Refusal to refund part exchange value

catlinm1967

Sorry, not sure what thread this belongs in.
My mother purchased a disability bed from a national company late last year. Part of the deal was they took her existing double-bed in part exchange and reduced the cost of the new item by that amount. As the bed did not perform the function it was bought for, my mother returned it (all within statutory time limits). The company has only refunded the net value of the purchase (after deduction of part exchange value) and are claiming that part exchange goods and their value become null and void on termination of a contract. Is this true? Can they REALLY withhold that money? They are not offering to return the goods either as they destroyed them (apparently before the end of the cooling off period). They claim this forfeiture is per English law, but refuse to state which law they are referring to.
And the furniture ombudsman is currently not accepting new cases due to the current pandemic.

Help or advice appreciated. Thanks

DoaM

No - they're incorrect. If the contract is being voided (i.e. made as if it didn't exist) then both parties must be but back in the position they were before becoming bound to the contract. This means they must either return the part exchange bed or the equivalent value of it. As it stands they've double-gained ... they have their goods back plus your Mum's bed and only refunded part of the original contract price.

What they've done is to apply a restocking fee (which is illegal under consumer law) but by the back door.

Get her to send them a Letter Before Action (Letter of Claim) for either the safe return of her original bed (which they won't be able to do) or the part-exchange value that was withheld from the refund. They must do so within 14 days of receipt of this letter [specify a date which is maybe 16 days from the date of sending] else this claim will proceed to a court claim via Moneyclaim Online without further recourse to them, whereupon if the claim is successful they'll also be liable for her costs in bringing the claim.

How much outstanding refund are we talking about here?