Anyone got a notification of legal action from Amazon?

[Princejames1]

Now this might sound like an American legal drama, but what about a class action suit?

I wonder how many sellers have suffered from this? I am guessing in the hundreds, I guess the only issue is with the stealth accounts and sellers are not generally too happy to expose genuine details

[JamesNorth101]

Originally Posted by rfloubo

That was because either:
a) the capital was not high enough
or
b) the lawyer was not connected enough

You are competing with a company who has 100's of lawyers and a lot more money than the vast majority of people

Its just not going to happen

[rfloubo]

E x a c t l y.

[GreenBean]

Originally Posted by rfloubo

That was because either:
a) the capital was not high enough
or
b) the lawyer was not connected enough

Avoid assumptions.

They make people look assinine.

[Taking The Micky]

Originally Posted by dan_ebay

ofcourse they wouldn't lol.

People don't seem to understand in the UK theres the small claims court that costs like £20 to sort things like this, its not the US where you need a expensive 'attorney'.

T&C's mean nothing, exactly why royal mail never reply to any small claims regarding them only refunding the purchase cost of the item when they lose them rather than the sales price

OK big Dan, please show me ONE example where amazon.co.uk have lost a claim in the UK courts. They haven't as you have file any action in their jurisdiction which is Luxembourg. You can file a claim and it will get thrown out. Simple

[Taking The Micky]

Originally Posted by rfloubo

That was because either:
a) the capital was not high enough
or
b) the lawyer was not connected enough

I am on one that has tried and blew nearly £50k on legals. It is impossible unless you have unlimited money and then you have no guarantee of winning or even getting a hearing.

[rsot]

Originally Posted by Princejames1

I cant get access to any of them which I think means deleted. If they were suspended I think you can still get in to put a removal through.
Thanks

Sounds like they have been deleted indeed

[dan_ebay]

Originally Posted by Taking The Micky

OK big Dan, please show me ONE example where amazon.co.uk have lost a claim in the UK courts. They haven't as you have file any action in their jurisdiction which is Luxembourg. You can file a claim and it will get thrown out. Simple

http://tamebay.com/2014/02/seller-ta...yer-claim.html

Heres one for ebay who are also in luxembourg, cba trawling google for amazon.
I've done the same with DHL, doubt they're UK based either

Originally Posted by Taking The Micky

I am on one that has tried and blew nearly £50k on legals. It is impossible unless you have unlimited money and then you have no guarantee of winning or even getting a hearing.

It was 100k last time jackanory, make your mind up on how your fantasy story goes

[GreenBean]

Sorry the topic is amazon.

Quoting ebay is not scoring brownie points

[dan_ebay]

Originally Posted by GreenBean

Sorry the topic is amazon.

Quoting ebay is not scoring brownie points

Well they're both huge companies based in Luxembourg, if you can take one to the smalls claims court then you can take the other. I would have a go at finding a amazon one but google is filled with them suing ⊗⊗⊗⊗ review sellers so too much effort

[Taking The Micky]

Originally Posted by dan_ebay

http://tamebay.com/2014/02/seller-ta...yer-claim.html

Heres one for ebay who are also in luxembourg, cba trawling google for amazon.
I've done the same with DHL, doubt they're UK based either



It was 100k last time jackanory, make your mind up on how your fantasy story goes

E Bay........say no more PLEASE show amazon. No the loss was £100k in held funds and £50k on legals. Late night for a little boy.

[GreenBean]

Originally Posted by dan_ebay

Well they're both huge companies based in Luxembourg, if you can take one to the smalls claims court then you can take the other. I would have a go at finding a amazon one but google is filled with them suing ⊗⊗⊗⊗ review sellers so too much effort

The issues relate to amazon.

Companies differ in litigation.

[dan_ebay]

Originally Posted by Taking The Micky

E Bay........say no more PLEASE show amazon. No the loss was £100k in held funds and £50k on legals. Late night for a little boy.

