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Sleepmaster sensafoam stratus mattress issue

Ianh82
Posts: 154 Forumite

hi
i purchased a new mattress from sleepmasters in oct 2010 and an expensive one at that. it was a sensafoam stratus 2400 spring mattress with 2 inch memory foam on top with all the heat things ertc.
well, now i have a permanent dip where i sleep, the threaded dead things that are in between every few inchs are now flat on top and digging in to us as we sleep and it's now giving me back ache.
i have emailed them pictures etc and explained about the 10 yr guarantee and he replied with this;
[FONT="]Dear Mr. Harden[/FONT]
[FONT="]Thank you for your email and providing pictures I am sorry that you are unhappy with the condition of your mattress. I have viewed the photos, however, and I cannot see any evidence of a manufacturing fault. I believe that your mattress is experiencing normal settlement which is where the fibres and fillings in it compress. This is usually more prominent in the areas where the heaviest parts of the body lay, such as the shoulders and hips, and this is consistent with your mattress. [/FONT]
[FONT="]In the same way that a settee tends to dip down on the two end seats which are usually sat on the most, so a mattress will do the same. However, this is not a manufacturing fault. We do advise in our Care and Guarantee literature about settlement and an explanation is given and we also ask that you rotate (swap the head end for the foot end without flipping it over) the mattress weekly for the first eight weeks of use and every six to eight weeks thereafter. [/FONT]
[FONT="]As the product is over six months old, under the Sales of Goods Act the onus is on you to prove to Bensons for Beds that it is faulty. Should you feel strongly that this is the case, you are entitled to arrange for your own inspection but this would have to be at your own expense and by a company which was pre-approved by us (so you would need to let us know the details of the company and the cost before arranging an appointment). Should this find in your favour and report to us accordingly, we would review our decision and may reimburse you the cost up to a maximum of £100.[/FONT]
[FONT="]Kind Regards,[/FONT]
[FONT="]Adam Greenwood
Customer Service Advisor[/FONT]
[FONT="][IMG]file:///C:%5CUsers%5CIan%5CAppData%5CLocal%5CTemp%5Cmsohtmlclip1%5C01%5Cclip_image001.gif[/IMG]
where can i go from here? i have lifted extracts from the goods of sales act he refers to and being fit for purpose etc but do i need to get an independant assessor out?
we did not get any literature when we brought it and they said we didn't need to turn it around because it memory foam.
any advice would be gratefully rec;'d.
regards
ian
[/FONT]
i purchased a new mattress from sleepmasters in oct 2010 and an expensive one at that. it was a sensafoam stratus 2400 spring mattress with 2 inch memory foam on top with all the heat things ertc.
well, now i have a permanent dip where i sleep, the threaded dead things that are in between every few inchs are now flat on top and digging in to us as we sleep and it's now giving me back ache.
i have emailed them pictures etc and explained about the 10 yr guarantee and he replied with this;
[FONT="]Dear Mr. Harden[/FONT]
[FONT="]Thank you for your email and providing pictures I am sorry that you are unhappy with the condition of your mattress. I have viewed the photos, however, and I cannot see any evidence of a manufacturing fault. I believe that your mattress is experiencing normal settlement which is where the fibres and fillings in it compress. This is usually more prominent in the areas where the heaviest parts of the body lay, such as the shoulders and hips, and this is consistent with your mattress. [/FONT]
[FONT="]In the same way that a settee tends to dip down on the two end seats which are usually sat on the most, so a mattress will do the same. However, this is not a manufacturing fault. We do advise in our Care and Guarantee literature about settlement and an explanation is given and we also ask that you rotate (swap the head end for the foot end without flipping it over) the mattress weekly for the first eight weeks of use and every six to eight weeks thereafter. [/FONT]
[FONT="]As the product is over six months old, under the Sales of Goods Act the onus is on you to prove to Bensons for Beds that it is faulty. Should you feel strongly that this is the case, you are entitled to arrange for your own inspection but this would have to be at your own expense and by a company which was pre-approved by us (so you would need to let us know the details of the company and the cost before arranging an appointment). Should this find in your favour and report to us accordingly, we would review our decision and may reimburse you the cost up to a maximum of £100.[/FONT]
[FONT="]Kind Regards,[/FONT]
[FONT="]Adam Greenwood
Customer Service Advisor[/FONT]
[FONT="][IMG]file:///C:%5CUsers%5CIan%5CAppData%5CLocal%5CTemp%5Cmsohtmlclip1%5C01%5Cclip_image001.gif[/IMG]
where can i go from here? i have lifted extracts from the goods of sales act he refers to and being fit for purpose etc but do i need to get an independant assessor out?
we did not get any literature when we brought it and they said we didn't need to turn it around because it memory foam.
any advice would be gratefully rec;'d.
regards
ian
[/FONT]
0
Comments
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but do i need to get an independant assessor out?
Yes; because they have denied it is a manufacturers fault it is now up to you to prove it is (they have covered this in their letter) and you will then need to take it up with the retailer when you have a report.
It sounds as if you have bought quite a cheaply made mattress i.e it is only one sided, so you might struggle on this one.0 -
the mattress retailed at £1500 but we paid £900 in a sale so it aint cheap. it was there top of the range apparently.0
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2" is vey poor for memory foam IMO0
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so i have learned.0
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the mattress retailed at £1500 but we paid £900 in a sale so it aint cheap. it was there top of the range apparently.
Ouch..........
We just bought a new mattress about 4 months ago. All I can tell you is that it is all smoke and mirrors. If you search on here you will find plenty of information (most of which is slagging off the opposition).
In the end I took a chance and called the ex-member who was PPR from MSE and bought one from him. So far I have been very pleased but the main reason for my choice was the ability to turn it over thereby hopefully doubling the life.
The one thing I would do is avoid the sheds the are very expensive (as you have found out)0 -
sounds like i'm knackered then. i am going to change the mattress round tonight and see if that helps with my light weight 5 ft partner sleeping on my side.0
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[FONT="]Should you feel strongly that this is the case, you are entitled to arrange for your own inspection but this would have to be at your own expense and by a company which was pre-approved by us (so you would need to let us know the details of the company and the cost before arranging an appointment). Should this find in your favour and report to us accordingly, we would review our decision and may reimburse you the cost up to a maximum of £100.[/FONT]
They may quote SOGA but they obviously don't understand it. They have no right to vet the inspection company nor set a maximum re-imbursement cost. As long as you are happy that the company is qualified to give an expert opinion then there is no problem.
[/FONT]This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
[FONT="]
As long as you are happy that the company is qualified to give an expert opinion then there is no problem.
[/FONT]
Hmm, not sure about this who ever does an inspection will need some sort of qualification or at least be known within the industry. Even if you argue that the person is qualified the other party could argue they are not. (And of course vica versa if OP challenged the manufacturers expert)0 -
I did assume that the OP had enough gumption to work out that '[FONT="]happy that the company is qualified to give an expert opinion [/FONT] ' meant check some sort of qualifications are heldThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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i will look into this and see what his response to my email is like. the SOGA says that the goods need to fit for purcpose and quotes 7 years in certain situations. i would argue that a £1500 mattress should not be uncomfortable or have bits proding in your back after 18 mths.
i'll also check who there guys are and see how much an assessment costs.0
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