are investigating. Amazon told seller to reimburse. Nothing.
This was a month ago.
CRA only kicks in on purchases above £100.
Beware whilst you think you are buying from Amazon you may be buying from a third party seller. This is made clear but not something I ever paid heed to.
Naturally I have left the poorest review possible about the seller. Amazon are still trying .
I can afford to lose the £16.99 but clearly £99.99 may have been different.
The lesson is be sure you know form whom you are buying when using Amazon or similar.

I had a similar experience some years ago when an Amazon Marketplace seller refused to pay a refund on some Yaktrax that were patently too small to fit the advertised shoe size as they broke whilst being fitted. Like you I gave a minimum review. But in general my experience and that of the wider family is that Amazon and their Marketplace sellers are very good if problems do arise. But problems are few and far between.

 

[RogerL]

Can you dispute the transaction with the credit card company and get a charge-back?

 

[Dustydog]

Can you dispute the transaction with the credit card company and get a charge-back?

They too have a minimum purchase of £100

 

[Buckman]

A 20 kg bag of bird peanuts purchased from a third party seller via Amazon, £16.99 and delivered by “Herpes”. The seeds were left in the water logged glass recycling bin. Ruined.
Amazon tried to help , told seller to reimburse me. All I get is a chatbot reply saying “Herpes” are investigating. Amazon told seller to reimburse. Nothing.
This was a month ago.
CRA only kicks in on purchases above £100.
Beware whilst you think you are buying from Amazon you may be buying from a third party seller. This is made clear but not something I ever paid heed to.
Naturally I have left the poorest review possible about the seller. Amazon are still trying .
I can afford to lose the £16.99 but clearly £99.99 may have been different.
The lesson is be sure you know form whom you are buying when using Amazon or similar.

It is up to the seller to chase the courier as the courier damaged the goods. Not your problem, Not sure where you got the idea of not being able to use CRA 2015 for a purchase of less than £100 as it works for 1p purchase. You cannot use S75 of the CCA. You paid Amazon and Amazon need to refund you as the goods were damaged on delivery. Kick up enough fuss and they will. Again talking from experience.

We buy our bird food direct from the RSPB. The quality is excellent even if you pay a bit more.

 

[Jcloughie]

They too have a minimum purchase of £100

I don’t think so, I have used chargeback twice with my Tesco Mastercard. I had to wait a certain period, 28 days from memory. Then fill in an online form. Repayment was then very quick.

Chargeback and Section 75

Read the latest policy and guidance from UK Finance: Chargeback and Section 75

www.ukfinance.org.uk

John

 

[toad a caravan]

A 20 kg bag of bird peanuts purchased from a third party seller via Amazon, £16.99 and delivered by “Herpes”. The seeds were left in the water logged glass recycling bin. Ruined.
Amazon tried to help , told seller to reimburse me. All I get is a chatbot reply saying “Herpes” are investigating. Amazon told seller to reimburse. Nothing.
This was a month ago.
CRA only kicks in on purchases above £100.
Beware whilst you think you are buying from Amazon you may be buying from a third party seller. This is made clear but not something I ever paid heed to.
Naturally I have left the poorest review possible about the seller. Amazon are still trying .
I can afford to lose the £16.99 but clearly £99.99 may have been different.
The lesson is be sure you know form whom you are buying when using Amazon or similar.

😟

 

[birdman101]

This seems to be the norm. I had a delivery from EBay not arrive after courier had given me a delivery date. I had to contact seller who then put a claim in with the courier for loss. But seller did replace lost item with another 2 days later with no quibble.

 

[Dustydog]

I don’t think so, I have used chargeback twice with my Tesco Mastercard. I had to wait a certain period, 28 days from memory. Then fill in an online form. Repayment was then very quick.

Chargeback and Section 75

Read the latest policy and guidance from UK Finance: Chargeback and Section 75

www.ukfinance.org.uk

John

Thanks John
Have I missed something? According to everything I’ve read this morning the product / charge must be greater than £100 but less than £30k? Has something changed?

Section 75: credit card payment protection​

If you use your credit card to buy something costing more than £100 and up to £30,000, you’re covered by ‘section 75’ of the Consumer Credit Act. The protection still applies even if you only partly paid using your credit card, for example paying the deposit for a holiday.
This means the credit card company has equal responsibility (or ‘liability’) with the seller if there’s a problem with the things you’ve bought or the company you’ve bought them from fails.

Buckman
Frankly I can’t be bothered but it just goes to show what scallywags are out there!

 

[RogerL]

Thanks John
Have I missed something? According to everything I’ve read this morning the product / charge must be greater than £100 but less than £30k? Has something changed?

