Legal action against buyer
Has anyone on here actually ever taken legal action against a buyer? not just said they would, but actually carried it out??
Have a ‘customer’ who took delivery, claimed there was a fault- was asked for photo. Photo never came. They claim they sent it twice and i’m ignoring them.
Amazon techs confirmed they have not sent any such photos or attempted to and they answer their emails through Amazon! (they may have let a little too much info slip!)
Customer makes A-Z claim and blatantly claims NON-DELIVERY! (in theirs words, not customer support opening the case or anything).
Seller support see what is going on as they were (for once) trying to resolve the claims of photos being sent etc (along with other issues with the customer) and email the A-Z team and tell them the claim is false and to look at emails etc.
I contest the claim as already paid out as its a non delivery claim with no tracking! so of course they will refund. I show all the emails and proof that the customer has lied, yet they stand by their decision!!
So!! The customer has the goods and the money and surprise surprise is not answering emails! has anyone actually ever taken a customer to court to recover the monies wrongfully given back to them?
As I only get about 3 or 4 A-Z claims a year that I have to pay, I tend to let them slide, but this is such a clear case of ‘fraud’ (for a better word)! and I am sick of customers trying it on and being allowed to by Amazon!
They may as well have CCTV of them stealing from me and saying they cant see anything!
27 replies
Seller_2MDS66zdjPMUU
Unless a good proportion of sellers start to send letters before action for this sort of customer and where it is obvious fraud take it on to a small on line claim it will not get any better. Its all very well complaining about Amazons compacency -which incidentally Ibelieve is complicit in thie customers fraudulent activity . But it is hypocracy for sellers to do nothing either when there is a resolution to hand thst in the first instance costs the price of a recorded delivery letter.
Seller_2BrPSydGy6oyq
+…has anyone actually ever taken a customer to court to recover the monies wrongfully given back to them?+
What difference would that make, every case is different, even on the same issue judgements may differ depending on the evidence presented, the chances are the buyer will not turn up, so you win by default if it goes that far.
As advised, a letter before action needs issues anyway before you can issue court papers and may resolve without the need to take it further?
Seller_XrsxyuONn8r2w
I wanted to know if anyone has actually done this? I’m not worried about the letter before action (that’s a formality)
It’s from the point of view that Amazon give you a policy warning for threatening legal action in emails
Seller_5xogxoILPrN4X
Hi
I taken several and have reclaimed the money plus interest and court costs, dont let them take advantage, just go to Money Claim Online and fill the details out online, simple
Seller_jjQ4dQOPjTmqs
Oh ok, it just sounded like you intended to! +It’s from the point of view that Amazon give you a policy warning for threatening legal action in emails+
Seller_AZX1paZWSlmiH
We have used debt guard solicitiors online claims service with quite a few charactors now and again and won each time, its the best method, step by step and all automated
Seller_SHpe5c4eREBFN
Just a note on this guys. The pre-action protocol changed late last year and is now far more onerous, detailed and complicated. It is no longer just a letter but a whole host of information and forms including an income/expenditure anlaysis of the buyer to assess if they can afford to pay. Of course all of these scammers should be able to afford to pay because they rarely pay for anything else!
In a way though the new process may work to your advantage as if they don’t complete and return those detailed forms you then have the right to commence the court process.
Seller_dl5O35GVF6pBt
I would’nt hesitate legal action with a case like yours. Its clear its fraud.