How Do I Take Amazon To A Small Claims Court?

[wiltsman]

I wish to take Amazon to a Small Claims court to recover money lost due to, what I consider, their incompetence in allowing a Chinese company to operate on their web site without ensuring they fully complied with 'Amazon's Marketplace Participation Agreement'. I do have definite proof they failed on this point.

The problem I have is the fact that, although they currently have a UK address in Slough, I understand they do not own or operate the website of the same name. Instead the UK business operates Amazon's British warehouses, buying teams and other functions. It sells these services to sister Amazon companies overseas, mainly Amazon EU Sarl, the European headquarters company.

I need to know if I can issue a Small Claims Court summons to Amazon at their Slough address.

If the answer is 'No', what can I do?

[wiltsman]

For clarification, Amazon EU is a SARL company in Luxembourg. Though to be honest, I don't reallly know what a SARL company is!

[Buenchico]

No court would upheld a claim against Amazon unless you'd correctly submitted an A-to-z Guarantee Claim Form and Amazon had failed to honour that guarantee. So, did you submit a claim form?

[Buenchico]

'SARL' is roughly equivalent to 'Ltd'. (Société à Responsabilité Limitée)

[SirOracle]

SARL is more or less the same as a Limited Company in the UK.

[wiltsman]

Buenchico - What with the Chinese Company dragging their heels, and Amazon also dragging their heels, I was getting nowhere. Then I was told by their Executive Customer Relations department that I was no longer covered by the A to Z Guarantee Protection and they were unable to intervene with regard a contract between buyer and seller such as this.

[Buenchico]

It's still not entirely clear whether you followed the 'pre-action protocol' (i.e.actually completing a claim form) which a court would normally require you to do.

However this is probably the link you'll need anyway:
https://www.gov.uk/recover-debt-from-elsewhere-in-european-union

[wiltsman]

Thank you Buenchico - The background to this is very complex and It's annoying how Amazon has treated me. It's like dealing with automatons.

It seems it's also very complex trying to get redress from a foreign company, which Amazon is.

I'll probably finish up by going through life avoiding Amazon whenever I can. Ah well - there goes my Kindle!

[hc4361]

I honestly don't think £60 is worth so much stress and aggravation although I do sympathise, it is horrible to believe you've been 'ripped off'.

I do have one idea, though. The fortnightly magazine Computer Active has a 'Consumer Active' section where they tackle problems just like yours. I'm not guaranteeing your case would get published but it is worth a go. The magazine is £2.

[Buffalo-Bill]

Shake it off and move on

[wiltsman]

Thank you all for your replies.

You're probably right Buffalo-Bill with your advice: 'Shake it off and move on ', the only thing is I bear grudges!

I think we all need to remember that although Amazon may have a .co.uk suffix to their website address, they are a foreign company, and if anything goes wrong with a product bought through their site, don't expect much help from them.

[hc4361]

I buy almost everything from Amazon, rarely the MarketPlace, and I've had no problem. My blackberry phone stopped working after 11 months and a quick phone call sorted it out. Returns label printed off, full refund received in my bank a couple of days later.

Funny enough, I bought the same dashcam as you, probably from the same seller. Fingers crossed it keeps working

[wiltsman]

hc4361 The Dash Cam I bought was superb when it was working, fantastic definition. I bought it from a company called E-PRANCE, who I discovered from Amazon's Customer Escalation Team based in the Unites States, had failed to follow guidelines laid down by Amazon in their Marketplace Participation Agreement. Point 5 of that agreement states that 'You have to provide a local return address to your customers or offer them free shipment for returns'. Amazon instructed E-PRANCE to comply with that regulation, but they promptly ignored it. It cost £12.45 to return it back to China but E-PRANCE also want me to agree to cover the cost of returning it, even though it is within their One Year Guarantee. Amazon are aware E-PRANCE are not operating within their Marketplace Participation Agreement, because they gave me an Amazon Gift Voucher to cover the cost of me returning it, but then they seemed to lose interest in my plight.

[hc4361]

Mine is from E-Prance, too. Agree about the definition, it does seem to be a well built piece of kit. Disappointed to hear yours failed

[rupal700]

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