Section 75: credit card payment protection​

If you use your credit card to buy something costing more than £100 and up to £30,000, you’re covered by ‘section 75’ of the Consumer Credit Act. The protection still applies even if you only partly paid using your credit card, for example paying the deposit for a holiday.
This means the credit card company has equal responsibility (or ‘liability’) with the seller if there’s a problem with the things you’ve bought or the company you’ve bought them from fails.

Buckman
Frankly I can’t be bothered but it just goes to show what scallywags are out there!

I thought chargeback was different to Section 75 - banks can do it even if credit isn't involved.

 

[Buckman]

I thought chargeback was different to Section 75 - banks can do it even if credit isn't involved.

You can use charge back on debit cards for amounts of less than £100, but I guess most people would not use a Debit card to buy something Online?

 

[Dustydog]

I thought chargeback was different to Section 75 - banks can do it even if credit isn't involved.

Mr Credit card details are held by Amazon

 

[GUMPY]

Had similar with This supplied and shipped by the seller.
I wanted a return did the return then company ignored me completely and didn't refund. Amazon stepped in and refunded me after 7 days then went after the seller. Still marked as incomplete but I got my money back.

It's only one in many tens of my transactions that has been bad.

 

[Benny]

Claim under Amazon,s A to Z guarantee.

 

[Mr Plodd]

It matters not who the supplier is. You paid Amazon so thats who your contract is with, its up to Amazon to sort it all out.
I had an issue a while back when I bought a Baltic Chair off Amazon. Turned out it was being shipped from Germany and I got a hefty bill for import duty for HMRC.
Amazon tried to tell me I had to take it up with the supplier. Once I "advised " them that as I had paid them, and not the supplier, and I provided the customs receipt Amazon refunded me.

 

[Johnb]

This habit of leaving goods on the doorstep, in the rubbish bin or elsewhere is often problematic.

I do sympathise with the delivery driver who maybe has an unrealistic schedule to keep up with but simply to leave a package out in all weathers, and sometimes without ringing the doorbell or even knocking, is hardly on!

So for nothing has been ruined for us but there will come a day!

It might make Amazon modify their delivery methods if items even slightly damaged were returned or, when no attempt to let the householder know a delivery had been made, the item was reported as not having arrived!

No. I'm not prepared to lie but do feel tempted at times. A photo of the parcel on a doorstep proves it was delivered but clearly not directly to a customer. Things do get taken from doorsteps it seems!!!

 

[borderbilly]

Buy your bird seed /food from home bargains and the like, much cheaper. 🐦🐦‍⬛🦉

 

[ProfJohnL]

It is my understanding the Consumer Rights Act (CRA) 2015 covers all retail sales regardless of the value involved.

In this case the quality of the delivery service used by the seller has fallen short, which has damaged the goods through improper care or handling.

Because the delivery service was engaged and paid for by the seller not the customer, the delivery service is a subcontractor to the seller and therefore has no contract with the buyer which is why any complaint concerning the delivery is the sellers responsibility.

The value limits described by the OP do not apply to the CRA, but they are very similar to value limits described in the Section 75 of the Consumer Credit Act 1974, specifically related to any credit arrangements that might have been used. These do not override the legal effect of the CRA.

 

[Dustydog]

Thanks Prof.
Another letter will probably fall on deaf ears. But I will have a final go next week.
Do you think I should involve both the seller and Amazon?

 

[otherclive]

Thanks Prof.
Another letter will probably fall on deaf ears. But I will have a final go next week.
Do you think I should involve both the seller and Amazon?

I would go through Amazon. They sometimes ask you to contact the seller but that is via Amazons mail system so they see a complete record of conversation. I had to do that over an AVF tv console where the birch veneer in the door did not match the veneer on the rest of the cabinet. It worked very well and once AVFs courier had collected the item Amazon made the refund almost immediately of £280+.

 

[Mr Plodd]

Said it before, Amazon are the people who were paid, so its Amazon who are responsible and must sort the matter out. Dont waste your time with the supplier.

 

[GUMPY]

If you are not out of time just return the stuff to Amazon. They will sort it that way. They have to.

 

[otherclive]

When you are dissatisfied with an Amazon product/supply you should go via the order link on your account and select the reason for requiring to return it. If it’s a market place seller Amazon may ask you to refer it to the market place seller via their internal mail messaging system. They give a certain number of days for the market place seller to respond. So they keep watch on the response from the market place seller. Stick to their system despite well meaning advice about returning it. If you don’t receive a prepaid return label then you have to try and return it yourself and it can disappear from Amazons system.