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Amazon don’t want to refund for AirPods telling me to wait

Posted 7th Dec 2022
So has anyone had such a bad time with Amazon regarding a return, I bought some AirPods Pro from Amazon back in September (launch day I think), they wouldn’t charge with the lighting cable, contacted Amazon sent them back a few weeks ago my only option being a return with Evri….in typical Evri/Hermes fashion they’ve managed to loose them or something as the tracking stopped and they weren’t picked up for over a week. I’ve contacted Amazon and they are point blank refusing to do anything about it and keep telling me to wait until they are returned. Stupidly I put them on a payment plan so now I’m stuck with that so no easy way of a chargeback through the bank, I wouldn’t know how to even proceed with that because obviously it’s multiple transactions and it’s not even finished yet and it would probably get me banned from Amazon, I don’t know what to do. I understand that they are probably classed as a high risk item but this is just ridiculous. I don’t know what to do or how to proceed, I don’t need this type of stress with everything else going on in my life, just some advice would be great, what would you do? I’m I covered by any laws or anything? I’m usually good with things like this but I can’t think straight at the moment.
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  1. Avatar
    Notify the ignorant Amazon chat jockeys about the intention to exercise your final right to reject the non-conforming goods and request that phrase is escalated up the chat team hierarchy to somebody who knows something about local legislation,
    based on:

    OP text implies Amazon contracted the courier and there is a record that the courier / courier's agent has receipted the package "few weeks ago".
    Both those observations effectively absolves the sender of any further responsibility.
    OP may now reject the non-conforming goods, as:

    contractually OP has
    (b) the right to repair or replacement
    Consumer Rights Act Section 19 (3)(b) archive.ph/ahcuv
    and the trader must
    (a) do so within a reasonable time and without significant inconvenience to the consumer
    CRA Section 23 (2)(a) archive.ph/sTnzx

    The buyer can notify the trader of final right to reject because
    (c) the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.
    CRA Section 24 (5)(c) archive.ph/ZEzDK

    Could attempt to formally notify the trader of final right to reject via Amazon chat / messaging but not ideal (Amazon chat jockeys generally have zero training / perception of Consumer Rights Act) so may need to instead write to the trader's address as stated on the invoice, where the invoice is accessible via Amazon order history.
    No need for a rambling story, just the order ref and a few dated bulletpoints culminating in RTR notification.
    Regardless, it would be prudent to initially both notify the ignorant Amazon chat jockeys about the intention to exercise final right to reject and to request that phrase is escalated up the hierarchy.

    Automated payments should cease when the trader acknowledges the RTR which should also trigger refund of any historical payments.

    Highly unlikely any of above above will be plain sailing.
    Avatar
    Author
    Thank you, trying to read through all of this, i mean it was Amazon that offered for me to send it back for a refund and according to the person I spoke to the only option it gave her was Evri drop off, print label Instore.
  2. Avatar
    Thank you, trying to read through all of this, i mean it was Amazon that offered for me to send it back for a refund and according to the person I spoke to the only option it gave her was Evri drop off, print label Instore.

    OK, respect to the trader for offering a refund when only a repair or replacement was due, in which case modify the message to be sent to chat and optionally any letter to be sent to trader's reg office:

    The non-conforming product has been in your agent's possession in excess of 14 days in which case my refund is overdue as defined by Consumer Rights Act 2015. You will immediately process refund of all monies paid and cease and further payments related to the contract.
    If you are ignorant of Consumer Rights Act you will immediately pass this chat to a senior associate who has appropriate knowledge of Consumer Rights Act.
    It may be easier to simply process the refund now and coincidentally cease further payments.
    Please indicate which resolution option you are about to implement.

    Based on CRA Section dullness blah:
    (15) A refund... must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
    (16) If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.
    (17) The trader must not impose any fee on the consumer in respect of the refund.
    archive.ph/UYRYL
    Avatar
    Author
    Oh thank you so much!!!! I’ll give this a go, anything is better than doing nothing and I’ll see where it gets me, hopefully I’ll eventually get a result!
  3. Avatar
    I can empathize with your predicament. I too am suffering from failed customer services - Virgin Media (intermittent internet, TiVo & land line), Lebara (overcharging), HP (failed delivery of instant ink, HP (HyperX - unable to process a warranty claim). Couriers failing to deliver on time, other online orders stuck in the "preparing to dispatch" phase. I can't find the warranty details of my Candy tumble dryer - it keeps tripping the RCD when it's used, my dentist has gone private only and my dental insurance no longer covers me. I have to pay £20 to get documents notarised, which need send to the Cypriot consulate which costs £25 to post plus another £30 to have them authenticated - I have to do that 3 times! So ho ho ho Merry Christmas!
    Avatar
    And I thought I had it bad,. A little bit late now but I think I have an answer for you.

    Just put your headphones on listen to music and pretend all these problems don't actually exist
    Or dig a big hole and put your head in it and only come out when everything's better
  4. Avatar
    I've just sent a car seat back (28th) lucky Amazon took it ordered in Feb 2021 but sent back with evri just says waiting for collection and Amazon have told me to just wait 14 days and see what happen after that time
    Avatar
    Author
    That’s what happened to me…and now I’m here. Hopefully they won’t cause as much fuss over a car seat. I mean I get that some people would try and scam them over AirPods but that’s not me.
  5. Avatar
    Document everything in the chat with Amazon - they screwed me out of a pair of Airpods by sending them back to me unrepaired and delaying till the warranty ran out. They are con artists!
    Avatar
    Any manufacturer warranty is gesture of goodwill so irrelevant if expired.
    The product quality and durability obligations are with the (unstated) trader that sold the non-conforming product to you and exist for up to 6 years from receipt, unless you live in Scotland.
    Trader is also obligated to arrange/pay for any and all shipping requirements to fulfill its obligations.
  6. Avatar
    After all this time time to get the CEO team involved. 
    Avatar
    Author
    Thank you, that would of been something I’d of looked into if I hadn’t literally just as you posted this got an email with the refund great timing 😄
  7. Avatar
    Author
    Well I have no idea what happened, I didn’t get around to contacting them tonight but I just received an email informing me my refund has been issued oh well, thank you everyone for your help, maybe the complaining earlier on helped maybe they just queued up to be checked I guess I’ll never know.
  8. Avatar
    I feel your pain OP. Recently I've been trying to return a faulty TV and I was trying for close to 3 weeks to get it done. Multiple live chats to the drones, some taking 90 minutes or more, and multiple bookings for Evri to pick it up and nothing.

    Evri even flat out lied about attempting one collection when I was at home waiting.

    I eventually asked if another company could be used and asked for DPD, which they agreed to. And they turned up the next day, job done.

    But then I've also had trouble after returning an M.2 SSD to them which is still ongoing. I had removed the label on the SSD to install it into the device I had also bought, but when I checked with Amazon before returning it, I explained this fully and they said it was fine and agreed to the return.

    A few weeks later I get an email saying they'd received the item and that since it was the wrong one, they'd binned it and were "inviting" me to return the correct one or they'd recover the refund they'd already issued. I appealed the decision and got an email back saying that they'd rejected the appeal, their decision was final and any further emails wouldn't be responded to.

    Emailed Jeff himself and someone got in touch with me to suggest that they'd drawn a line under it and accepted my explanation, that was until 2 days ago when I got another reminder to return something I'd already returned or else.
  9. Avatar
    Who made the choice to use Evri? Not clear from your post.

    If Amazon then they should deal with it.

    If yourself then surely in the first instance you should be chasing evri not Amazon?
    Avatar
    I think you can chose from a selection of couriers..doesn’t mean sender is liable though surely
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