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  • FIRST POST
    • Sebyle
    • By Sebyle 5th Mar 17, 9:06 PM
    • 47Posts
    • 13Thanks
    Sebyle
    Different mattress sent asking for £49 charge for return
    • #1
    • 5th Mar 17, 9:06 PM
    Different mattress sent asking for £49 charge for return 5th Mar 17 at 9:06 PM
    Hi there I really need some help with this case as I am worried to run out if time.
    Hi, I bought a mattress from bed.co.uk which I received payment 10 days later (though they promise a next day delivery) the problem is that it is completely different from picture and description. It is also very bad quality, I choose that one as it ihas hand stitch border for support the one they sent me has a few point if sticthpch here and there.
    I sent them an email same morning I received ithe mattres, they wrote back to me claiming that it's the right bed even after sending pictures then they called me on my landline offering and exchange but I refused and I asked for collection and full refund they replied that they'll have to charge me £49 for return that's their policy.
    Basically they have covered themselves very well with small prints saying that products coulour ]and stitching might not match and also return policy which says to pay £49.
    After a few emails with no hope I search on the internet for reviews I was really chocked that the same happened to lots of people.
    I feel bullied and my rights breached. I know quite a lot about mattresses and this nothing like description and pictures. This mattres is totally different and awful quality. I need some help please, guide me on what to do, I have paid with my PayPal account on 16/02/2017.

    Thank you
    Sebyle
Page 4
    • Sebyle
    • By Sebyle 8th Mar 17, 7:28 AM
    • 47 Posts
    • 13 Thanks
    Sebyle
    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.
    Originally posted by unholyangel
    Thank you for the advice
    • MSE Andrea
    • By MSE Andrea 9th Mar 17, 12:22 PM
    • 8,143 Posts
    • 20,190 Thanks
    MSE Andrea
    Hi there I really need some help with this case as I am worried to run out if time.
    Hi, I bought a mattress from bed.co.uk which I received payment 10 days later (though they promise a next day delivery) the problem is that it is completely different from picture and description. It is also very bad quality, I choose that one as it ihas hand stitch border for support the one they sent me has a few point if sticthpch here and there.
    I sent them an email same morning I received ithe mattres, they wrote back to me claiming that it's the right bed even after sending pictures then they called me on my landline offering and exchange but I refused and I asked for collection and full refund they replied that they'll have to charge me £49 for return that's their policy.
    Basically they have covered themselves very well with small prints saying that products coulour ]and stitching might not match and also return policy which says to pay £49.
    After a few emails with no hope I search on the internet for reviews I was really chocked that the same happened to lots of people.
    I feel bullied and my rights breached. I know quite a lot about mattresses and this nothing like description and pictures. This mattres is totally different and awful quality. I need some help please, guide me on what to do, I have paid with my PayPal account on 16/02/2017.

    Thank you
    Sebyle
    Originally posted by Sebyle
    Hi Sebyle

    Our Consumer Rights guide might help you.

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    • Sebyle
    • By Sebyle 10th Mar 17, 12:46 PM
    • 47 Posts
    • 13 Thanks
    Sebyle
    Hello again, hope you all good.
    I Ve had the reply from PayPal which is how we all expected:

    We've reviewed your claim and determined that you're eligible for a refund of £218.90 GBP. Before we can issue this refund, we need you to return the item to the seller and provide us with online delivery tracking information before 20 March 2017.

    What do I do with PayPal now? I am quite confused.
    I've sent the letter before action by email this morning and will now post it as well.

    Thanks everybody
    • theonlywayisup
    • By theonlywayisup 10th Mar 17, 1:15 PM
    • 10,145 Posts
    • 6,817 Thanks
    theonlywayisup
    Hello again, hope you all good.
    I Ve had the reply from PayPal which is how we all expected:

    We've reviewed your claim and determined that you're eligible for a refund of £218.90 GBP. Before we can issue this refund, we need you to return the item to the seller and provide us with online delivery tracking information before 20 March 2017.

    What do I do with PayPal now? I am quite confused.
    I've sent the letter before action by email this morning and will now post it as well.

    Thanks everybody
    Originally posted by Sebyle
    Paypal will have given you a deadline by which you need to evidence your return.

    If you fail to return or miss the deadline, the case will time-out and Paypal will release the funds back to the seller.

    Sending the mattress tracked will be expensive. Paypal do offer reimbursement for some returns if you ask, but these are [from memory] capped at £15. I will try to dig out the link.

    It has been known for some people to send a letter back to the retailer, via a trackable means, giving the retailer details on how to make a collection. I wouldn't advocate it, but it would perhaps allow Paypal to release the funds to you and for the company to make arrangements to collect the item.

