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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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This week i purchased a laptop during the Amazon prime day

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Hi there, this week i purchased a laptop during the Amazon prime day sale. It was sold and dispatched by Amazon. The product that was delivered was a different model and specific, different model code etc. Not the item purchased. Original retail price £999, sale price I purchased £750. After a number of contacts with customer support they would not send out the correct item that I purchased and offered to refund me my £750. I pointed out that the very same item is still for sale on Amazon by the
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Amazon uk purchase this week
JA: What steps have you taken so far?
Customer: cpntacted customer service, taken photos of item and delivery note and sent to Amazon. They are just offering refund with no explanation
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The item is back on sale at full price and in stock
Customer: replied 5 days ago.
The item is on Amazon for sale at the original price of £999

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. Your consumer rights have been breached here because the laptop was not "as described", so in breach of the Consumer Rights Act 2015. You could ask them to honour the contract and send you the laptop you purchased for £750 - they may do this if you threaten legal action. Or you can ask for a full refund.

Unless Amazon refunds you in full then I would recommend that you send them a formal letter before action to demand payment within 30 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation. Their address: Amazon UK Services Limited, 1 Principal Place, Worship Street, London, EC2A 2FA
You may also want to threaten a report to Trading Standards (who can be contacted on 0808(###) ###-####.

You will need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim. If a hearing is required then there is a fee for this too - see page 7 of the previous link for details. Again, that fee is recoverable if you win.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you are eligible, let me know as you cannot use the online money claims site – you have to use the paper method, which is an N1 claim form sent to the County Court Money Claims Centre (I have a copy, let me know if you would like one).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company if £750 or more is owed (if suing a limited company), apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps and answers the question - please feel free to ask me anything else.

Have a good day,
Jim

Customer: replied 5 days ago.
Hi Jim, thank you for your full and prompt response, I have one other question. Can I insist they provide me with the correct product and not a refund? The reason being, I bought the laptop during the Amazon ‘Prime Day’ sale for a reduced price of £749, the regular price being £999 which the product is now sold for. If I take the offered refund, I would have to pay an extra £250 to buy the laptop! This can’t be legal surely? It looks like they have decided they don’t want to follow through on the price and just want to cancel and refund me while putting the price back up.
Thanks Mark

Yes, you could do that and the legal term is "specific performance", i.e. unless they honour the contact and send you the correct product, you will sue them for specific performance under the contract. The court is then asked for an order which forces Amazon to comply with the binding contract you have with them. This costs £308 for the court fee which is recoverable from Amazon if your application wins. They could argue "mistake" which can void a contract but they could only get away with this if for example they advertised that laptop at £7.49 and not £999 for example - the mistake would be very obvious. I do not see them having any defence anyway. Perhaps write to them / email them, involve Trading Standards unless they honour the contract and as a last resort, sue them in the county court for an order for specific performance. The form to use is the attached if you had to take court action. I doubt you would but if you need further help in future please come back to this site.

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