Different mattress sent asking for £49 charge for return

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  • DoaM
    DoaM Posts: 11,863 Forumite
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    Make sure you correct the typo/spelling error. ;)
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    neilmcl wrote: »
    My suggestions in red.

    Neil's reads better for you Sebyle, but there are a few typos and I would still tweak it a little.

    I assume the website is beds.co.uk and not bed.co.uk although you refer to both?

    I would send something like the wording below - if you use it, remove the square brackets and insert whatever is relevant.

    Dear Sir or Madam

    Order Reference COLOR="Red"]ORDER NUMBER[/COLOR for COLOR="red"]MODEL NUMBER[/COLOR mattress.

    I am writing to complain about goods which I purchased from your company that failed to match their description. I believe that you have breached your contract with me and I am exercising my statutory right to reject these goods and require a full refund of the price I have paid.

    1. The Nature of this Letter
    This is a Letter of Claim or Letter Before Action within the meaning of the Civil Procedure Rules 1998. Sending this letter of claim is a formal step before legal proceedings are issued against you in the County Court.

    You should respond to this letter within 14 days. If you fail to respond, the Court may take the view that this is an unreasonable refusal to attempt to resolve this matter and you may be ordered to pay any legal costs which I incur.

    2. The Facts of This Claim
    On COLOR="red"]DATE[/COLOR I bought a mattress COLOR="red"]MODEL NUMBER[/COLOR. I ordered this mattress online from your website beds.co.uk and I enclose copies of my receipt/order confirmation.

    The goods were delivered to me on COLOR="red"]DATE OF DELIVERY[/COLOR and upon inspection I found that they did not match the description I had been given at the time of sale in that COLOR="red"]DETAIL OF MISDESCRIPTION - OUTLINE THE DIFFERENCES[/COLOR

    3. The Relevant Law
    I refer you to the The Consumer Rights Act 2015. The Act states that consumers have a right to expect goods which they purchase to be as described.

    In particular "Every contract to supply goods by description is to be treated as including a term that the goods will match the description".

    The description of the mattress ordered is COLOR="red"]INSERT DETAILS - such as the side stitching[/COLOR. The mattress provided does not match this description COLOR="red"]you can elaborate here if you wish[/COLOR.

    4. What is Required of You
    I require a full refund of COLOR="red"]£AMOUNT[/COLOR to be paid within 14 days. I will accept a refund in the same manner in which I paid, ie. Paypal.

    If you require the return of the mattress you may contact me on COLOR="red"]TELEPHONE NUMBER[/COLOR to arrange for someone to collect the goods on your behalf at a time that is convenient to me.

    I look forward to receiving your response.

    Yours faithfully
    [YOUR NAME]
  • Sebyle
    Sebyle Posts: 47 Forumite
    theonlywayisup wrote: »
    Neil's reads better for you Sebyle, but there are a few typos and I would still tweak it a little.

    I assume the website is beds.co.uk and not bed.co.uk although you refer to both?

    I would send something like the wording below - if you use it, remove the square brackets and insert whatever is relevant.



    Waw that looks really good! Thanks a million :T
  • Sebyle
    Sebyle Posts: 47 Forumite
    Somme feedback from the case I opened with PayPal, I do regret it because I feel that PayPal is going to asked me to return the matress and pay for the costs myself. Never mind today the seller escalated the case to PayPal, I guess next they'll ask for proof of pictures...
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    theonlywayisup wrote: »
    Neil's reads better for you Sebyle, but there are a few typos and I would still tweak it a little.

    I assume the website is beds.co.uk and not bed.co.uk although you refer to both?

    I would send something like the wording below - if you use it, remove the square brackets and insert whatever is relevant.

    I'd say thats far too long/reads like promotional material. IMO LBA's should be as short as possible - include any supporting evidence/more lengthy descriptions on a separate piece of paper but always try and keep the LBA like a covering letter. The bare bones of your claim rather than the meat & gristle.

