Faulty Mattress - reply from dreams, ADVICE NEEDED

Tim_Deegan

Even without actually seeing the mattress, it sounds from your description that they mattress has a severe fault.

What make and model is the mattress?

bookworm1363

Yes, you can reclaim the cost of the report from them, as well as your court fees if it gets that far. If their goods weren't faulty, you wouldn't have had those supplementary expenses, it is therefore up to them to pay.

As regards the mattress, I feel that such an expensive mattress shouldn't fail after 14 months, the whole principle of memory foam is that they are supposed to have a VERY long life unlike other mattresses which should be replaced every 3 to 5 yrs, and that is why they are so much more expensive. Therefore, I'd argue that OP is in fact entitled not to have any money deducted for use as the compensation involved in getting redress more than equates whatever usage fee they'd want to take out. In any case, I suspect that the retailer are more likely to offer an exchange as it will cost them considerably less than a refund. (But OP should still get his out of pocket expenses back as well anyway.)

kev1n

can i ask, what doe OP stand for?

Thank you bookworm and tim, i thought i could and the bed tec i got said the same thing as you bookworm (mattress shouldn't fail after 14 months). remember i have also bought the 10 year guarantee!

This is the letter i have written and sent recorded. i can post the report i was given as well from the bed tec , if you want to have a look?

Dear Sir/Madam,

We are writing to you in relation to an ongoing problem we are having with a faulty product we purchased from you.
Dreams Order number:(number)
Registered address of customers at time of purchase ( Address)
On 07/11/2007, we bought a mattress from your branch in Strood, since the purchase date we have realised that the product has developed a serious fault that is not from general wear and tear, as suggested by your bed technician. We have had my own, independent survey done, please see enclosed report.
The Sale Of Goods Act Amended states that The Goods Must Be Of Satisfactory Quality, due to the fault described in the enclosed report, I do not believe that the item complies with the above legislation.
We have also taken out the 10 year guarantee at an extra cost.
We request that the goods are promptly replaced so that we do not suffer any further inconvenience.
We also request that we are fully reimbursed for the cost of the independent review we had carried out + £20 administration fee.
Should you fail to furnish us with replacement goods + costs within 14 days or reply to this letter within 7 days, I regret to inform you we shall be seeking to commence court proceeding for breach of Contract Terms including all costs incurred.


I hope that such action will not be required.
I have included my name, my partners name, our new address’s, partners telephone number and a copy of the inspection report and a bill.
We await your prompt reply.

Yours Faithfully

Tim_Deegan

The letter sounds good to me.

It might be worth checking to see if you do actually have a 10 year guarantee, or a warranty. There is a difference. Also read the terms and conditions as they are usually full of get out clauses like 'general wear and tear'. And surprise, surprise that's exactly what their so called independent bed tec came up with.

How many of these so called bed tecs do you think would keep the contracts with Dreams if they continuously found against them? It would be interesting to see the statistics for their reports, especially as they are only ever called out if a customer has a problem.

kev1n

Hi all

I called dreams yesterday to check they have recieved my letter.

The lady on the phone said they had recieved my letter, stating that they were not willing to except the inspection because it wasn't from one of there approved compaines and they would not refund the cost's?????:mad:

Dreams never told me on the phone that if i had my own independant inspection done it would have to be from one of there approved compaines. They are saying that they are willing to get anouther one done for free now(last time it would cost me £40).

Now i have already taken time off work so these two inspections can be carried out and what will a third inspection find that the first two didn't?

The matress is faulty!

I dont know what to do now? Im still waiting for the letter to arrive.

Help!

Stephb1986_2

Perhaps you should get trading standards in on this. My mum has been having problems with the mattress she bought from Bensons for beds as it is a superking bed (sealy) it has like 2 single bases and a superking matress the matress has developed a hump in the middle she got it replaced and it has developed the fault after only 3 months of the new one arriving! We contacted bensons who asked us to send pictures of the bed to them and they will email us back that was 3 weeks ago and we haven't heard anything.

I hope you get it sorted soon

Steph xx

kev1n

Stephb1986 wrote: »

Perhaps you should get trading standards in on this. My mum has been having problems with the mattress she bought from Bensons for beds as it is a superking bed (sealy) it has like 2 single bases and a superking matress the matress has developed a hump in the middle she got it replaced and it has developed the fault after only 3 months of the new one arriving! We contacted bensons who asked us to send pictures of the bed to them and they will email us back that was 3 weeks ago and we haven't heard anything.

I hope you get it sorted soon

Steph xx

Im not 100% sure but i think i just send them anougther letter stating either they pay up or i will take action through the courts, then get a statment ready to submit to the courts. I would be happy if they just get me a new matress.

Tim_Deegan

kev1n wrote: »

Hi all

I called dreams yesterday to check they have recieved my letter.

The lady on the phone said they had recieved my letter, stating that they were not willing to except the inspection because it wasn't from one of there approved compaines and they would not refund the cost's?????:mad:

Dreams never told me on the phone that if i had my own independant inspection done it would have to be from one of there approved compaines. They are saying that they are willing to get anouther one done for free now(last time it would cost me £40).

Now i have already taken time off work so these two inspections can be carried out and what will a third inspection find that the first two didn't?

The matress is faulty!

I dont know what to do now? Im still waiting for the letter to arrive.

Help!

I would call the C.A.B. and trading standards, as I don't think that they can insist that you use one of their approved inspectors. Especially when the first one obviously gave a false report in their favour (it pust into question how independent they are).

Let Dreams know what you are doing, and that you are also going to tell Trading Standards about the first inspection so that they can investigate.

Tim_Deegan

kev1n wrote: »

Im not 100% sure but i think i just send them anougther letter stating either they pay up or i will take action through the courts, then get a statment ready to submit to the courts. I would be happy if they just get me a new matress.

I would get trading standards to take action on your behalf.

Tim_Deegan

Stephb1986 wrote: »

Perhaps you should get trading standards in on this. My mum has been having problems with the mattress she bought from Bensons for beds as it is a superking bed (sealy) it has like 2 single bases and a superking matress the matress has developed a hump in the middle she got it replaced and it has developed the fault after only 3 months of the new one arriving! We contacted bensons who asked us to send pictures of the bed to them and they will email us back that was 3 weeks ago and we haven't heard anything.

I hope you get it sorted soon

Steph xx

When she does get it replaced, tell her to insist that she gets a different brand, and not from one of the same group. Sealy is part of the Silentnight group which includes Silentnight, Sealy, Rest Assured, Layezee, and The Pocket Spring Bed Company.