Advice on returning a poor quality item I accidentally did not pay for

Randomlettersandnumbers

After some advice on a consumer issue aggravated by me being a numpty.  I was sent something not fit for purpose, discovered afterwards I had not paid (genuine error) and vendor is not answering multiple attempts to contact by different means. 

• Bathroom furniture (solid wood sink unit but no sink) was specially commissioned and is far too heavy to return in person to the joiner on other side of the country. 
• I didn’t look closely at it for about a week after arrival as it sat in a corner (COVID means no bathroom work going on).  The unit had been described as rustic and I figured the cracks I first noticed were reclaimed or purposely distressed wood.
• Once I did look at it properly, I realised it had an unreasonable amount of extensive cracks for this to be part of the design.  A carpenter and a fitter/joiner have both confirmed from photos that the wood is poor quality, horribly split in multiple places and not fit for a damp environment.  They say repair is not a viable option.
• Part of the commission was 4 matching shelves, which I have no problem with except if I don’t have a usable sink unit, the shelves don’t match it.
• I found the vendor, a joinery, online via an eBay ad for a slightly different item, which encouraged people to get in touch.  Discussion of a commission to my spec was then by phone and email.
• Invoice was for a lump sum, most of which is actually the sink unit, although we had agreed by email the separate costs and the total did add up correctly. 
• Refund is not an option.  My husband paid by bank transfer and I told the vendor this shortly after payment was made.  Vendor then sent out item without checking payment arrived.  However, when looking last week I could find no ‘paper trail’ for payment at all.  Not even set up as an unpaid payee on online banking.  Either spectacular bank error or spectacular marital error. 
• I know about the 30 day right of return from receipt but that is only if you paid, which I accidentally didn’t. 
• Possibly the vendor is affected personally by COVID-19 and he did seem like a really nice guy.  However, since buying from him, I have seen his Facebook account and there are some dreadful reviews. 
• I spoke to Consumer Advice people last week and sent him a tracked and signed for letter signed for by someone of his surname, saying I reject the item as unfit for purpose. 
• I cannot even discuss payment or replacement issues with vendor as he is still not answering emails, phone, web chat or mobile. 
• Ideally, vendor would send someone to collect this huge lump of cracked wood and we would call it a day. 
• I don’t really want shelves if they don’t match a unit but am willing to pay the £72 they cost just to be done with it. 
• It will cost maybe £80 to send back the sink unit and will require a pallet.  Who pays and why should I pay for return of an extremely poor quality item?
• If I pay the full cost of the commission now, as the system thinks I should, and try to reclaim, I may never see several hundred pounds again.  What if his business has gone under?  What if he is just very good at shifting poor quality items?  If I don’t pay the full cost, I could potentially be accused of fraud? 
• 30 day right of return ends next week. 
• Thanks for suggestions.

societys_child

potentially be accused of fraud?

No.

Keep dates and times you've tried to contact him and copies of any correspondence.

When/ if he contacts you, arrange to return (at his cost). Don't dispose of the furniture though.

Randomlettersandnumbers

societys_child said:

potentially be accused of fraud?

No.

Keep dates and times you've tried to contact him and copies of any correspondence.

When/ if he contacts you, arrange to return (at his cost). Don't dispose of the furniture though.

Thanks for that.  Sounds sensible.  Do you know if there is a legal basis to that tactic or is it a common sense one?  Unfortunately they are not always the same.

davidmcn

Randomlettersandnumbers said:

societys_child said:

potentially be accused of fraud?

No.

Keep dates and times you've tried to contact him and copies of any correspondence.

When/ if he contacts you, arrange to return (at his cost). Don't dispose of the furniture though.

Is there a legal basis to that tactic or a common sense one?  Unfortunately they are not always the same.

Where's the fraud? It's just a debt.

Randomlettersandnumbers

davidmcn said:

Randomlettersandnumbers said:

societys_child said:

potentially be accused of fraud?

No.

Keep dates and times you've tried to contact him and copies of any correspondence.

When/ if he contacts you, arrange to return (at his cost). Don't dispose of the furniture though.

Is there a legal basis to that tactic or a common sense one?  Unfortunately they are not always the same.

Where's the fraud? It's just a debt.

I accidentally misled him when I said I had paid. There is only my word for it that it was an accident, though.

davidmcn

Randomlettersandnumbers said:

davidmcn said:

Randomlettersandnumbers said:

societys_child said:

potentially be accused of fraud?

No.

Keep dates and times you've tried to contact him and copies of any correspondence.

When/ if he contacts you, arrange to return (at his cost). Don't dispose of the furniture though.

Is there a legal basis to that tactic or a common sense one?  Unfortunately they are not always the same.

Where's the fraud? It's just a debt.

I accidentally misled him when I said I had paid. There is only my word for it that it was an accident, though.

It's no more fraud than "the cheque's in the post".