Taking legal action against a buyer - now inauthentic claim
Hello all
Looking for a bit of advice regarding a customer who has left us some factually incorrect and libellous feedback.
The customer has stated in their negative feedback that we sold them a fake item, prior to listing we had to get approval to sell this product across all marketplaces which of course amazon accepted our invoices.
product compliance sent us a message and suspended the listing while they investigated the return, this took 24 hours and we got a reply saying “We have reinstated your offer and closed the investigation”
We have emailed the buyer and requested that they remove the feedback and even provided our invoice to reassure them but we have had no response.
So we are now considering a pre action protocol letter for defamation as the feedback is quite hurtful and very damaging to our reputation i have spoken to a few solicitors who have said we have a case as we can prove authenticity with the invoice and the distributor has agreed to help and provide further supporting documentation to assist in any court action and it will be up to the buyer to prove what they have written.
If i continue with legal action will this put my account at risk? The letter isn’t cheap but i dont want the bots picking up on this feedback and going through the whole POA and of course i dont want our reputation tarnished by this false accusation.
Or do i take it on the chin try and forget about it and move on as we have already provided the invoices to amazon.
Of course amazon won’t remove the feedback we have tried multiple times
Its getting far to stressful these days selling on here it seems a customer can say or do as they please and destroy someones livelihood and name with no recompense and we the sellers have to just take it.
Any advice is most welcome.
55 replies
Seller_z6B2L9xab6HlP
It might be worth speaking to your solicitor about adding Amazon to the case as the first respondent, with the buyer as an additional respondent.
Recently Amazon have suspended a seller’s account for taking legal action against a buyer. I think the buyer received the item and complained about it so Amazon provided a refund.
Seller_NztioSuqbYjyX
You can take legal action outside of the amazon system
If you threaten amazons customer with legal action through the messaging service amazon will either warn you or suspend the account
Tried and tested before by myself
Seller_n33KwLeg9XOvi
The Do’s and Do Nots are all listed in the Participation Agreement;
https://sellercentral.amazon.co.uk/gp/help/201190440
Which in turn offers additional Related Articles down the right hand side of the browser page.
I would not suggest you seek help on this forum for your dilemma, but make your own business decision based on the circumstances set before you.
Seller_amUAzjvL5uIzu
Send a copy of this to:
Amazon.co.uk
c/o The legal Department
1 Principal Place
Worship Street
London
EC2A 2FA
Notice to Amazon.co.uk of Defamatory Content
In the matter of www.amazon.co.uk
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
-
I refer to the website www.amazon.co.uk (“the website”). I make this statement in support of my giving Amazon.co.uk notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
-
The defamatory words (delete whichever paragraph is not applicable):
(a) appear in a book being sold by Amazon.co.uk via the website entitled [please state the book name and its author]. The defamatory words appear on page [please state the page number(s) where you consider there are defamatory words].
OR
(b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].
-
The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
-
These words are defamatory because [please state why you consider the words are defamatory].
-
The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
-
I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated:
Seller_sEpIi3jgjuVQL
I understand your frustration when it comes to customers saying anything they like and having an impact on your listing. However I would suggest that you take this on the chin! Swollow the pride! product reviews can be pushed down the list. concentrate on emailing your new or previous buyers to make a review on the product. You can also search for high valued customers on Amazon who give feedback, as these buyers reviews go straight to the top. Contact one and ask them to review your product. hope it helps. Also most people will know looking at reviews that the item is not fake and its just someone being bitter. customers arent stupid.
Seller_EJIX7rqDNQJi2
Suing an Amazon buyer over a negative feedback is a very bad idea and could get you banned from selling on the site.
Personally, I wouldn’t risk it unless you don’t value your account.
Here is a recent case of a seller losing his account after threatening to sue a negative reviewer:
Seller_gYTgRdaeiyk4L
Their feedback system not fit for purpose. Any buyer, or competitor could ruin your business with a single feedback! Because it is a one-way system, these feedback add very little value to the community. To make matters worse, the support teams are bias.
Seller_EKwHK9dQxp1Mx
As frustrating as it is the best thing to do is to add your own comment below the negative feedback you have been given.
This has happened to me where a customer claimed I hadn’t sent her item and she sent me 30 e mails over 2 days demanding a refund. On her feedback claimed she never received the item and I had taken her money.
Amazon investigated and as it was a signed for item denied her claim. They would not remove the feedback which was so silly as it was obviously untrue. I stated under the feedback that amazon had investigated her claims and they were false and she had received the item.
To take her to court or Amazon is so time consuming and possibly expensive. I just don’t think it’s worth it.
Seller_xkcvnJqrOaZ7Y
You can formally request them to remove it, give them a certain time frame for them to remove it by, Inform them of every step you would take if they do not. Explain about the item and you can prove in court (If not fake) with all invoice. You can claim via money claim. just google mcol (Money Claim On Line) and it is the top one.
I have started to do this because I am sick to death of getting negatives and people returning old damaged items for new item. I do not mind getting negatives if I’ve deserved them or having returns for genuine items. Last year we lost every between £500 to £2000 every month for people returning fraudulent items.
You have to be prepared to travel to the part of the country the customer lives in, however if you are successful in your claim you can claim you expenses back (including the original fees to open the case)
Seller_OPIGLOYfyTIdQ
DO NOT send any messages but send a taxman that way.