Paying to return an item not fit for purpose

maceyratbags

I purchased two mattresses from MattressNextDay.  They claim to offer a traditional coil spring system wrapped in memory foam which moulds to the contours of your body and helps to reduce pressure point discomfort.  I received them this morning and opened one.  Absolutely dreadful quality, see through material, springs pinging out all over and the 'memory foam' no thicker than a tea-towel, clearly not fit for purpose and far from their descriptions and photos on their website.  I paid part debit card and part paypal (I dont have credit cards).  Customer service told me I have to pay to return them as per their T&Cs, in order for me to get refunded up to two weeks after they receive them back.  This will cost me up to £100 to do (I'm Chester, they're Kent).  Do I have to absorb this cost????  Photo attached showing the 'quality'.

JJ_Egan

No you dont pay return postage under your Consumer Right as they are returned as faulty .

maceyratbags

JJ_Egan said:

No you dont pay return postage under your Consumer Right as they are returned as faulty .

How on earth do I enforce it though?  I've emailed and told them I'm not willing to organise and pay for a courier, I doubt I will get a reply judging by some of the reviews.

the_lunatic_is_in_my_head

Their terms look iffy to me (£45 cancellation fee on all shipped orders for example), really your options are to return and if they don't refund appropriately send a letter before action and then file through small claims.

ciderboy2009

Have you unpacked the matress and followed the instructions to allow it to fully "inflate" (which can take up to 24 hours).

I bought a pocket spring/memory foam mattress recently on Amazon and was really disappointed when it arrived as, when initially unwrapped, it looked like your photo.

However, after leaving it on the bed for about 6 hours it looked much better.  After 24 hours it was so solid that you wouldn't believe how small it was when it arrived.  (The memory foam on it actually took about 48 hours to fully inflate).

JJ_Egan

Enforce via Small Claims Court , but first send an LBA letter before action google for templates .

maceyratbags

ciderboy2009 said:

Have you unpacked the matress and followed the instructions to allow it to fully "inflate" (which can take up to 24 hours).

It looks doubtful but they unfortunately going to be with me for some days yet so I'll keep checking.  They look so thin I don't think I'd be happy lying on one for fear of being impaled.

maceyratbags

Supplier has requested more photos which I have sent. There is no change to the quality of the mattresses after leaving them to ‘fluff up’. Supplier still insisting I pay for them to be returned, it will cost around £100 or I can pay £30 for an assessor to inspect them. In all honesty I have no faith in them ever refunding them. I paid through PayPal (£100 PayPal funds and £100 debit card through PayPal) and have launched a complaint with them which is getting nowhere. As far as they are concerned the supplier has technically agreed to refund so what’s the problem.  I’m really stuck with this, they are not as described, won’t last, and aren’t what I was purchasing.

unholyangel

Send them a letter before action, quoting the relevant sections of the CRA & CCRs that you intend to rely on? 

maceyratbags

unholyangel said:

Send them a letter before action, quoting the relevant sections of the CRA & CCRs that you intend to rely on? 

Sorry, I’m not very legal savvy, is that consumer rights?

JJ_Egan

Yes

Google for LBA templates .