Different mattress sent asking for £49 charge for return

wealdroam wrote: »

But you haven't sent them a letter that states that you will start legal proceedings, just that you are going to 'seek legal advice'.

You next letter needs to be headed Letter Before Action.

This CAB webpage offers guidance and a sample LBA.

2(a) Exclusion of liability for faulty or misdescribed goods or digital content
5.4.1 Any business selling goods or digital content to consumers is legally bound
to accept certain obligations. These are the consumer’s ‘statutory rights’.
Key statutory rights are that goods and digital content (which is ‘paid for
either directly or indirectly’)
must match the description given to them, and
be of satisfactory quality and fit for their purposes. Contract terms which
deny consumers the right to their full legal remedies where goods or digital
content are misdescribed or defective are blacklisted for that purpose in all
cases under Part 1 of the Act, as well as liable to be considered unfair
under Part 2 of the Act.

Part 1 of Schedule 2 states that the following may be unfair:
(12) A term which has the object or effect of permitting the trader to
determine the characteristics of the subject matter of the contract
after the consumer has become bound by it.
(13) A term which has the object or effect of enabling the trader to
alter unilaterally without a valid reason any characteristics of the
goods, digital content or services to be provided.

5.22.3 The use of terms that allow the trader to change what is supplied conflicts
with the consumer’s legal right to receive something that is in all significant
respects what the trader stated108 would be supplied, not merely something
similar or equivalent. Consumers are legally entitled to expect satisfactory
quality in goods and digital content which they have paid for, and that
services will be provided with reasonable skill and care, but this does not
mean it is fair to reserve a right to supply something that is merely of
equivalent standard or value. Terms should respect both the right to
receive products that are as described and the right to satisfactory quality,
not one or the other.

5.22.8 Rights to cancel. Where circumstances could prevent the supply of the
goods, digital content or services agreed (or a version of them that the
consumer has indicated is acceptable) then fairness is likely to require that
the consumer should have a genuine right to cancel the contract,
109 and
receive a refund of any prepayments. Fairness requires that the consumer
should be given appropriate information, before the contract is concluded,
as to what these circumstances are. Where it is known that, for example, a chosen item could be unavailable from the manufacturer, that risk should
be drawn to the consumer’s attention.

5.22.9 A term which has the effect of allowing the trader to vary what is supplied at
will – rather than in circumstances described in the contract – is unlikely to
be fair even if customers have a right of cancellation and refund. The
consumer should never have to choose between accepting a product that
is not what was agreed, or suffering the inconvenience of unexpectedly not
getting, for example, a product for which he or she may have an immediate
need, or a long-planned holiday, just because it suits the trader not to
supply what was promised.