A-Z Claim Item not as described but also not received!


#1

A customer has purchased an item from me and then left 1-Star negative feedback claiming that the item is not as decribed. I tried to resolve the problem with him but my response fell upon deaf ears. A few days later I received an A-Z Claim for non-receipt.

As he had already left negative and opened an A-Z anyway I decided I had nothing to lose by defending the claim (and I also thought he had shot himself in the foot by admitting he had received it). The problem is that I appear to have received an automated response from Amazon requesting tracking details, signature etc which I can’t provide because it was sent without tracking (seller fulfilled).

My question is… Is there any way I can win this A-Z or am I flogging a dead horse? It would be nice if someone at Amazon actually read my response because to me it is blatantly clear that the customer is a scammer and is trying to get a free item and abuse the A-Z system. If he had just said it was lost in the post I would have just refunded without question, but the fact he has already admitted receipt must count for something???

I’ve got 3 days to submit further information, any advice would be appreciated.


#2

you need Kika’s help on this one.


#3

If the claim reason is “Item not received”, then you won’t be able to successfully defend it without any proof of delivery.

Amazon will not acknowledge the fact that the buyer left you a negative feedback complaining about the item being not as described.

I can only suggest you to send the buyer a Letter Before Action and try to pursue the matter by legal means.


#4

The problem will be that the buyer has an easy escape from your claim that s/he received the item because they left feedback confirming they had received it: they can simply say they made a mistake and that the feedback was intended for a different item. So, yes, you are flogging a dead horse.

We had a similar situation like this even when there was tracking. Customer left positive feedback, then took an A-Z claiming he had not received the item. We produced signed tracking data. He said it wasn’t his signature. Amazon refunded him at our expense.


#5

I thought they weren’t supposed to do that, that their rules were that any signature and proof of delivery to the right address are sufficient to deny the claim. After all, most buyers don’t live alone* and anyone else in the house could sign for a parcel, so of course the signature won’t be the buyer’s. DOH

  • most buyers don’t live alone. On second thoughts, maybe they do, that’s why they spend all their time scamming Amazon sellers :face_with_raised_eyebrow:

#6

OK, thanks KMDP. Amazon have already refunded at my expense. I’m not bothered about the refund as it’s only 12.99 (even though I know I’ve been scammed because I expect that to happen sometimes), as a small seller it’s the negative feedback which really hurts and the buyer is probably aware how badly that affects me so it seems vindictive for reason.


#7

vindictive for no reason


#8

I would imagine that the problem is if the package is left with a neighbour they will argue that the neighbour never gave it to them. Or a dodgy courier could have signed it themselves and kept it or left it on the doorstep and it got nicked.


#9

In that case, there’s no point in any seller using signed/tracked delivery, or being forced to do so by Amazon’s policies. The information is worthless if Amazon are going to ignore it. Yeah, I know, I’m expecting Amazon to abide by their own terms and conditions but there are other posts where sellers have quoted the precise wording of Amazon’s rules about INRs with signature/tracking and KMDP’s case should have been closed in his favour


#10

If using Royal Mail then I think the only worthwhile tracking service is Special Delivery because it has to be signed for by the person it is addressed to so that would be definite proof.

Recorded delivery can be signed for by anybody so it doesn’t prove that the customer received it and is more or less a complete waste of time. I had an instance when I sent a package by recorded delivery and the customer claimed non-receipt. I thought he was trying it on, he thought I hadn’t posted it and there was a bit of a dispute. It turns out it had been left with a senile old dear in her 90s who lived a couple of doors away who had signed for it and then completely forgot all about it (and the postie had not left a card so we only figured out where it was by complete chance as the signature was illegible too).


#11

Afraid not. Quote from Royal Mail’s website, covering special delivery as well as other signed for services: The signature shown will be the person who accepted the parcel. It might not match the name on the address label.


#12

And the same goes down Amazons own tracked and signed for items which don’t have to be signed for by someone living at the address.


#13

It should, according to Amazon policies, but then it was probably a bot who dealt with it and, like the OP, we couldn’t be bothered to go through the rigmarole of chalenging it. But this is the essential problem with Amazon - their policies are window dressing, they ignore them all the time, they have bots making decisions only humans should, they deliberately make it difficult to get a proper appeal heard, and the seller is simply frustrated. These are some of the reasons why we are quitting the platform in September.

What is really required is an independent third-party adjudicator or ombudsman hearing and deciding upon disputed cases on online selling platforms, something much fairer than the company itself but less officious and time-consuming and expensive as court proceedings. I’d like to see something like that established by law.


#14

This is the Amazon policy that I referred to in a previous reply:image


#15

I THINK IT IS A LOST CAUSE - ACCEPT YOU HAVE BEEN SCAMMED AND MOVE ON
We fulfilled an order for a £300 Light Therapy unit as ordered
Customer said not received - Tracked it and it had been signed for
Customer then claims we sent the wrong unit and she wanted the one with blue lights
Explained she had ordered the wrong product but we would happily supply the unit she wanted if she paid the additional cost for the new unit of £86 - we would ship an rely on her to return the wrong unit
Radio silence - no customer response - instead she request RA (Return) - we issued immediately
She then puts in an A-Z Guarantee claim which is allowed and our account debited.
We appeal and it is turned down and told by Amazon that she is not obliged to return the unit. So she scored a free £300 product.
Amazon then say the unit was “Defective” and ruined our 100% performance record.
One last twist is that all our products are 510K FDA approved. We have to log any reported “Defects” in our FDA log for Health and Safety. But we dont have the unit for compliance inspection. Guess we have to sue the customer for our unit as we clearly have Title and Amazon, as well, for the “Defect” classification.
Good luck with your scammer - there must be a lot out there who make their living by using the Amazon A-Z Guarantee - The sad thing is Amazon have a robotic reply and very little sympathy for the seller


#16

@Brilliant_Light_Ther
In your case I would not hesitate to send a Letter Before Action [snail mail signed for] to your customer demanding return of [include a pre paid label] or payment for your goods by XXXX date to avoid you opening a small claims court actiion against them whereby they would face not only paying for the item but also the court costs and your reasonable admin fees of, say, £150, for dealing with this.
Just because Amazon side with the customer and penalize you it does not mean that you have to roll over as you have recourse to the law as well.
Amazon do NOT worry about you taking such action, as has been reported on here many times, so don’t worry about your account if you do go legal.


#17

Adrian, really appreciate you shedding light on this unfortunate matter. We could not see the wood for the trees, probably, because we were so upset and frustrated by the Amazon response.We are taking the action you suggest and hope we can get a resolution from the customer. Our main objective is to get the unit returned as it has been designated by Amazon as “Defective” . The US Federal FDA may trump Amazon in this matter! Bottom line we have been scammed for £300 but the implications of a reported “Defective” FDA 510k registered device has far reaching consequences for enforcement of “Health and Safety” regulations. .USA compliance have asked us to request from Amazon the details of the “Defect” they have registered. Probably never get an Amazon response to the request ! Thanks again, Dr Richard


#18

Thanks Kika, that’s what I thought was probably the case. I expect the buyer knows that too :wink: I’m not going to pursue action through a small claims court, I’ll just bite the bullet and write it off. Maybe I’m just too soft but I can’t be bothered with the hassle of it.