Yes thanks for the reply, well i spoke to trading standards who did mention taking him to a small claims court but they said that it may not be worth it due to the fact amazons T&C's that you signed up to make a claim more difficult. It may be worth it if you want to pay another £25, but the buyer could just ignore the small claims court, and yes its your word against his that there was a phone in the box. I think the courier tracked the weight all the way to his house but then he could say you could put a stone in it or something else ridiculous. Trading standards just said they will add my case to the record of the number people who experienced this type of fraud with amazon but it wont affect my case. If it was a straightforward sell to a stranger sale using direct banking seems you would have more rights under UK law though. I so far haven't heard back from action fraud , Three told me possible the police could track a phone by IMEI number , but i dont know if this is normally possible? If you guys thinking taking a small claims court claim is worth it in my case i may just go ahead with it, this is not one i like to give up, but i also dont want to waste alot more time and money going down that road if it isnt worth it. Amazon really were the worst, they didnt answer any questions, they didnt take anything i said into account, they didnt respond to my providing signature and all delivery tracking. Their line at the beginning was no proof of delivery, and beyond that they just sent emails saying no discussion will be entered into and our decision is final. I didn't get one email from them referring to my case in specifics. I cancelled my amazon prime, and wont be using them again and shall be making a Facebook page about this. If anyone else has similar cases maybe we should try publicize their inaction and the fact this loophole exists. I dont think they would care unless it starts to affect their business.