I bought £256.95 worth of shrubs from an Amazon Marketplace seller. Some arrived damaged and others were smaller than advertised, but the seller said I would have to pay to return them, which would have cost a fortune. I complained to Amazon, which refunded me under its A-Z Guarantee.
Nine months on, I received notification from the small claims court that the seller was pursuing me for £294.37, including interest and court fees, claiming I had lied about the quality of the plants.
Amazon says it can’t help with action a seller takes independently.
SD, Bromsgrove, Worcestershire
This is alarming for anyone who buys through a third-party seller on Amazon and assumes they are protected by the A-Z Guarantee. This promises a refund if a seller refuses to rectify a defective purchase.
You say you have photos of the substandard items, in which case you could have contested the claim in court but you ended up paying the seller by the deadline because you lacked the money and knowhow to mount a defence.
However, days after I quizzed Amazon about the value of its guarantee if sellers are free to recoup their money months later, Amazon suddenly gave you a second refund plus a £50 gift card. It declined to comment on your case, but said: “All sellers must adhere to our selling guidelines. Any seller found to contravene those guidelines will be subject to action from Amazon including removal of product listings and their account.”
Anyone else in this position should note that you don’t need legal expertise to file a defence. You just have to submit a form disputing the claim within 14 days of being notified.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number. Submission and publication subject to our terms and conditions