Getting a bit mouthy aren't you, 'big man', 'little boy'. I'm in the Philippines in 6 weeks, give me a shout if you fancy discussing in person Grandad x

[Taking The Micky]

Send me a PM. I am in currently in Ca. but leave Sunday. And yes I am Grandad x

[rfloubo]

Originally Posted by GreenBean

Avoid assumptions.

They make people look assinine.

Oh, it's ok, you did not seem to look like it. As with correct spelling, a lot is in the eye of the beholder.

[Princejames1]

OK so if the legal route wont work, how about taking it to the Police?

[JamesNorth101]

The police are not going to do anything

They will tell you to talk to a lawyer

[Princejames1]

The matter still comes under criminal law, because they are withholding goods and refusing to return them. It doesnt matter what their terms and conditions say.

[JamesNorth101]

The police are still not going to do anything about it....

[GreenBean]

Originally Posted by Princejames1

The matter still comes under criminal law, because they are withholding goods and refusing to return them. It doesnt matter what their terms and conditions say.

When you signed up you accted the T&S.

Take legal advice to make sure you can get some resolution.

[rfloubo]

Originally Posted by Princejames1

OK so if the legal route wont work, how about taking it to the Police?

You talk like there is such thing as 'the police' or 'the courts'. There is 'this police force', 'that police force', 'this judge', 'that judge'. I wouldn't much expect a national standard.

So, if the money is worth it, try it. Maybe the policeman you talk to takes a fancy at you. More than likely they will brush you off, if all they have to gain from you is additional work. If you are persuasive (£££) and you know where the goods are, maybe they tell you how to get a warrant.

[jeffweico]

In a small claims court in the US, the rules are more informal than they would be in a regular court and many people represent themselves. Yes, it is also less expensive than filing a regular lawsuit. However, you still need to know what you are doing.

In the case of taking Amazon to court, you would be asking the court for Amazon to release your inventory and your money. Amazon will claim that your inventory is counterfeit and that the agreement you made with them when you became a seller was that they could seize any counterfeit merchandise and confiscate your earning from that merchandise.

And then what?

You have to know how to respond, to claim that the contract between you and Amazon is invalid because it breaks a specific law. You can't just tell the judge "it isn't fair!" - courts are there to decide what is legal, not what is fair. Fairness has nothing to do with it.

You could also try to provide evidence to the court that your merchandise was authentic. If you have receipts from an authorized supplier, then you should prevail. But they will most likely check with the brand owner to make sure that the supplier actually IS authorized and then check with the supplier to make sure that you really ARE their customer. And even then, there are no guarantees.

Amazon has attorneys that are full time Amazon employees. They also have business attorneys on retainer everywhere they do business. It is unlikely that Amazon decided on it's own that they could do this and get away with it. They most likely had several attorneys look at their policy and the steps they take to enforce it and the attorney's signed off on it. That is how corporations work.

And you had better be sure that the merchandise IS authentic, because their attorneys and/or the judge may decide to turn it over to the local prosecutor in your area and a criminal case could be filed against you. Of course, in a criminal case, the rules change a bit, they have to prove that the merchandise was counterfeit and (at least in the US) that you either knew it was counterfeit or that you SHOULD HAVE known it was counterfeit. For example, the prosecutor would try to make the case that a reasonable person should have known that a real Rolex would not wholesale for $125 and would not have "MADE IN CHINA" stamped on the back of it.

And all of that assumes that you are talking about a REAL Amazon account in your REAL NAME with your REAL information. Because I am reasonably certain that Amazon also has a clause in their agreement that favors them heavily if the information given to them is false in any way. It may not break the law to lie to Amazon, but it is definitely against their rules.

The fact that nobody, or few people, have won these cases before has nothing to do with how well "connected" the attorney is. In court, connections only matter when there is a decision that could go either way. Then the judge, who might be a personal friend of the attorney, might be inclined to support them. Because judges have to write opinions in each case they decide explaining their decision. So, they cannot ignore the law just because an attorney is connected to someone in some way. It just does not work like that.