Problem with an online seller

korapersefone

Hi all. I hope someone can help me with this. 
Long story short. I bought a double bed ( listed as such ) on amazon on June 1st. Upon arrival I saw I received a small double. I contacted the seller right away and asked to returned it since I bought a double and they sent a small. He at first refused telling me I bought a small, but I went on the listing and made a screenshot of the sizes listed and it was, in fact, a double. Sent the sizes to him and then he agreed to send me a prepaid label. Item was delivered to me on June 13th, I sent it back on the 15th. Since then the tracking code doesn't show anything, even collection, nothing. Couriers don't leave proof of collection ( only hermes parcelforce and royalmail do that ) so I contacted by email the courier company that collected the parcel on behalf of XDP and they sent me an email confirming that in their system the parcel appeared as collected on the 15th. After that, I received a second email from the courier ( XDP ) telling me that the parcel should have reached the delivery depot on Friday ( last Friday ) sending me a number to call to check on that. Both emails have been sent to the seller with screenshots of those email but he is still refusing to refund ( or call the depot to check on the delivery ), amazon didn't help. They told me they can't refund since it's a third party seller. Now, the only thing they said to me is to open an AZOT claim ( which I did ) and wait. I'm waiting at the moment, in the meantime I'm exploring my other options in case I'll lose the claim ( I figured amazon will check the return tracking code and since this has never been updated and it didn't even show the parcel as collected, I'm going to lose even if I told amazon I have the email from the courier that confirms collection ). Anyway. I already know about the chargeback, I didn't call my bank yet ( paid with debit card ) but it will be the next step in case I'll lose the azot claim. Also, spoke with an ombudsman yesterday and they told me to send an ADR scheme letter to the seller and if they refuse to collaborate, to proceed with a court action ( simple procedure ). It's a £265 purchase and it seems from the reviews I've read online about this company, that this is what they do in most cases ( unfortunately I didn't read them before the purchase, I wish I had ). 
Do I have other options here? Do you think with the proofs I have, in case I'll file a simple procedure, will I win? I'm pretty stressed about this, it's a lot of money and I don't have the intention to let go. Never had a problem on amazon but it seems this time everything is against me. Oh, courier stopped to answer to my emails, so as far as I know, seller received the bed back but we will never know. Thanks

Olinda99

if they sent you a prepaid label the return is complete once the courier picks it up.

korapersefone

Yes I know but since the tracking code doesn't show it as collected, for the seller there is no proof of collection, so for him I never return it back, but as I said, even the tracking code doesn't show it as collected, I have the email from the courier that confirms collection, but this isn't enough for the seller to give me a refund. 

Olinda99

You don't need a tracking code - you just need enough evidence to persuade a judge in the small claims court that it was handed to the courier. The tracking is nothing to do with you - that is the seller's responsibility.

Issue a Letter before Action and if no response do a moneyclaimonline.

DE_612183

as Olinda99 says - LBA or email - tell him he's got 7 days for full refund or you are taking legal action.

korapersefone

Thanks all. I'll wait amazon decision and in case I'll send the lba.