mouldy bed, what can I do?

superchick

I hope that someone has some advice about my rights and can give me a bit of a heads up as to what to do otherwise I could be out of pocket quite considerably!!

We bought a divan bed from Sleepmasters in March 2009 costing just under £800. We turned it regularly as suggested and have not done anything unusual in it. No spillages or similar. In fact it's been brilliant- really comfy. However the first few times we turned it in the first months there was a slight dampness to it so we let it air for a few hours at a time

Today turning the mattress there is a biiig mouldy patch on the underside of the mattress and on the base. Probably about 30cm square. I have tried to clean it gently using mild detergent but the fabric has started to rip so i stopped.

Clearly I want my money back/replacement bed but the T&C are:
"Sleepmasters guarantee to repair or replace any part of a bed deemed to be defective due to faulty materials or workmanship free of charge for a period of 5 years. The guarantee will not apply if the product has

• Been subject to excessive wear and tear
• Suffered accidental damage
• Been allowed to become soiled

Note: to avoid unnecessary disputes it is recommended that all new beds are covered with a Sleepmasters Mattress Protector."

I think that this is a case of faulty goods or some damage prior to delivery but am expecting that sleepmasters will dispute that we have done something wrong (like allowed it to become soiled somehow, not used a mattress protector, have a slightly damp house - rented not our fault!).

Where do we stand on this one, what can I do to make sure we get our money back? I have heard that the company will send someone round to investigate, does any one have any experience with a similar situation and can give any advice.

Much appreciated!

Mankysteve

I don't think you've got a leg to stand unfortunately it your responsibility to make sure that the bed is kept dried and aired.

Unless you can prove that the damp as there when you received the item they'll say that the damp spot has been caused by you and fabric was damaged by the damp conditions.

If the house is damp then its the landlords responsibility to sort that any damage caused by it you may be able to claim off but still nowt to do with manufacture.

4743hudsonj

you may be able to get a repair or replacement under the sale of goods act. However, it is up to you to prove to the retailer that the fault was inherent at manufacture and was not your fault (ie the conditions in your house).

This would mean getting somebody like a furniture upholsterer or similar to examine the bed and determine a cause. This would have to be at your cost. If they decide it was inherent, you can claim for a repair/replacement/refund at the retailers discretion and also claim for the cost of the report. However, if, and this is what i suspect, the report comes back inconclusive or against you, you will be even more out of pocket and have no claim.

My advice is contact the retailer first, see how it goes, if they dispute then you need a long hard think of whether pursuing a claim will be wasting good money after bad. Either way, contact consumer direct for more info and advice.

aliasojo

Imo, this is not the retailer's fault. IF (and this is a big IF) there was any dampness in the mattress when it arrived, you would have known about it within the first night or two, you have no case almost a year later.

As stated above, the onus is on you to prove the issue and you would need to commission an independant report which can cost anywhere between £100 - £300 (as told to me by TS during a conversation about my bed problem).

superchick

Thanks everyone - not the answer i wanted but I appreciate the speed of reply!

My problem now is that it's going to keep happening. Our house really isn't that damp, just the external walls and the bed is against a dry internal wall. So if we claim on our contents insurance and get a new one we can't really do any more than we already have to protect our bed except move house or kick up a big fuss with our landlords (who are nice people that we like and don't want to upset).

McKneff

I dont see at all how you can claim on your contents insurance.

I think your only recourse is to see your landlord, You have already said that the outside walls are damp. Dampnesss doesnt just stay in the walls, it seeps into the air in the room.

tanith

You aren't going to get anywhere with the Insurance company , it seems damp is the problem and thats up to you to put right, or see to it that your LL does ... the flats damp so things are going to get mouldy you need to address that problem

ixwood

superchick wrote: »

Thanks everyone - not the answer i wanted but I appreciate the speed of reply!

My problem now is that it's going to keep happening. Our house really isn't that damp, just the external walls and the bed is against a dry internal wall. So if we claim on our contents insurance and get a new one we can't really do any more than we already have to protect our bed except move house or kick up a big fuss with our landlords (who are nice people that we like and don't want to upset).

it's obviously damp enough for mould to grow. Most damp is caused by occupiers. You need to remove the source of moisture, or increase ventilation. Search the site for condensation. There's loads of threads on here with good advice.

superchick

So basically I'm £800 down. End of. That's depressing.

ixwood

If it's only a little patch, can't you clean it? it should be fine once your sort your humidity problem out.

Really, the bed is the least of your worries. Damp air is bad for your health, as well as your property.

baza52

perhaps a matress protector would keep all those body fluids of it.
does seem strange that the damp started in the middle of the bed and not around the edges.
Is there a watermark on the opposite side of the mould?
If there is its probably time to blame your pet/kids/partner.