Bensons Beds

SilverLining_2

We bought a new set of bedroom furniture including a matching wooden bed back in nov 2007. this was paid on monthly payments with black horse finance. we are still paying for it and have over 1-2 years left.

2 weeks ago, there was a cracking noise from the bed and when we had a look, the right hand side panel that holds the mattress on has come away from the actual frame. this now means that we can not lay on the right side bed as the damage is so bad now that its as though we are on a slope and falling through.

I spoke to bensons beds when this happened and they advised to email some photos to show them.
I have just got a reply back saying that.....

...I have spoken to our quality control manager and he has said unfortunately you are out of your guarantee so unfortunately we can not do anything he has said if someone can drill a hole in the side rail a screw will keep it in place......

their so called guarantee is for one year.

I dont want a replacement or refund, I would just like it to be repaired. I am not in any fit state to start drilling holes etc.

What are my rights here? do I have any?
As I said, Im still paying for the bed and am not willing to pay for something that is broken.

please help
thanks

Tim_Deegan

SilverLining wrote: »

We bought a new set of bedroom furniture including a matching wooden bed back in nov 2007. this was paid on monthly payments with black horse finance. we are still paying for it and have over 1-2 years left.

2 weeks ago, there was a cracking noise from the bed and when we had a look, the right hand side panel that holds the mattress on has come away from the actual frame. this now means that we can not lay on the right side bed as the damage is so bad now that its as though we are on a slope and falling through.

I spoke to bensons beds when this happened and they advised to email some photos to show them.
I have just got a reply back saying that.....

...I have spoken to our quality control manager and he has said unfortunately you are out of your guarantee so unfortunately we can not do anything he has said if someone can drill a hole in the side rail a screw will keep it in place......

their so called guarantee is for one year.

I dont want a replacement or refund, I would just like it to be repaired. I am not in any fit state to start drilling holes etc.

What are my rights here? do I have any?
As I said, Im still paying for the bed and am not willing to pay for something that is broken.

please help
thanks

Contact them again, and ask what the design life of the bed is. If it is longer than the bed has lasted, then they (or the manufacturer) should pay towards the cost of replacement or repair.

The finance agreement is most likely with a finance company rather than with Bensons, so has no links to the guarantee. However I'm sure someone on MSE will clarify this, but I'm sure you can return goods that are on a finance agreement once they are so far into the term, then you won't have to make any more payments. A friend of mine did this with a car, so it may be the same with all goods.

SilverLining_2

Mysolicitorisbetter wrote: »

You are covered under the SOGA to a degree and possibly the CCA further

The SOGA states that the bed has to be durable, of good quality and not inherently faulty. The question to be considered is that whether it is reasonable for this to happen after 2 years. Price will be a key issue here. A cheap entry level bed and I would say you would struggle. An expensive premium bed then you shouldnt have any bother. I would also suggest you will be an issue here as they may argue that if you are of a large nature this is why it has worn so soon.

The CCA means that the credit company are jointly and sever liable under the SOGA

Your first action should be to send a letter stating that under the SOGA you feel they are in breach of contract that the bed is not durable and request they remedy the situation . Templates are on line. The problem here is the reverse burden of proof and that you may end up having to proof its not durable with expert reports etc.

What did the bed cost? what sort of use has it had? What are those who sleep in it weighing?

Thanks for your reply.

What does the CCA mean?

The whole of the furniture cost around £3000, the bed was approx £500-800 maybe more, Im hoping that would mean its not a fairly cheap bed (mattress seperate price).

The bed has had normal use, no kids jumping on it etc

The 2 sleeping in it weigh 14 stone and 10 stone -the thing is, the damage is down the right hand side at the foot end so hardly any weight is on it -it is a bed with a footboard (?!?) you cant sit at the end of the bed as this is there.

I have already spoken to bensosn beds again and they are refusing to do anything as they say it is well past the guarantee and that I should just drill a screw in it myself!!

As previously mentioned, I only want it repaired :mad:

SilverLining_2

Awww thanks

I realised what CCA was after I posted that lol what a duh hehe

thanks very much for your help

Tim_Deegan

SilverLining wrote: »

Thanks for your reply.

What does the CCA mean?

The whole of the furniture cost around £3000, the bed was approx £500-800 maybe more, Im hoping that would mean its not a fairly cheap bed (mattress seperate price).

The bed has had normal use, no kids jumping on it etc

The 2 sleeping in it weigh 14 stone and 10 stone -the thing is, the damage is down the right hand side at the foot end so hardly any weight is on it -it is a bed with a footboard (?!?) you cant sit at the end of the bed as this is there.

I have already spoken to bensosn beds again and they are refusing to do anything as they say it is well past the guarantee and that I should just drill a screw in it myself!!

As previously mentioned, I only want it repaired :mad:

From what you have said it sounds like the bed is either of poor quality (in which case it was very over priced), or it was faulty.

It should be fit for purpose, which in the case of beds would mean for two people up to about 18 or 19 stone to use for many years for normal bedroom activities. This could include rather energetic bed time activities

This isn't the first time I have heard of Bensons being in breach of trading laws.