View Full Version : Manufacturing fault vs misuse- getting a mattress replaced


trickymicky
20-09-2009, 11:26
Me and my wife went to bensons for beds for a new matteress
Were told the best one was was a memery foam (we had a cheper one so we new they were good)
The matteress was £470, The assistant said would we won't accidental damage cover at £70 which we said ok (I also bought I new frame for the spair room),
The matteress was delived and put on a new frame from next one week old,
After a week my wife pointed out that there was a dip in the middle (the shop told us that the matteress has to settle when we bought it) so two weeks went by and it was still there, I went in to bensons and told them about the that the dip was still there, they gave me a number to ring, which I did, and was told we would have to wait till we had it for 3 months:help:, I told them my wife was not well and sufferd from R/A this made no difference we would still have to wait 3 months for the matteress to settle (I was mad)
So 3 months went by, I rang bensons and told them the dip was still in the matteress, they sent a man to look at it, He laid on the bed in different positions rolling about, Then he mesured the dip, Yep manufacters fault do you have the aggrement that came with the bed, I gave it to him in the small print it said the should only be gaps (lattes) so big ours was more, "He said custermer missuse" :huh: but the dip is in the middle the strongest part he aggreed but that made no difference,I rang bensons and told them what he had said, sorry its your fault, I said what about the accidental damage cover I had taken out, sorry that dose not come into forse till your 1year garentte runs out:loopy: :gag::huh:
So I rang next and told them the frame you sold me did not say it was use on serten matteress, They sent a man out, he told us that no way would the dip in the bed be there as it was the strongest part of the bed manufacters fault (next were brill and gave us there full suport),
I put the old matteress back on (as it was in the spare room on)
The bensons for beds frame which I bought at the same time, The lattes on that bed are lager than whot they should be for the matteress
So were do we go now 5 months late:help:

lobster
20-09-2009, 11:28
trading standards ,goods not fit for purpose

Nicesheff
20-09-2009, 11:44
Did you buy on your credit card?, under consumer credit act you can sue them jointly if they dont comply to replace.

You need to write to them first of all rejectings the good as no fit for purpose
Then if they dont respond you need to do a letter before action
Then court action through small claims court.

if you want to know how to do this then go to: http://www.consumeractiongroup.co.uk/forum/ , wealth of advice for legal issues. (people on here are well meaning but often not knowledgeable on indepth matters.

What ever you do dont give up. I wouldnt bother wasting your time with trading standards as they will just give you the same advice as you can get on here.

Finally dont let them push on to anyone else. It lies with the store and no one else.

Berberis
20-09-2009, 12:16
Consumer Direct (http://www.consumerdirect.gov.uk/) is the government-funded telephone and online service offering information and advice on consumer issues. Consumer Direct is funded by the Office of Fair Trading and delivered in partnership with Local Authority Trading Standards Services.

Give them a call on and tell them what you have written above. I'm sure they can help you sort this problem out.

Tel: 08454 04 05 06

sTaGeWaLkEr
20-09-2009, 13:11
Consumer Direct (http://www.consumerdirect.gov.uk/) is the government-funded telephone and online service offering information and advice on consumer issues. Consumer Direct is funded by the Office of Fair Trading and delivered in partnership with Local Authority Trading Standards Services.

Give them a call on and tell them what you have written above. I'm sure they can help you sort this problem out.

Tel: 08454 04 05 06

Absolutely. What they said. ^^^^

Good luck.

Funky_Gibbon
20-09-2009, 14:52
Misuse? :heyhey:

trickymicky
20-09-2009, 18:12
trading standards ,goods not fit for purpose
Tried them they wanted £300 to come and look at it
and they wanted verbal proof and writen :huh:

trickymicky
21-09-2009, 12:49
Did you buy on your credit card?, under consumer credit act you can sue them jointly if they dont comply to replace.

You need to write to them first of all rejectings the good as no fit for purpose
Then if they dont respond you need to do a letter before action
Then court action through small claims court.

if you want to know how to do this then go to: http://www.consumeractiongroup.co.uk/forum/ , wealth of advice for legal issues. (people on here are well meaning but often not knowledgeable on indepth matters.

What ever you do dont give up. I wouldnt bother wasting your time with trading standards as they will just give you the same advice as you can get on here.

Finally dont let them push on to anyone else. It lies with the store and no one else.

Thanks for all your advice

trickymicky
23-09-2009, 10:17
Dose anyone know why the name of my posting was changed:suspect:

Odd-jobs
23-09-2009, 10:33
Pop down to the small claims court in West Bar get an small claims application form from there.
Complete it or get someone from Cab or a pal to complete it for you.
Take a copy and send it recorded delivery to Bensons with a note stating that if this matter is not resolved to your satisfaction within 14 days you will have this form passed to court.
Hopefully they will be spurred on to act on that, If not just send the form in to court and pay the costs, you will be able to reclaim all these.
The important thing is to record notes of any conversations and names and keep all correspondence, and take photos, send any letters recorded delivery, and make a note of what has happened prior .
The main thing is don't worry about a court appearance they take place in a small room with just you the judge who are generally lovely and can work out who is in the right, and a rep of the people you are sueing.
I used to do this as part of my job chasing people who owed us money and to be quite honest used to enjoy it

trickymicky
10-12-2009, 21:21
Absolutely. What they said. ^^^^

Good luck.

Thank you
But I know my wife cannot take the stress of going any further with this,
So bensons for beds, Win
And Sheffild Fourum in changing my thred also win, as only a few have looked at this post.