    Edit - found the link. https://www.paypal.com/uk/webapps/mpp/refunded-returns it may be (if you qualify) you could find a carrier and offset the £15 Paypal refund against it. But you would still be out of pocket, unless you pursue the difference from the retailer.
    "I suggest you read who's thread this is and you will find its MINE". sic
    • Sebyle
    • By Sebyle 10th Mar 17, 6:10 PM
    • 47 Posts
    • 13 Thanks
    Sebyle
    I feel like closing the case with PayPal,
    will it go against me at court?
    • hollydays
    • By hollydays 10th Mar 17, 6:42 PM
    • 14,862 Posts
    • 10,652 Thanks
    hollydays
    Have you actually contacted the seller and asked whether the intended to put " hand stitching" or whether they actually meant " machine stitching".

    I personally would be pushing them
    On this point until I get a satisfactory answer, though this would have been better asked within the case
    Last edited by hollydays; 10-03-2017 at 6:48 PM.
    • Sebyle
    • By Sebyle 10th Mar 17, 8:59 PM
    • 47 Posts
    • 13 Thanks
    Sebyle
    Have you actually contacted the seller and asked whether the intended to put " hand stitching" or whether they actually meant " machine stitching".

    I personally would be pushing them
    On this point until I get a satisfactory answer, though this would have been better asked within the case
    Originally posted by hollydays
    No I didn't ask this specific question but the description said hand stitch and anyway the bed is neither handstitch or machine stitche borders.

    The case went straight to PayPal and PayPal hasn't even asked me for pictures.
    • hollydays
    • By hollydays 11th Mar 17, 12:35 AM
    • 14,862 Posts
    • 10,652 Thanks
    hollydays
    No I didn't ask this specific question but the description said hand stitch and anyway the bed is neither handstitch or machine stitche borders.

    The case went straight to PayPal and PayPal hasn't even asked me for pictures.
    Originally posted by Sebyle
    It must be hand stitched or machine stitched , its got to be one or the other

    It seems to me the issue was the mattress possibly wasn't hand stitched, ( but the inferior quality machine stitched) i.e. Not as described, so you'd have question the seller in writing through the case, as this was the basis of your claim wasn't it? It doesn't seem as though you've done this. If you hadn't added the pictures, how can Paypal decide you've been sent a different item?
    Last edited by hollydays; 11-03-2017 at 1:55 AM.
    • wealdroam
    • By wealdroam 11th Mar 17, 1:06 AM
    • 18,067 Posts
    • 14,824 Thanks
    wealdroam
    It must be hand stitched or machine stitched , its got to one or the other!

    It seems to me the issue was the mattress possibly wasn't hand stitched, ( but the inferior quality machine stitched) i.e. Not as described, so you'd have to
    Hammer this out with the seller in writing through the case, as this was the basis of your claim wasn't it? It doesn't seem as though you've done this.
    Originally posted by hollydays
    The OP has already won the Paypal case.

    In post #63 we are told that Paypal said:
    We've reviewed your claim and determined that you're eligible for a refund of £218.90 GBP. Before we can issue this refund, we need you to return the item to the seller and provide us with online delivery tracking information before 20 March 2017.
    The problem now is how to get the seller to pay for the return.
    • hollydays
    • By hollydays 11th Mar 17, 1:25 AM
    • 14,862 Posts
    • 10,652 Thanks
    hollydays
    I saw that
    What would you suggest?
    The op is going to return an item with no proof on the case of what was received.
    It's looking too little too late to get the seller to pay the return , as he's not admitted any wrongdoing and there's been no dialogue.
    Last edited by hollydays; 11-03-2017 at 1:31 AM.
    • Sebyle
    • By Sebyle 11th Mar 17, 10:43 AM
    • 47 Posts
    • 13 Thanks
    Sebyle
    Which option is best to click to close the dispute?

    [IMG=http://imagizer.imageshack.us/v2/150x100q90/923/1mGyrI.jpg][/IMG]
    • robatwork
    • By robatwork 11th Mar 17, 12:13 PM
    • 3,618 Posts
    • 3,935 Thanks
    robatwork
    Other, if you really want to cancel Paypal's dispute.

    Just an observation OP - and I fully agree that you didn't receive goods as described - you aren't going to a get a quality hand stitched pocket spring mattress for £200.

    Spend a bit more - after all you spend maybe 1/3 of your life in bed which is likely more that you spend in any other single place.
    • theonlywayisup
    • By theonlywayisup 11th Mar 17, 2:32 PM
    • 10,145 Posts
    • 6,817 Thanks
    theonlywayisup
    Personally I wouldn't close the dispute. If you let it time-out they will get their funds eventually. It puts you in a better position to have the dispute open and add the dispute details to any legal proceedings. This shows you gave them time to make arrangements to collect it. Or re read post 64 and have the dispute settled in your favour.
    "I suggest you read who's thread this is and you will find its MINE". sic
    • Sebyle
    • By Sebyle 11th Mar 17, 4:25 PM
    • 47 Posts
    • 13 Thanks
    Sebyle
    Other, if you really want to cancel Paypal's dispute.

    Just an observation OP - and I fully agree that you didn't receive goods as described - you aren't going to a get a quality hand stitched pocket spring mattress for £200.

