How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I purchased a computer from Amazon Market Place - We plugged

Resolved Question:

I purchased a computer from Amazon Market Place - We plugged it in and noise from the fan was too loud. We arranged for this to be returned and asked for a refund. For about 3 weeks they denied they had got the computer back - I produced City Link 'signed for delivery form' they had signed when they received it. The firm, through Amazon, have refunded £173. only and kept $99. saying Distance selling Reg. 2000 says they cannot refund the software Microsoft Windows £99. But I can now use the Windows Licence. When I purchase a replacement computer it will already have windows on it! This computer was for a handicapped person.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I assume you have the sellers address as well as you sent the items back please?

Customer:

JW ENTERPRISES ***** Rushden Northamptonshire NN10 9YW

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Customer:

tHE COMPUTER WASPURCHASED THROUGH aMAZON mARKET pLACE They have refunded £173 and kept £99. because they say the 'Distance selling Regulation state they are not allowed to refund money for software - but this was already in the computer?

Alex Watts :

Yes I agree.

Alex Watts :

You are entitled to a 100% refund.

Alex Watts :

If you paid by credit card contact the credit card issuer.

Alex Watts :

But in any event you could sue Amazon if you wish

Alex Watts :

They are responsible and it would cost them more than £99 to defend any claim

Alex Watts :

But the process is the same above

Alex Watts :

Can I clarify anything else for you?

Ash and 2 other Law Specialists are ready to help you