A-Z, buyer keeps item even though they received it

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Seller_VAyRTRlCAKq7A

A-Z, buyer keeps item even though they received it

Hi,
So recently, I sold an item for £650 on Amazon. The buyer claimed the item was far from what was being advertised, however, it was a very minute detail. Regardless, Amazon has gone ahead and taken the money from me and issued a refund to the buyer, the buyer hasn’t returned the item and I’m really stressed out over this.

I delivered the item myself and the buyer signed a contract which states that they’ve received the item, checked the contents and that it conforms with what they purchased.

Can anyone help? Would taking the buyer to small claims court be worth it?

Thanks in advanced

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28 replies
Tags:Returns
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Seller_bhSWqoVh7Pn98
Most helpful replyThis reply was marked most helpful by the original poster.

ESSAY

I note what everyone else is saying, but if Amz pay up, it is not really right, but their loss, so the A-Z Claim Appeal is worth doing. You need to do it right, so maybe reply here with what you are going to put. Remember they often get read by people who do not speak English well, so paragraphs not too long, no complicated words used, etc.

Something like:

Appeal of A-Z Claim.

Buyer purchased ASIN: xxx (put in ASIN No), Order Number: xxx (put in Order No) on xx (Date, format 2 February 2022). Delivery was on: xx (Date, format 3 February 2022). A RMA Return was authorised on xx (Date, format 22 February 2022). RMA number was: xxx (show RMA No). Item NOT received back, so A-Z Claim should have been rejected and the Buyer informed to return the product for a refund to apply.

Buyer received the order correctly (delivered by ‘other’ and we have a signed for delivery if proof required). Buyer could not request a return unless the item had been received.

The Buyer has NOT returned the item, even though authorised to return. We informed the Buyer that we would arrange collection of the parcel once they informed it was ready to return, or they could have returned themselves (we also offered a repair, replacement etc if they did not want to return for refund).

As the Buyer has not returned the item, a refund should not apply. As such Amazon need to repay us, and not count the A-Z Claim against us. A-Z Claim should have originally informed the Buyer to return the item for a full refund, as that did not hapen Amazon are liable. We are happy to still collect the parcel if Amazon can arrange a date to collect as the Buyer is not informing at any point.

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Seller_8Wsckn3UoR095

If it’s advertised as ‘X’ on the listing and it’s not exactly ‘X’ and by your question I insinuate that you also know it’s not exactly ‘X’ then I’m not entirely sure where you stand as you’ve admitted it isn’t exactly as advertised.
Did you disclose that to the customer before handing it over?
Did you know it had a difference before the claim?
I feel if you knew it wasn’t 100% correct and still sold it, it’s carelessness. I also feel you could argue not knowing about the difference is carelessness as you’ve failed to I’ve it sufficient attention. I honestly wouldn’t ask on here but get some legal advice but be aware their help could be more than you’d get in compensation. Small claims is for something simple like not paying an invoice or an injury at work. I feel this is more complicated, but definitely don’t take my word for it, I am not a legal professional by any means.

Have you spoken to them directly since their discovery of it not being the item they ordered?
Is the item used/ in sellable condition?
If so, can you get the item back in person?
If you can do I personally would to keep the loss reduced but then I doubt you can do small claims if you have it back.

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Seller_qZO3ZCjoBXEeL

Did you confirm dispatch within the timeframe, and state that it was delivered by ‘other’ service? It seems likely this has been automatically granted in the way that items can be if they are shipped without verifiable tracking.

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Seller_rZax50qrWcaoG

How minute?

I think @HOSupplies is being a bit OTT about your post so maybe a good idea to expand a bit more, there maybe someone on here who can offer some good advice…

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Seller_oqY6BLduZEGox

I would inform the buyer that they must return the item and provide them a return label. if the item is not returned then take them to court to recover your money. Its 50/50 i find return the item and i have a few who stop talking and i have CCJ’s registered against them

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Seller_tOdoO6kNE8UYm

It might be a daft observation…. But they don’t want to dismantle it, making me think it’s not a little item? But the reason for refund is it’s damaged or defective (doesn’t work)?

Does this mean they intend to leave a large defective item just sat in their house gathering dust? I’d be asking them if they don’t intend to return it what do they intend to do with it?

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Seller_Iti0OkAyMPN7I

Does it not qualify for a SAFE-T Claim ? as not returned ?

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Seller_zjSVzrZV26EFo

if you self delivered then I’d turn up to self collect. if assembly is an issue then insist you’ll help them with disassembly but they are your goods and you require them back since they’ve been refunded. If they kick off I’d just threaten to call the police. im sure they’ll back down and hand the item back to you.

as much as I want to give better / legit Amazon approved advice, I can’t see Amazon offering any successful appeal on this, but there maybe others who can provide the official Amazon route to dealing with this , but that would normally be an Appeal on an A to Z but either way I’d go get your item and just stomach the fact that you may have to disassemble it yourself, but least you get your goods back.

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Seller_sFEUMUfeW5484

You’ve been robbed and Amazon have facilitated that theft. I would send a letter to the buyer, informing them that you will be collecting the item on X date. If they refuse or don’t allow you to, send a letter before action. If still no resolution, open a claim via the money claim website.

https://www.moneyclaim.gov.uk/web/mcol/welcome

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Seller_bhSWqoVh7Pn98

ESSAY

There are 2 issues, the first is trying to appeal the A-Z Claim, and get Amz to pay you, so some questions:

1: What is the ASIN?

2: Did the Buyer request a return, if yes, did you authorise that?
Or, was it auto-authorised by Amz?
Or, did you reject that, and reason given?
Or, Did you ignore the RMA request, or not reply in time?

If no RMA request, then a valid reason to Appeal. However, if you rejected the RMA request, or ignored it, then less hope of winning. It is best to always authorise a RMA request, even if you add notes to say must be as new, buyers cost to return, etc.

3: Delivery, did you log as delivered by hand, other courier, upload a tracking number?
What did you log as (exact details)?

A-Z Claims are usually automatically refunded if no tracking details, so the Appeal needs to show delivered by details in Buyers emails and quote date and time of email as proof, etc.

4: Did Amz email for more details about the claim, if yes, what did you say?

5: Did you admit the item was not exactly as listed in any email to the Buyer, and what was said?

Even if different in any way, a reason for the Buyer to reject the item, then your responsibility to collect it and cover any losses, eg the Buyer disposed of packaging, dismantling costs, etc.

If just faulty, or part to replace to make exact, then a RMA should still be provided. Then email to see if that can be resolved. If no RMA given (if requested), then the reason why you lost the A-Z Claim.

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Seller_NoMNQDGnEW5Bx

To be fair to the buyer, whether they are playing the system or not, in their mind they purchased from amazon and amazon have refunded them and will also hsve told them they don’t need to return the item so they won’t see they’ve done wrong

Do you have the ability to pick up the item fully intact? If so maybe send a recorded letter giving a date and time that you’ll collect it. Then if that doesn’t work, look at taking it further

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