You have no claim against Amazon but do have a claim against the buyer.
You need to issue a letter before action, you need to explain that the Amazon A2Z process is not binding arbitration and that while funds have been reallocated that a debt has now been created which can be discharged by either returning the goods, by sending payment, or by arranging with Amazon to recharge their card.
You need to set a deadline and explain that the next step will be to issue a County Court Claim and that the issue fee for the claim will be added in addition to statutory interest at 8% per year from the date that Amazon reallocated your funds.
In terms of filing your claim, its fairly straightforward, you will need to specify who the parties are and the relationship between the parties. And an explanation of how the debt accrued.
Your fee will be fairly inexpensive for this, if filed online the cost would be £35. The process is very easy, I have sued lots of organisations in the past. Most people will either pay up or return the item. No one wants the risk of their credit rating being destroyed for 6 years, for some a CCJ could even end their career - such as those working in financial services, solicitors, accountants, Police officers.
Worst case scenario is that it end up at hearing but in a case like this you have ample evidence in the form of the order proving formation of contract, your delivery POD which matches the sellers address. It would be open/close and up to the defendant to prove that they did not receive the item. The hearing would be in chambers, in other words a district judges office and the whole process is very informal.
While I am not a lawyer I have been down this route lots of times through both commercial and personal disputes and would be more than happy to help you.
Be aware that Civil proceedings are more based on 'probability' and 'common sense' as opposed to criminal which is based on 'evidence'. It can be much easier to convince a Civil Court than a criminal court.
*edit. Just to add, evidence is still important with Civil, so the more you have the better.....
Edited by: LJ's Partnership on Jan 19, 2017 11:38 PM
Thanks, it is a sad state of affairs that Amazon have not offered any of this advice - after happily taking my 30% and then being the cause of so much grief through their own ignorance (and I mean that in the true sense of the word - ignore-ance).
Martin you are right that if someone already has a trashed credit rating or is bankrupt they have little to lose, but of course under statute of limitations which is 6 years you can wait for there CCJ to come off their records and give them a little present of another CCJ destroying their credit for a further 6 years.
Same if bankrupt, debt would still be live as the bankruptcy would only cover debts prior to the issue of bankruptcy paperwork.
I has to do this to someone who owed a prior company of mine money, I knew that had little to lose at the time so no point claiming but issued a 6 monthly letter reminding them that they still owed the money which starts statute of limitations all over again. Once they started a new company and I knew they were making money I issued a court claim against them and won.
"...Be aware that Civil proceedings are more based on 'probability' and 'common sense' as opposed to criminal which is based on 'evidence'. It can be much easier to convince a Civil Court than a criminal court..."
The standard of burden of proof is lower in the civil courts - the test being "on the balance of probabilities" (ie, more likely than not). The standard in criminal courts is "beyond reasonable doubt," as you're probably aware.
You still have to prove your case in a civil action, and for that you need evidence.