Faulty bedframe - seller refusing to accept return

emeraldk89

I apologise in advance, this will be long but I'll try to be as clear as I can:

I ordered a Bedframe from a website online on 25/06/23, they advised 7-10 working days to arrive.

Waited 17 working days and had to chase it up but it did arrive the following day 19/07/23.

I unboxed and assembled the bed frame that weekend 22/07/23 (PM) and found that the frame was not of a good quality - it was a child's bed and felt very weak/flimsy. I also found smears of wood filler in multiple places which were covering holes/cracks in the wood. As well as, one of the pre drilled holes being through a knot which wasn't visible until the screw was put into it. 

I contacted the company 23/07/23 and explained the issue - they blamed me for the problems. I sent photos and described the issues further. They still refused to accept the faults were with the bed frame. They said they could only offer a replacement, as per their terms for faults, and would charge me £30.00. 
I argued that as the fault was not down to me, I would not be paying a fee. They agreed to waive the fee "as a gesture of good will". 

They arranged delivery but only notified me the evening beforehand. I was unable to get time off work and they would not leave the parts in a safe place!
They then told me they wanted a £50.00 payment to redeliver.
I explained that I had not been able to agree to the delivery date due to the late notice of it and would not be prepared to pay the £50.00 fee. 

At this point, my partner had looked into the consumer rights act and found that the company stating they'd only offer replacements for a fault was not following the CRA. That it states you can reject an item and have it returned for a full refund.

At this point it had been weeks of back and forth with them and I just wanted them to take the bed back, so I dismantled the frame (unused), boxed it into the original packaging and requested they arranged collecting & advised them of the consumer rights and showed them which parts I was referring to. Including a part from MSE. They refused to acknowledge it and kept stating their terms & conditions were what they would be following.

I've spoken to citizens advice bureau and they have said they will be reporting the company to trading standards, for breach of the consumer rights act, but I still don't have my money and the boxed up frame is sat in my hallway. 
It has been suggested that I request a charge back but I'm not sure how successful I'll be given the item is still in my possession (albeit, without my wanting it to be).

Is there anything else I can do at this point?

Thank you in advance.

the_lunatic_is_in_my_head

Sorry to hear OP

Who did you buy from and how did you pay (if on a credit card was it over £100)?

emeraldk89

It was £239.99, on a debit card and a company called Bed Kingdom 

the_lunatic_is_in_my_head

Thanks OP

It would be worth having a read of this

https://forums.moneysavingexpert.com/discussion/6464135/am-i-entitled-to-a-refund/p1

as it's the same company and a very similar issue. 

The trader is to bear the costs of replacing or repairing goods, in any event I can't see letting you know the day before and then wanting £50 is going to be correct. 

If they are now refusing that offer of replacement parts you should exercise the final right to reject (for a full refund as it's less than 6 months). 

There is the option of a chargeback with the card provider, this will require the return of the goods, @born_again might comment on how the bank will view the specifics. 

Alternatively these things ultimately come down to a letter before action and then small claims.  

emeraldk89

Just read through the thread linked and the same tactics have been used - they also offered us to keep the bed for a 30% discount but it doesn't feel safe and the bed is for a child so I don't feel comfortable with that option.

It seems to be a running theme.
Hopefully, if more people report/copy in trading standards, they will step in and investigate because it clearly happens a lot.

I'll look into the charge back & letter before action, as I've asked them to collect and refund and they just point blank refuse to do so.

Thank you for your help on this, I really appreciate it