Broken Bed No Refund

brokendoll

I bought a bed in mid March and less than 3 months later it broke.
This was because it was a cheap one with lots of wooden slats and plastic 'poppers' and they kept popping out, after fixing it for the millionth time I gave up. The main support pole was buckled slightly from all the times the mattress feel through too.

I was sleeping on the floor for a month before I could afford a new bed frame.
The supplier is refusing to refund me my money as it after 1 month.
Instead he is only willing to offer me a replacement parts for the broken bits.
I reported it to them on the 6th June and it took them until the 13th to get back to me and then they requested photos. I sent them pics and didn't hear from them again. I had to phone them again yesterday where he told me that because of distance selling laws he didn't have to refund me.

I looked it up and I know that I am covered by the Sale of Goods Act 1979 laws but today he has just said that he can choose to only offer replacement parts.
I have requested an exchange, a brand new boxed product so that I can at least sell it on to some other poor soul and I am waiting to hear back but I am furious.
I also purchased a mattress at the same time so he has already made a profit from my custom regardless of the refund.
This is hugely distressing for me as I suffer a major anxiety disorder already.

Is there anything else I can do to get my money back? It's only £90 but that is a lot to me right now!

Update: I have a new problem! They said they would send me a replacement part and they sent me a hand made plank of wood with written instructions of how to attach it to the bed to make it more sturdy. However it is not a part of the the original flat pack (ie been specially made) and it isn't a replacement of all of the broken parts.
I gave them a list of all the broken bits that needed replaced and photos weeks ago and again last week so they knew what was needed.
Even if it was an attempt at repair it does not make the bed usable as there is no repair or replacement of the other broken parts. Essentially it may have made the bed more sturdy if it had been sent out with the original frame but that doesn't make up for the bits that have been broken by it falling apart!
What can I do now?

bris

They can repair the bed, they have the right to do this.

Looksguywalker

You can ask for a refund, replacement or repair but effectively the seller gets to choose which one. Take the repair and sell it on as second hand.

brokendoll

Ok thank you. I have asked for a complete replacement so hoping that they will at least agree to this. They would need a courier to send the large replacement parts anyway so I would rather have a new boxed one that I can sell as complete and new. I can only see some bits that are broken but for all I or they know it is a different part of the bed's structure that is causing the main problem! I would not feel right selling it as it is a shoddy product and I wouldn't wish it on another person but unfortunately I can't afford to just let the money go.

What if it still breaks with the replacement parts? What are my rights then?

arcon5

Accept the replacement broken parts. You have a right to a 'remedy' and this is not necessarily a refund.

Pinkypants

brokendoll wrote: »

What if it still breaks with the replacement parts? What are my rights then?

Exactly the same as they where before. EG the SOGA applies to the purchase regardless if something has been replaced.

Item must be SADFART, Satisfactory, As Described, Fit for purpose and last a Reasonable amount of Time.

brokendoll

Update: I have a new problem! They said they would send me a replacement part and they sent me a hand made plank of wood with written instructions of how to attach it to the bed to make it more sturdy. However it is not a part of the the original flat pack (ie been specially made) and it isn't a replacement of all of the broken parts.
I gave them a list of all the broken bits that needed replaced and photos weeks ago and again last week so they knew what was needed.
Even if it was an attempt at repair it does not make the bed usable as there is no repair or replacement of the other broken parts. Essentially it may have made the bed more sturdy if it had been sent out with the original frame but that doesn't make up for the bits that have been broken by it falling apart!
What can I do now?

arcon5

The following points of SoGA will be of interest to you

48B
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(1)If section 48A above applies, the buyer may—
(a)require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or
(b)rescind the contract with regard to those goods,
if the condition in subsection (2) below is satisfied.
(2)The condition is that—
(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or
(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

48B(a) is an implied term in law, if breached you may rescind from the contract, thus receive a refund. The seller may reduce the amount of the refund to take in to consideration the use you have had.

So when did you report the issue?
When did they accept the goods was faulty?
How much time has passed?

brokendoll

I initially reported the issue on the 9th of June.
They asked for photos on the 13th June to 'indicate any issues with the bed frame' which I provided on the 21st after they ignore 2 further emails from me. They did not respond to my email/pics until I phoned them on the 10th of July. In that phone call they said that they were within their rights to refuse a refund but offered to send replacement parts.
I contacted them again to ask for a complete exchange on the 10th but they refused again saying that they had the replacement parts ready for dispatch.
In a final attempt to get my way I explained that I had had to buy a new frame and that the bed was not fit for purpose even with new parts but their reply was that the bed is fit for purpose, even though they agreed to send the parts 'to resolved the issue with the bed' which is a total contradiction.
On the 12th of July they said the parts (plural) would arrive on Tuesday 17th but this did not happen (I stayed in all day for it) The single plank of wood arrived on Wed 18th.
It has been of extreme inconvenience to me as I had to wait in on a day that the part did not arrive and I initially had to wait over 4 weeks for them to get back to my initial complaint and had to purchase a new bed frame during that time. Plus the part they sent will not make the bed usable so I have to put yet more time and energy into making it usable.

So should I contact them further (I emailed them on 19th to say that the part was not suitable and acceptable and I haven't heard back.) Phoning them is not much use as they aren't good at answering the phone, fob me off saying that they need the manager and I would rather have things in writing as proof anyway! Or should I now take it to trading standards?

Thank you by the way!

arcon5

Write them a letter giving them 14 days to fulfill their obligations under Sales of Goods Act, which requires them to offer a remedy (in this case, they've opted for a repair).

If they at this point have not done anything, send a letter telling them you formally reject the goods under the Sales of Goods Act (refer the relevant section) and that they should arrange a refund forthwith and can get in contact with you to arrange collection of the goods.

You can report them to TS, but that's just an aside as TS alone won't get you your money back.

This way if it went to court you can prove you acted reasonably. Although to be honest, bearing in mind you reported the issue 6 weeks ago you could well just send the latter letter demanding a refund. I'm sure nobody here would disagree that they have taken an unreasonable time to deal with it taking in to consideration the nature of the goods.

brokendoll

Thank you very much for your advice. I will update with the outcome whenever that may be.