Can the retailer bully me like this

minxster

Hi, I will try to be brief
I bought an electronic drum kit on Ebay and collected it in person ( 130 miles away as I was in the area ) and paid cash. I have used Ebay before and accept I have no comeback as it was a cash transaction.I am fine with this.
Within about 4 weeks the item developed a fault. I complained, retailer sent spare part free of charge. A couple of weeks later, spare part failed and more faults developed. Contacted retailer and after a few weeks who after much cajoling, arranged for item to be collected and repaired. Item was repaired and returned but all faults were still there. I asked for a report of work carried out but never got one. I was told I had misused the kit. I left messages for the engineer who"fixed it" but got no replies.Its like the repair has never been done. I videod the kit failing within 3 minutes of it being played just as proof I am not lying.
Contacted retailer again, who said if I pay to return item he would repair again. I told him he was repsonsible for return postage and I did not want a repair, I would like a refund. I quoted Sale of goods act about the item not being fit for purpose. Retailer told me he wants a full report along with qualifications and a vat number by a qualified engineer to state it is not fit for purpose, or I can return at my own cost and get full refund.They say they new courier does not do collections. Also there were 3 items offered in the listing as free with the kit, do I have to return them or can I keep them to offset the cost of returning this heavy item. Sorry its a long post but I have been battling with these people since March and have got nowhere. They seem to know the law better than me and I just need help to assess what I am to do next.
Thanks in advance for any help xxx

somethingcorporate

If they are offering you a refund if you pay for return I'd put your energy into getting this done as cheaply as possible (but make sure it is tracked and insured) as it appears this would be the best way out.

They do not have to refund the item they can continue to repair to their hearts content.

You cannot keep the items to offset the postage costs - you will need to return the whole set.

Edit: I fail to see where they are bullying you?!

wealdroam

If its within six months of purchase, then it can be assumed that the thing was faulty at the time of sale. The onus is on the seller to prove otherwise.
There is no need for you to get any report.

But is it within six months of purchase? Its not clear.

minxster

Hi, and thanks so much for the replies. It is well under 6 months old. I bought the item in March and reported the first fault about 4 weeks later. I kept the receipt and the 12 month warranty.
I feel like I am being bullied when the retailer tries to bamboozle me with demands for expert reports. Then claims I have misued the kit. I feel like I am being blackmailed, when he says I can either stump up for this report, take him to court etc, or I can just have the refund if I pay for the postage.
I will take your advice and pack the whole lot off, get the refund and draw a line under this.I am just annoyed that after shelling out 260 quid, it will cost me about 30 quid to return it, why should I be out of pocket?
I feel like the guy has been stringing me along for months hoping to get out of his obligations. He is only refunding me because I wont let it go.
Thanks for the advice, it is very much appreciated and will be follwed.xxx

somethingcorporate

I see what you are saying by the bullying comment now - they just smack of being a bit of a cowboy and getting away from them as quickly and as cleanly as possible would certainly be better for your sanity in the long run! £30 to get rid of a crap bit of a kit and a dodgy seller really will be a small price to pay!