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    Bensons faulty mattress advice please

    Hello

    I'm hoping for some advice regarding a faulty mattress bought from Bensons.

    In a nutshell, the mattress is dipping badly in the middle, has done for a few years but it got progressively worse to the point where I had to contact them.

    When I contacted Bensons, they requested I send them photos of the mattress, they then decided that, after looking at the photos, there was no fault. I then queried the decision (as the mattress is so clearly faulty) and they told me to get an inspection done by a furniture technician. So I had a report carried out by Homeserve who concluded that the mattress had a manufacturing fault and faulty springs. From the very beginning I sent Bensons my order number etc so they were fully aware of my order.

    I sent the Homeserve report to Bensons, who have came back to me and said that the mattress is out of warranty so they cant act on the report. In a previous email before I had the report carried out, Bensons literally said:

    "As the item is over 6 months old, the onus is on the customer to prove a manufacturing fault . If you would like to forward proof obtained from a furniture technician to prove a fault we will gladly look to replace the mattress for you"

    What was the point in having me jump through hoops and get a report carried out if they were just going to say this anyway? Can they even do that after they clearly stated that they would replace the mattress if I proved it was faulty?

    Any advice would be much appreciated on where I can take it from here.

    Thanks

    Adam

    p.s. I tried posting this in 'Ask' but everytime I clicked 'Ask Question' it just cleared the form and didnt actually post anything.

    15 Comments

    Whilst I'm not 100% sure, I believe the sales of goods act states that you have up to 5 years to claim assuming the fault with the goods had occurred in the factory. So if there was a fundamental issue with the springs during production then you have the right to a repair or replacement I think. Read up on the Sale of goods act, it's easy to understand but from what I remember you do have a chance.

    I was just about to buy from them this week thanx for this

    I'd ignore their email. Don't take this lying down!

    Joke aside - push ahead regardless. You only often need to state sale of goods and things start to move along. Just be always polite but firm, and let them know that it needs to be resolved.

    It's not lasted a length of time that could be deemed as acceptable for a mattress.. Well known bed companies say to replace them every 7/10 years from my memory so i would say that was the accepted timespan of a mattress.. If it's under 5 then you should definitely push harder

    KieranH97

    Whilst I'm not 100% sure, I believe the sales of goods act states that … Whilst I'm not 100% sure, I believe the sales of goods act states that you have up to 5 years to claim assuming the fault with the goods had occurred in the factory. So if there was a fundamental issue with the springs during production then you have the right to a repair or replacement I think. Read up on the Sale of goods act, it's easy to understand but from what I remember you do have a chance.



    ​Even better it's 6 years , The Which and Money Saving Expert websites have great info on your consumer rights and Letter templates to use for complaining Good Luck hope you get a result .

    So long as you paid on credit card above £100 discuss this with your card provider under S75 of the Consumer Credit Act.

    Agent004

    ​Even better it's 6 years , The Which and Money Saving Expert websites h … ​Even better it's 6 years , The Which and Money Saving Expert websites have great info on your consumer rights and Letter templates to use for complaining Good Luck hope you get a result .



    ​Ahh maybe it's 5 in Scotland and 6 in England, I know it was one of the two so I thought I'd quote the lower!

    raptorcigs

    I was just about to buy from them this week thanx for this



    ​i think smaller suppliers look after customers much better than those high street big names... had ours ordered from local shop. they price matched bigger store, mattress delivered quickly and even followed up with 2phone calls 1 and 3 months later to check if I'm 100% happy with purchase. would only go to bensons to see and compare mattresses but would never buy anything there.

    Good luck with this mate, it took my sister 2 years and a small claims court case to get a resolution for a bed which the base broke on, inside 2 months.

    As mentioned above, give them a reasonable time to sort it out then get on to your CC company.
    Edited by: "deeky" 9th May

    Send a letter headed "Notice before action " to their registered office saying the mattress was not of merchantable quality and give them 14 days to to pay up , or you will institute proceedings in the County Court.

    Some of the advice is good here and will get the ball rolling if they are still reluctant to pay up which I doubt they will after the advice you been given so court will be the only way don't be afraid of using this it's so simple more info here gov.uk/mak…iew

    Use this site for the claim moneyclaim.gov.uk/web…ome

    If you have sent the independent report then you have already shwon proof of the manufacturing fault. I gather thats what was said in the report.

    Reply to them stating that you have had the independent checks done as per their instructions and await collection of the faulty mattress. You could also chance your arm at getting the cost for the independent check back as well as a replacement mattress.

    If it's a miracoil or continuous spring mattress, then this is a well know problem

    I don't know about this one.
    You say you've had it for a few years and there's a dip in the middle?
    I know for a fact that any industrial heavy duty made mattress would fail after a while with me and the 25 stone wife being amorous 3 times a week.

    Mattress companies are renown for doing this, just have a google and you will see many instances like this especially from the big bed sheds. The warranty isn't really worth the paper it's written on and yes there is the consumer act but it's down to who has the biggest expert and you probably won't.

    Try going to the top, they normally have special teams to help on issues and things get done much quicker.

    ceoemail.com/s.p…534
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