Silentnight

TiTheRev

I dont enjoy moaning, and it's taken me a couple of weeks to get to this point, but wondering if anyone can advise if there's any steps to take this further?

Oct '05 ~ Bought a Silentnight mattress from Argos. Supreme, miracoil, pillow top, so not the cheap one! £249.99.
Jul '08 ~ Bed is creaky, uncomfortable, you can feel the springs. Complaint made.

The official line is 1year warrenty but says on the bed 'Good for 10years decent sleep' or something. They said sorry, and sent a form to fill in. Filled in and supplied proof of purchase. They say 'We will charge you 40% of the price of a replacement and charge £37 for delivery'. So I think, 40% of £250 is £100 and maybe I can pick up another one from Argos as there's one in town...No! It's 40% of the current market value of the equivelant (£330 now) plus £37 because the item can ONLY be shipped from Lancashire.

So they want £170 from me, for a warrenty replacement???

Surely there is another way around this? Someone else I can go to? I appreciate that they are 'just doing their job', but surely a mattress needs to last longer than that?! I'd rather just buy a new one if that's the best they can offer...plus wil not be getting Silentnight if that is the case, as I've found out that PLENTY of others have experienced similar problems.

Any advice appreciated

penrhyn

You could try going directly to Silentnight.
With a pillow top you can't turn the mattress over to even out the wear, maybe a design problem.
I don't think Argos keep mattresses in stock at the stores.
I've come across this pro rata warranty arrangements with other bedding manufacturers, Hypnos if I recall.

hm71_2

Argos never cease to amaze me. I have had upteen probs with them and now have bypassed the customer service script readers and e-mailed the MD directly. soloution offered in 24 hrs.

TiTheRev

Apologies, should've stated, the warrenty complaint I provided was to Silentnight direct and not Argos. Our pillow top cover was double sided, and we regularly turned it (every 3/4weeks), so it's been properly looked after which is even more annoying as its just got terrible to sleep on

maypole

TiTheRev wrote: »

I dont enjoy moaning, and it's taken me a couple of weeks to get to this point, but wondering if anyone can advise if there's any steps to take this further?

Oct '05 ~ Bought a Silentnight mattress from Argos. Supreme, miracoil, pillow top, so not the cheap one! £249.99.
Jul '08 ~ Bed is creaky, uncomfortable, you can feel the springs. Complaint made.

The official line is 1year warrenty but says on the bed 'Good for 10years decent sleep' or something. They said sorry, and sent a form to fill in. Filled in and supplied proof of purchase. They say 'We will charge you 40% of the price of a replacement and charge £37 for delivery'. So I think, 40% of £250 is £100 and maybe I can pick up another one from Argos as there's one in town...No! It's 40% of the current market value of the equivelant (£330 now) plus £37 because the item can ONLY be shipped from Lancashire.

So they want £170 from me, for a warrenty replacement???

Surely there is another way around this? Someone else I can go to? I appreciate that they are 'just doing their job', but surely a mattress needs to last longer than that?! I'd rather just buy a new one if that's the best they can offer...plus wil not be getting Silentnight if that is the case, as I've found out that PLENTY of others have experienced similar problems.

Any advice appreciated

Hello again

As I said over in the last place, you still have legal rights even if the guarantee is up, things should last a reasonable time with ordinary use. If they think this item is faulty then they should surely not be charging you for delivery. Write to the managing director of Argos and send it recorded delivery, state all your facts and say what you want doing about it. Be polite but give her all the facts to date. Head your letter "this is a complaint".



Sarah Weller (managing director)
Argos Ltd
489-499 Avebury Boulevard
Saxon Gate West
Central Milton Keynes
MK9 2NW

Good luck

TiTheRev

So go to Argos and not Silentnight?!

maypole

TiTheRev wrote: »

So go to Argos and not Silentnight?!

Your complaint should go to the person you purchased the item from, your contract is with them and NOT the manufacturer.

Write to the top dog every time. However, you could also send a copy of your letter to the MD of Silentnight too.

