broken bed after 14 months!!!

naz101

hi,

im really hoping someone can help me.
in Jan 2008 I bought a brand new bed from the bed shed, but 14months later, i noticed that the frame had cracked and had started to sag.
I contacted the Bed Shed but since the bed was 2 months out of warranty they refused to do anything.
when i contacted trading standards, the bed shed then asked for an independant review of the bed which i was to pay for. Since the bed cost £349.99 I thought I might as well do that. The report stated that the bed frame was not adequately supported and that in his opinion the bed will collapse in the near future. And thats what happened 10 days after receiving the letter.
The bed shed are being an absolute pain so I got in contact with nationwide credit card
I received a reply today saying that as the dispute is more than 120 days old, they will not cover anything under the VISA international rules
any advice will be greatly appreciated as i am now sleeping on the floor!!
PS. The bed was not "abused" as the bed shed asked!!

4743hudsonj

well sunder the sale of goods act you have up to 6 years (subject to cost make usage etc) of protection against goods not doing what they are meant to basically.

Seeing as you already have a bed report, you need to contact the retailers head office and the store you bought it from with a letter email or fax with a copy of the report, stating that the bed is not of a satisfactory quality and is not fit for purpose under section 14 of the sale of goods act (make sure you mention that as this is where companies begin to quiver).

State that you wish for the bed to be repaired and if this is not practical then they replace the bed for the same or a similar model.

then state that if you do not hear a reply within 14 days or if you are not satisfied with the response then you will file a small claims court case against them.

if they dont reply or still refuse then you should issue the claim, it will cost you about £35 which is recoverable if you win which as long as the judge deems the cost of the bed to be sufficient to last more than 14 months which he/she should then you will

regards josh

naz101

what about the possibility of claiming back from the credit card company?
i notice people mentioning section 75 but then any ideas why the credit card company talked about the visa iternational rules and 120 days?
can i claim under section 75?

Optimist

Are you sure you paid by credit card and not by debit card ? The 120 days issue is in line with Visa rules for charge back for debit cards

naz101

its definately a nationwide visa gold card

naz101

does anyone know how to try and get the credit card company to pay up???

Optimist

You need at this point, write back to the credit card company pointing out that the 120 day visa rule only affects debit cards and as you paid by a credit card it is covered under Section 75 of the Consumer Credit Act which makes the credit card company jointly liable under law.

Also attach copies of the letters you have sent and received from Bed Shed to show that any negotiations with them have broken down.

I would invoke the banks complaint procedure by asking for a senior manager to review the complaint.

naz101

thats brilliant. thank you so much for your help.:j
hopefully i will get this sorted one way or another!!

naz101

hey guys,

i am looking for another bit of advice please.
on tuesday, the 14 days that i gave to bed shed to reply in will be over. and so far no reply.
what would be the next step? do i write to them again?

I have also written another letter to the credit card company stating that under section 75 they are liable for the purchase as they already tried to lie and get rid of me.

I am in the middle of exams and this is the last thing that i need:mad:

anyone please???

naz101

anyone? please?

naz101

please anyone? i really dont know what to do now after the initial 14 days.

any help would be greatly appreciated