    Granted in small claims theres no set form it needs to take, just as long as its adequate enough to understand each others positions. So theres not a right or wrong way to do it, just preference.


    Personally I'd go for something like:
    LETTER BEFORE CLAIM/ACTION (whatever you prefer - centred & in bold)

    Dear Sir/Madam,

    I purchased x goods from your website on x date for £x. On x date x goods were delivered. As per the Consumer Rights Act, goods must match their description and be of satisfactory quality. (if they arent different makes/model numbers, perhaps include just a short sentence about how the delivered goods differ to what was ordered).

    As the goods delivered do not conform to contract, I am exercising the short term right to reject in accordance with section 20 of the Consumer Rights Act which entitles me to a full refund. As per section 20 paragraph (8), the trader must bear the cost of returning the goods.

    Please enact my refund and contact me to agree arrangements for the collection of your goods without further delay.

    If a satisfactory conclusion is not reached within 14 days, I reserve the right to begin legal proceedings without further notice or warning at which point I will be seeking to recover all reasonable losses incurred due to your breach and your liability for costs may increase.

    OP would need to be able to evidence that the goods don't conform to contract but from what they've said, they shouldn't have any problem in that regard.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    edited 7 March 2017 at 3:42PM
    I agree unholy, it's down to personal preference as long as the main factors have been included in the letter and (of course) the OP can provide evidence of the misdescription.

    OP, as for the Paypal dispute, if they rule in your favour you will have to pay for the return via an online trackable means. That will be expensive, probably more than the £29 currently offered by this company. However, if this does go down the legal route, Paypal's ruling may be something you want to include with your evidence. If you've uploaded the photos you've shared here, then I see no reason why you won't win the Paypal dispute.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    edited 7 March 2017 at 7:20PM
    See this link
    https://johnryanbydesign.co.uk/understanding-beds/mattress-detailing-need-to-know/

    " mock side stitching" i.e. Machine side stitching

    "The best way to determine whether it is machine side stitched is if you press down on the edge the side panel will bulge out. This does not happen with HSS, However, genuine HSS should really be obvious just by looking at the mattress."
  • Sebyle
    Sebyle Posts: 47 Forumite
    hollydays wrote: »
    See this link
    https://johnryanbydesign.co.uk/understanding-beds/mattress-detailing-need-to-know/

    " mock side stitching" i.e. Machine side stitching

    "The best way to determine whether it is machine side stitched is if you press down on the edge the side panel will bulge out. This does not happen with HSS, However, genuine HSS should really be obvious just by looking at the mattress."


    Thanks for the link, mine does bulge out.
  • Sebyle
    Sebyle Posts: 47 Forumite
    theonlywayisup wrote: »
    I agree unholy, it's down to personal preference as long as the main factors have been included in the letter and (of course) the OP can provide evidence of the misdescription.

    OP, as for the Paypal dispute, if they rule in your favour you will have to pay for the return via an online trackable means. That will be expensive, probably more than the £29 currently offered by this company. However, if this does go down the legal route, Paypal's ruling may be something you want to include with your evidence. If you've uploaded the photos you've shared here, then I see no reason why you won't win the Paypal dispute.


    Thank you for the info :):)
  • Sebyle
    Sebyle Posts: 47 Forumite
    unholyangel wrote: »
    I'd say thats far too long/reads like promotional material. IMO LBA's should be as short as possible - include any supporting evidence/more lengthy descriptions on a separate piece of paper but always try and keep the LBA like a covering letter. The bare bones of your claim rather than the meat & gristle.

    Granted in small claims theres no set form it needs to take, just as long as its adequate enough to understand each others positions. So theres not a right or wrong way to do it, just preference.


    Personally I'd go for something like:


    OP would need to be able to evidence that the goods don't conform to contract but from what they've said, they shouldn't have any problem in that regard.

    Thank you for the advice :):)
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