    Spend a bit more - after all you spend maybe 1/3 of your life in bed which is likely more that you spend in any other single place.
    Originally posted by robatwork
    Fully agree with you but I fell in their trap, I thought they were a clearance workshop.
    My last mattress was £750 on sale originally ovet £1000 and for my guest I have a futon company bed don't coma cheap as well.

    I am so cross with myself!
    • robatwork
    • By robatwork 11th Mar 17, 5:08 PM
    • 3,618 Posts
    • 3,935 Thanks
    robatwork
    Don't get me wrong I bought a mattress online - but I did loads of research first and had tested lots in shops. Really pleased with mine too.

    Shame you didn't mean the "coma" pun.
    • Sebyle
    • By Sebyle 21st Mar 17, 4:21 PM
    • 47 Posts
    • 13 Thanks
    Sebyle
    Hi guys! I am after some time.
    I was waiting for the PayPal case to close and in the meantime I did send a letter of action by email and by post to beds.co.uk.
    During the PayPal case I have contacted PayPal by message and told them my concern and asked them to file it in the case. Underneath you ll find the outcome of the case.
    Beds.co.uk haven't responded to my letter of action so I wrote to them again about it asking why they haven't responded. They got back to me straight away with this:

    Hi there,Thanks for your time today, I have been passed your order across from our e-mail team, I can advise the mattress you have is correct item. As our terms and conditions advise that there will be a £49.00 collection charge. Please advise of a suitable day for collection.


    Outcome of PayPal case:
    Our records show that you have not responded to requests for additional
    information about this claim. This claim has been cancelled. We hope that
    you have worked out this situation amicably with your seller.

    Thank you for your cooperation.

    Yours sincerely,

    Protection Services Department


    I will need some advice on what to do next please. I am really tired with this I am trying not to give up.
    Can you please help, I don't have any knowledge regarding law...
    I really value the help you gave me so far p, thank you very much.
    • unholyangel
    • By unholyangel 21st Mar 17, 4:53 PM
    • 10,555 Posts
    • 7,792 Thanks
    unholyangel
    Hi guys! I am after some time.
    I was waiting for the PayPal case to close and in the meantime I did send a letter of action by email and by post to beds.co.uk.
    During the PayPal case I have contacted PayPal by message and told them my concern and asked them to file it in the case. Underneath you ll find the outcome of the case.
    Beds.co.uk haven't responded to my letter of action so I wrote to them again about it asking why they haven't responded. They got back to me straight away with this:

    Hi there,Thanks for your time today, I have been passed your order across from our e-mail team, I can advise the mattress you have is correct item. As our terms and conditions advise that there will be a £49.00 collection charge. Please advise of a suitable day for collection.


    Outcome of PayPal case:
    Our records show that you have not responded to requests for additional
    information about this claim. This claim has been cancelled. We hope that
    you have worked out this situation amicably with your seller.

    Thank you for your cooperation.

    Yours sincerely,

    Protection Services Department


    I will need some advice on what to do next please. I am really tired with this I am trying not to give up.
    Can you please help, I don't have any knowledge regarding law...
    I really value the help you gave me so far p, thank you very much.
    Originally posted by Sebyle
    Have you tried contacting your local trading standards? The response you get will pretty much be pot luck - some TS offices wont even speak to you, some will take details but no action, others will (for matters like this that could be easily resolved) contact the seller and make them aware of their obligations.

    Try sending your local TS office an email just stating the goods are not as described/not of satisfactory quality yet the retailer keeps telling you that you need to pay for the return. Hopefully your local office is one of the better ones.
    Money doesn't solve poverty.....it creates it.
    • photome
    • By photome 21st Mar 17, 5:25 PM
    • 12,323 Posts
    • 7,810 Thanks
    photome
    If a LBA has been sent and they still wont play ball isnt it time to start the action
    • Sebyle
    • By Sebyle 21st Mar 17, 7:34 PM
    • 47 Posts
    • 13 Thanks
    Sebyle
    Have you tried contacting your local trading standards? The response you get will pretty much be pot luck - some TS offices wont even speak to you, some will take details but no action, others will (for matters like this that could be easily resolved) contact the seller and make them aware of their obligations.

    Try sending your local TS office an email just stating the goods are not as described/not of satisfactory quality yet the retailer keeps telling you that you need to pay for the return. Hopefully your local office is one of the better ones.
    Originally posted by unholyangel
    Hi, thanks for your response.
    I haven't done that yet, will do.
    • Sebyle
    • By Sebyle 22nd Mar 17, 2:14 PM
    • 47 Posts
    • 13 Thanks
    Sebyle
    Have you tried contacting your local trading standards? The response you get will pretty much be pot luck - some TS offices wont even speak to you, some will take details but no action, others will (for matters like this that could be easily resolved) contact the seller and make them aware of their obligations.

    Try sending your local TS office an email just stating the goods are not as described/not of satisfactory quality yet the retailer keeps telling you that you need to pay for the return. Hopefully your local office is one of the better ones.
    Originally posted by unholyangel

    Hi,
    My local trading standards doesn't deal with this things, what do I do now?
    Thanks
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