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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70695
Experience:  Over 5 years in practice
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I sent a package to Amazon containing 40 items. It was sent

Customer Question

I sent a package to Amazon containing 40 items. It was sent through Parcelforce at my expense. An Amazon representative has signed to confirm receipt. The parcel has "disappeared" in the Rugeley Fulfillment Centre since being signed for on 18/09/15. Amazon have refused to investigate and search for the package. What are my options?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are they refusing to compensate?
Customer: replied 2 years ago.

At the moment and since 22/09/15 they are refusing to even search the facility unless I provide invoices to cover the ownership of the items inside. Then they will search. The invoices and value play no part in their compensation scheme as they apply a flat rate value if appropriate.

Expert:  Jo C. replied 2 years ago.
Can you not prove ownership?
Customer: replied 2 years ago.

I have sent copies of invoices covering the items. They won't accept the format some of them are in!! I have argued with them that I cannot see why I have to prove ownership to them as the information has no relevance to any compensation scheme.

Customer: replied 2 years ago.

This is what was asked for and what has been supplied

"In the meantime, to help facilitate faster research, could you please provide the following information:

The invoice for the units sent with this shipment. We will require this documentation in the event that we cannot locate your missing units and need to process a reimbursement request with our payments department.

The invoice must show the purchase of the products from a supplier or manufacturer and include:
- The date of that purchase
- The titles of the missing units
- The quantity purchased"

Expert:  Jo C. replied 2 years ago.
Well, that may well be unreasonable. They are entitled to demand proof that something was sent in and that the quantity was the amount you describe. Otherwise they would be open to scams and there are people who would do that.
What they are not entitled to do is demand unreasonable information to try to obstruct a proper claim.
If you can prove that something was sent, which the signed receipt would do, and in what quantity you could always sue at the small claims court.
I don't know though whether or not Amazon have an address in the Uk. I am fairly confident they do not for lots of reasons.
You might be able to find out where the compensation scheme underwriters are based. If it is not underwritten by an external insurer then you are back to claiming against Amazon.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Yes I am aware that there are scammers out there and I would fully accept there needing proof of what is in the parcel BUT after they have at least searched the facility. To find a reasonable sized and well marked up and described parcel isn't a major task and if it isn't there after having signed for it then that raises the question of theft. A different matter.

Their unreasonable demands are without actually having carried out a search. Proof of ownership is not confirmation of what is in the parcel.

Compensation from what I can see is purely flat rate per item regardless of actual costs.

They do have addresses in the UK and a UK Managing Director. The legal department address they fob you of with is in Luxembourg.

If I get my solicitor to write to them what regulation could be quoted to gain attention?

Expert:  Jo C. replied 2 years ago.
You just need any address from which they are trading in the UK to issue against them.
I wouldn't quote regulation. This is the small claims court. There is no need to quote law.
Just write to them saying that X was sent in and you have evidence that it was received and you seek compensation by Y date. If that is not paid you will sue and seek costs and interest.
Customer: replied 2 years ago.

Would emailing the Fulfillment Centre in Rugeley where the parcel was sent to be OK or does it have to be in writing? They gave me 2 days to provide the invoice information and I will give them the same.

Expert:  Jo C. replied 2 years ago.
I would send a letter recorded delivery.
There is nothing to stop you also emailing.
Also, give them longer than two days. You want to be able to show you have behaved reasonably if this ever gets to court.
Customer: replied 2 years ago.

Thank you............ I will have a go with a recorded delivery letter.

What is the Small Claims court limit please?

Expert:  Jo C. replied 2 years ago.
£10,000.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

The parcel turned up miraculously the day before the date I gave them as a deadline for a small claims court case!! All of the goods have now been added to my inventory. There is however another issue with one item. Amazon have said this item arrived damaged. They have provided no evidence of this and I don't doubt them BUT...............14 days after delivery almost it may be difficult to claim against the shippers. Not sure now how to proceed.

Expert:  Jo C. replied 2 years ago.
Does the document signed when it was received say it was damaged?
Customer: replied 2 years ago.

No

Expert:  Jo C. replied 2 years ago.
Well, the likely explanation then is that it was damaged in their store room.
You can always sue them for the difference.
Customer: replied 2 years ago.

The difference between what and what??

Expert:  Jo C. replied 2 years ago.
The value of the time in good order and it's value damaged.