Me Vs Amazon update (Small Claims Court)

Bunch of twunts

The court, no surprise, found in my favour on May 2nd. Amazon didn’t submit a defence. In fact, from what I can gather by the fact I’ve received an “Extract for Payment”, they’ve not responded to the court over the judgement either. I’m not sure what happens next, whether Amazon get in touch and send me a cheque or if I have to chase them. I’ve emailed the court to find out.

In the meantime, I posted the following to Amazon’s UK facebook page. Feel free to like/comment until they inevitably remove it. [and this one, as the “posts from others” seem to be hidden while this one isn’t – hell, post your own messages!] I wonder if they’ll block me the way Arnold Clark did as well when I posted that they were pirates and thieves?

Yay! My Small Claims case against you finally came through after you refused to acknowledge your responsibilities under the Sale of Goods Act to have my rather expensive tablet repaired. No surprise there as everyone under the sun other than your “customer lack-of-service” department knew you were liable.

Love how you sent me a “we won’t admit liability, but will give you the cash if you sign something saying you won’t tell anyone why we sent you money” letter during the case. That’s pathetic.

It seems you’ve not replied to the court at any point during these proceedings, either to put up a defence or to respond to the award being issued in my favour. Please don’t tell me I’m going to have to get bailiffs sent in…

Much love from an ex-customer.

13 thoughts on “Me Vs Amazon update (Small Claims Court)”

  1. The reason they probably didnt submit a defence or anything else is that amazon, ltd did not sell you anything. Amazon EU Sarl did.

    And while amazon EU sarl do submit to the jurisdiction of the UK courts (they have to due to the rome convention I believe)…..the contract of sale is governed in accordance with the laws of the duchy of luxembourg.

  2. An interesting point. But it does lead to the question as to why I was, therefore, allowed to take action against Amazon UK if they weren’t the vendors?

  3. Well when there is no response/defence files, a default judgement is made. A default judgement means there has been no trial/hearing to determine/scrutinise specifics and your claim has not been won by merit – just by default. However if you then try and enforce that judgement against, they would likely apply to have the judgement set aside for the reason that they were never in contract with you.

    There is a way to do cross border claims in the EU – just you need to use special forms

  4. Which makes it more difficult and therefore you’d expect Amazon to try and push you to do it. But they don’t, they just cough up anyway.

  5. Most of our consumer rights comes from EU legislation. So often there is very little difference country to country (there are some quite significant differences though – in EU legislation the member state need only give consumers 2 years to take action for faulty goods….the UK limitations acts are 6 years from purchase in england & wales, and 5 years from discovery in scotland).

    I also suspect they dont want too much attention draw to the fact people arent buying from the UK when they buy from them. They’re the UK’s biggest online retailer (over 4billion in sales per year if i remember right) – imagine the extra tax (and possibly extra administrative jobs) that would provide if those sales were made from a UK company.

  6. Absolutely. But in which case why force people to go to court in the first place? Answer: because most people won’t bother, thus saving Amazon money despite the fact that they’re refusing customers rights under the legislation you mentioned above. Simple fact is, their behaviour is terrible as far as consumer rights are concerned.

  7. How did it turn out in the end, then? Have they paid up? And did they do so voluntarily or did you have to somehow chase them for it? I’m about to embark on a similar quest myself… Thanks.

  8. Yes, they paid up. They pretty much left it to the last legal moment (as PC World did some years ago when I had a similar issue with them) and I did have to email them the court documents – just in case they “hadn’t received” or mislaid their copies – but they did indeed pay up.

  9. Glad to hear it. I’ve read your other post as well. Did you have to actually attend court at any point (not that this would put me off)? And how did you actually get the correct address (and/or email address) for Amazon to give to the court?

  10. Nope. No need to attend court at all. The only time this would even be remotely necessary is if they lodged a defence… which they (apparently) never do. Do note that anything purchased after October 2015 is subject to new laws, but the protection is similar.

    I can’t recall where I got the address from – I think I actually asked Amazon for it, or it was in one of the emails they sent when I demanded someone to mail my complaint to.

  11. It’s important for us as a consumers to not forget that the huge power of Amazon comes from us. So, if Amazon is not a reliable supplier, we should denounce these situations.

  12. I am considering small claims court with Amazon. Upon delivering a package I wasnt in so they left it in a safe place. The safe place they decided on turned out to be my locked shed where they decided to smash the lock in the process. I took photos and was assured it would be resolved. Some 10 emails and 8 calls later they have decided that the evidence is insufficient and they will therefore be closing the case, this despite the courier admitting fault to me!

  13. Hi Mosh
    I am in a similar situation now as you were some years back.
    I have a default court judgment against amazon as well, but not sure how to execute it. Who did you contact to have the money paid to you?

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