Chasing Amazon through Small Claims Court

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caindingle

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Jurisdiction
United Kingdom
Hi guys, I'll try and keep this as brief as I can.

I bought a pair of Corsair RAM sticks with the intent of building a computer back on November last year, from Amazon. With the RAM crisis (which I wasn't yet aware of) just kicking off, supplies were scarce (though prices hadn't risen to their current levels, yet). I managed to get some for just over £200, but I would have to wait 3-5 months for them. I'd shopped around and realised they would be hard to get hold of, so I accepted this.


They came on 26th March. I tried them in my pc and they didn't work, so I contacted Amazon and was told I'd be entitled to a refund if I sent them back. This was unacceptable, as the price had risen from £200 to £1250 in that time. I said this to amazon, and they promised me that if I returned them items and reordered them at the higher price, they would refund the difference (around £1000).


Now I know that they didn't have to make that promise. I also knew that I could return them directly to Corsair and they would replace them. So I guess I was expecting amazon to just replace them for me, knowing they could send the faulty sticks back to the manufacturer themselves. But with the promise they made, I would still be in possession of working sticks at the original price, so I agreed. I posted the original sticks back and then confirmed that everything was still in order (I guess I can be an anxious soul), to be told that it was all fine, the sticks just needed to be from the same seller (Amazon) as the original pair.

No problem, right? WRONG! They had no stock, and would be out of stock for the foreseeable. I gets back in touch with Amazon to inform them of this (and complain that they never mentioned the "original seller" terms) and they said it didn't have to be from the original seller. Not once, but three times.

So I went and bought the sticks. Went back to Amazon, to be told that I needed to wait until the refund for the original sticks hit my bank, that I'd purchased the new sticks and that Id received them and confirmed they were in working order. Only then would they issue the refund.

I did all of that, to be told I wouldn't be getting the refund because, you guessed it, they needed to be from the original seller. So I would not be getting a refund. Even worse, because I'd opened the new sticks and used them, I could not get a refund for those either.


I am now chasing Amazon through court trying to get them to honour the promise they made whilst they defend themselves with claims like "The defendants argument makes no sense, we request his claim be thrown out of court"

My question is this. I am currently going through the defence stage of small claims court and I have returned my directions questionnaire to court. I posted it earlier this week. If Amazons lawyers haven't explicitly agreed to receiving documents by email, but have replied to legal emails I've sent them regarding documents for the case, will this suffice as permission to receive this document by email?

Any help and support you can give would be appreciated.
 
Amazon is imbued with powers and abilities, mere Homo Sapiens lack. Amazon is so powerful with overflowing coffers of loot. Bottom line, Amazon is untouchable. Go ahead, try to take the all powerful, omniscient being, AMAZON, you'll only wind up empty, frustrated, and emotionally drained.
 
Where in your contract with Amazon does it state that you are entitled to a replacement?
 
Where in your contract with Amazon does it state that you are entitled to a replacement?
Consumer Law says I'm entitled to a repair within 30 days. I can request that be a replacement instead. But If they weren't going to replace it, I could (and would happily) have sent it back to Corsair. They offer replacement for faulty items on confirmation of the fault.

I realised on researching that they didn't owe me the replacement, but they'd already promised to refund the difference by this point, which amounted to the same thing. They didn't HAVE to make that promise, but they did. Which I have in writing. A promise I acted on. They only went back on the promise after I spent the money for the higher priced part
 
Amazon is imbued with powers and abilities, mere Homo Sapiens lack. Amazon is so powerful with overflowing coffers of loot. Bottom line, Amazon is untouchable. Go ahead, try to take the all powerful, omniscient being, AMAZON, you'll only wind up empty, frustrated, and emotionally drained.
Amazon uses some of that loot on lawyers. And unlike customer service, they don't skimp on what they pay their lawyers.
Apparently bringing a large law firm with a full legal team will work against them in small claims court.

It's a low risk option for average joes like us to have a fighting chance at getting justice, so swinging their full might just looks like bullying, as far as all of the research I've done.

My plan is just to stick to my simple fact that they went back on a promise they made me and it left me over £1000 out of pocket. I'm hoping that as long as I stick to that and don't get bogged down in legal tactics, any fair judge can't deny it.

It also doesn't hurt that their tactics are "This guy is trying to sue Amazon UK, when Amazon EU was the one that fulfilled his order, so we want the entire case thrown out of court". From my perspective, they are trying to bully me by saying they know the law better than I do (which of course they do)

Seems they are trying to follow this quote by Carl Sandburg "If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell"
 
No use taking up any more space here. When your lawsuit is over feel free to come back and report the results.

Believe me, I wish you success.

But I have to close this thread now.
 
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