Bensons for Beds changing the deal after I'd paid

Joooon
Joooon Posts: 3 Newbie
edited 12 April 2012 at 3:42PM in Consumer rights
Hi everyone,

This is a little long I'm afraid.

Bensons for beds had a frame for £300 with a free matress or £100 off the matress of your choise. I chose a £300 matress, and with a little haggling got the guy in store (Perry Barker) to waive the delivery of £37.50. So the offer was £500 for matress & frame delivered.

One day, they had an extra 20% off sale. I phoned & spoke to Perry again, and he told me I wouldn't be able to have free delivery with it. Fair enough, convinced by the 24 hour cancelation option, I agreed to the offer of (£300 + £300) - 20% plus £37.50 delivery = £517.50, and paid 10% over the phone by debit card. 10 minutes later I realised that didn't include the £100 for not taking the free matress, so phoned back and was told I couldn't have it with the extra 20% (he hadn't mentioned that). I said at the very least I wanted to switch to the first offer, but at that price I wasn't sure. Perry offered to see what else could be thrown in instead of me canceling.

The next day we agreed I would get a pillow and matress protector. The day after that, Perry left the company.

The next week I went in to collect the pillow & matress protector, and do the paper work for the financing. It turns out Perry was outright lying in order to get the commision, and there was no record of the additional items. The woman in store (Manisha Rajwani) called the area manager to explain, and I over heard her say that Perry often "didn't do things right", and at no point has anybody questioned that Perry did make that offer. The manager (Richard Cooney) told me that I could have one or the other free items. After some though, I agreed under protest but told Manisha I was going to report the incident to trading standards. After getting the pillow, we went back to the desk where I signed the financing agreement and Manisha phoned Richard to report my intentions. Afterwards, Manisha told me that the option of the pillow was no longer offered (it later occured to me that I don't know if Richard knew the paperwork had been signed by that point) as Richard was "loosing patience with me". I explained that as far as I was concerned, the pillow was now my property, and refused to agree to let her cancel the deal. She told me that because she hadn't written in on the invoice, she was free to with draw it. I politely told her that was a load of crap, and told her I intended to take the pillow, and if she wanted to stop me she should call security. She seemed well aware that she didn't have a leg to stand on, but when I refused to budge, she did eventualy call security. I waited in store for them to arrive, briefly explained the situation to them, had them confirm that they wouldn't allow me to leave with the pillow, then left without it.

I've since contacted Bensons customer services - they tell me that because I can't prove it they don't have to honour it. And I've reported it to trading standards via the CAB.

Any suggestions for what I can do now?

Comments

  • sekrapa
    sekrapa Posts: 130 Forumite
    Part of the Furniture 100 Posts Photogenic
    Glad you dont shop at my store, with so many changes for 1 order I would have a headache trying to keep up.
  • There was only one (undocumented) change - adding the matress protector & pillow instead of me canceling the order.
  • sekrapa
    sekrapa Posts: 130 Forumite
    Part of the Furniture 100 Posts Photogenic
    So you agreed a price for the frame and mattress with free delivery for £500, and you were happy with that, but never went through with the sale.

    However, some time later the retailer had a 20% sale and you liked the idea of that instead. You agreed to purchase on the sale terms of the same item that was £500 now costs £517.50 and paid a deposit? You then wanted to switch to the first offer because it was a better price?

    I cannot understand why you agreed to the dearer price and paid a deposit, entering into a contract on those terms. They do not have to add the mattress protector and pillow as that was not included when you agreed the terms and paid a deposit.

    Unless the pillow was listed in the terms as a free item, and also as it is your word against an ex-employee, I don't really see what you can do.
  • pinkshoes
    pinkshoes Posts: 20,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'm confused as to why you cancelled a £500 order then agreed to £517.50???

    I would just write to them, cancel your entire order, then get your bed from elsewhere.

    Saying that, we have a Benson bed and mattress, and it's great quality - one of the best purchases I've ever made, as 2 years on it's still SO comfy!!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • ThumbRemote
    ThumbRemote Posts: 4,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    From what I can see you've swapped from one offer to another, tried to swap back, agreed a third offer instead and instead are stuck with something else. At each stage, where you could have backed out, you've agreed, signed paperwork, etc.

    Had you just left things alone originally there would have been no problems.

    I think in this case you are just going to have to chalk it up to experience.
  • Hi,

    Thanks for your replies, sorry if I was unclear about a few points.

    I never agreed to the first offer of £500, the first deal I agreed was the £517.50 which I made by accident because I thought it was almost £100 less than the original deal. Yes, that was 100% a mistake on my part, but I only agreed then and there over the phone instead of sleeping on it and realising my mistake because of the 24 hour no quibble cancelation policy. When I realised what had happened 10 minutes later, I phoned to cancel (not to switch to the other deal) at which point Perry offered to get back to me with an offer of freebies to not cancel. I didn't know they were going to have the other sale, if I'd have been sure I wanted it at £500, I'd have already agreed that, which I hadn't. It was purely the extra things that stopped me canceling.

    They don't admit what I was promised, but it's pretty obvious they know I'm telling the truth. If nothing else, they pulled the same again when they offered the pillow before I signed the financing agreement, then retracted it afterwards.

    Thanks again,

    Jon
  • sekrapa
    sekrapa Posts: 130 Forumite
    Part of the Furniture 100 Posts Photogenic
    Unless it is listed in the terms of sale that you signed, it may be difficult to prove that it was part of the deal.
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