Returning large items, refunds, tracking etc. Help

[JaneBirkin]

I bought a sofa on ebay, from a business seller. This means apparently that they have to accept returns - and it says on the listing, returns must be requested within 7 days, delivery charges non refundable etc etc. (I know this doesn't mean they have to but I think under the consumer act they do).

Sofa is hideous, well parts of it are - described as high quality but on a lot of it they have used the cheapest, thinnest leather possible that looks and feels like plastic. It's horrid.

I rang the shop and asked to return it. They were funny about it but said yes, Tuesday. It arrived yesterday btw. they said the packaging is gone, so it is a problem, but I looked this up on the consumer website thingy and it said they can't refuse because of packaging and they took it with them anyway. So I think I'm ok there.

Problem is I paid with paypal, and I can't get tracking for the return, because the shop is collecting it themselves in their van. I'm worried they won't refund or will keep too much of my original payment.

I rang paypal who were useless and said that without online tracking they couldn't do anything. I said well, they don't have tracking for the delivery either, so can't I say I haven't received it, once they've taken it away?
They said no, as they know I've received it because I've told them

I'm not sure what to do. What if they pick it up, then refuse to refund - can I then open a claim? I don't know what the answer is and am really worried about it as the shop obviously want to make it as difficult as possible.

here

and what circumstances can I get a refund without returning the item to the seller? here

I have heard of people getting an item verified as fake or getting it verified with trading standards as not genuine and then not having to return it. But you can't open another case now as you already have done one.

Gah. Thankyou...it probably is unlikely they would agree. Well anyway, I've emailed them saying that they shouldn't have given me false information in the first place, so I'm very disappointed with them.

I think it's either going to be court, or nothing. Maybe able to resell it myself I suppose. Will see what CD says.

Have found a courier who can do it for about £85. Only thing is, if the seller doesn't accept it, they'll charge me another £85 to bring it back - so unless I can get my landlord to come with me in his car and we'll bring it back ourselves.
However I think the seller will have to accept it because we'll have a digital signature and tracking, to prove attempted delivery, so I'll be able to get a refund anyway. If we do it during the day when he is out on deliveries then the secretary might sign for it.
Dilemma: is it worth a loss of £85 to return it? I'm not sure.
Other options include selling it on, which I'll probably make a loss with anyway, or just keeping it for the time being and using it. Not ideal but £85 is about a third of what it cost.

wow £85 - that seems a ridiculous amount of money - and it costs £85 to return it if he refuses it? That sounds like daylight robbery to me.

I would take him to court or sell it yourself rather than pay out that amount

what did consumer direct say?

Well it's an improvement on the £300 TNT wanted

Consumer Direct said that I should try the bank again, and this time they told me I could use the indemnity if I return the item FIRST...lot of good that is, I can't trust anything they say. But it might be an option.

I'd like to go the proper ebay way and just send it by this courier who do online tracking, but it is SO expensive, and there seem to be no other companies that offer it.

CD also said wait till the 7 days are up from the letter I sent, and see if he replies. If not, send the 'letter before action' and he ought to reply to that. He's got to show he's being reasonable but she said he isn't going to look good at this rate, which was encouraging.

I'm mixed up. Bank would still need proof of return, but would be Ok with signature...it's getting him to sign it. I need to take someone fierce with me, and I don't know anyone fierce