If they are in the wrong, they will try to fob you off any way they can, keep at them.

gingermuppet

I came across your post as I am looking for a new mattress, having bought exactly the same one as you from Argos 2 years ago! Within a year, the mattress had a big ridge in the middle with 2 dips either side. I honestly thought it was my fault- that maybe I hadn't turned it often enough.Now it seems that there really is a problem with this mattress and we were wasting our money when we bought it.
Unfortunately, I never kept my receipt so I don't know if I could pursue Argos for a replacement. I wish you good luck with your complaint - you are not moaning - you, me and probably hundreds of others, were sold shoddy goods. Don't let them grind you down!!

maypole

gingermuppet wrote: »

I came across your post as I am looking for a new mattress, having bought exactly the same one as you from Argos 2 years ago! Within a year, the mattress had a big ridge in the middle with 2 dips either side. I honestly thought it was my fault- that maybe I hadn't turned it often enough.Now it seems that there really is a problem with this mattress and we were wasting our money when we bought it.
Unfortunately, I never kept my receipt so I don't know if I could pursue Argos for a replacement. I wish you good luck with your complaint - you are not moaning - you, me and probably hundreds of others, were sold shoddy goods. Don't let them grind you down!!

If you have a credit card receipt that is enough, it is a fallacy to think you need a till receipt, you just have to have something to show you purchased the item at the shop, even a check stub I believe.

Perhaps if you complained also, it would give both your cases extra strength.

Tim_Deegan

maypole wrote: »

Your complaint should go to the person you purchased the item from, your contract is with them and NOT the manufacturer.

Write to the top dog every time. However, you could also send a copy of your letter to the MD of Silentnight too.

If they are in the wrong, they will try to fob you off any way they can, keep at them.

Actually after two years the complaint is with Silentnight. It would only be with Argos after this amount of time if Argos had provided an extended warranty.

Tribulation

Tim_Deegan wrote: »

Actually after two years the complaint is with Silentnight. It would only be with Argos after this amount of time if Argos had provided an extended warranty.

Not quite as clear cut as that. Could claim from Argos under the sale of goods act for up to six years

From trading standards site under one of the sections aimed at businesses

Q. The manufacturer offers a guarantee; can the trader refer the consumer straight to that manufacturer?

A. Remember that the consumer's statutory rights are with the trader who sold the goods to them. A guarantee offered by the manufacturer is in addition to such rights. A consumer can choose whether he/she pursues the trader or the manufacturer. However, the trader in turn may have rights against his/her supplier.



Q. A consumer comes back to the trader about faulty goods purchased seven years ago. Does the trader have to do anything?

A. A consumer cannot bring a claim to Court more than six years after the breach of contract (usually the date of delivery, in a contract for sale of goods).

---

Sale and supply of goods: the implied terms
The law provides that, in every transaction for the sale and supply of goods (including hire purchase, hire, part exchange and contracts for work and materials), certain terms are implied.
The person transferring or selling the goods must have the right to do so, and the goods must:

• correspond with the description – Many transactions involve a description of some kind. When goods are supplied and the consumer relies on such a description, the goods must be 'as described'. If the description is false, a criminal offence may also have been committed.
• be of satisfactory quality – Goods must be of a standard that a reasonable person would regard as satisfactory (taking into account any description applied to them, the price and all other relevant circumstances). Quality is a general term which covers a number of matters including:

* appearance and finish;
* freedom from minor defects;
* safety;
* durability.
In assessing quality, all relevant circumstances must be considered, including price and description. In consumer contracts, the manufacturer’s advertising can also be taken into account.

• be fit for the purpose – When a consumer indicates that goods are required for a particular purpose or where it is obvious that goods are intended for a particular purpose, and a trader supplies them to meet that requirement, the goods should be fit for that specified purpose.

And from the consumer section of Trading Standards

The Sale of Goods Act 1979 (as amended) says that goods should be as follows:

• Of satisfactory quality. This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods.

Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)

• Fit for the purpose that goods of this type are generally sold. They must also be fit for any specific or particular purpose made known to the seller at the time of the agreement.
• As described - goods should correspond with any description applied to them.

Who can you claim against for faulty goods?
Your claim could be against:

• the retailer under the Sale of Goods Act;
• the manufacturer (under the terms of a guarantee if you have one);
• a credit company if financed by credit (see ‘Your Rights when Buying on credit’ leaflet); or
• the credit card company (see ‘Your Rights when Buying on credit’ leaflet