Charge for replacement?

novo_2

Hi everyone,

I bought a mattress that developed a fault after 3 months; one of the tufts broke and disappeared through the cover of the mattress into the filling. The shop sent someone to look at it and as it couldn't be repaired they replaced the mattress. Now, after 16 months, this mattress has developed the same fault. The shop are sending someone over again on Wednesday, but say their guarantee only covers 1 year and if a replacement is needed I will have to pay part of the costs.

Well, to me it is clearly a fault in the mattress as this is the second one with the exact same problem. I just can't find out what would be considered a reasonable charge for replacement. I have found guidance on what would be a reasonable partial refund, but I would want a replacement. So would the same formula apply for a replacement? So say I expect the mattress to last 8 years and I have had it for 1.5 years they can charge me 18.75% of the cost of replacing it?

Your advice would be very much appreciated.

InsideInsurance

In theory, though if a reasonable life is 8, 6, 3 years etc is evidently up for debate.

To be honest, wait until you hear what they offer and then decide if you feel it is reasonable or not

mattyprice4004

You mention you wouldn't want a partial refund, well unfortunately it's their choice so if they offer that and it's reasonable, you'd be obliged to accept.

Pinkypants

A replacement tuff shouldn't cost too much.

No more then £50 for a man to come out with a big needle, stick it through and attach a tuff.

Also mattress will not suffer just because a tuff has broken. Depending on how much they charge you it may be worth just using it as it is.

novo_2

thanks for your advice everyone!

Someone came to have a look and they said they could replace the mattress, but would charge delivery costs of just over £60. They said the problem with the tufts does not affect the rest of the mattress, or how it feels sleeping on it, and we could just pull the tuft back through the cover and then stitch the hole back up so it won't fall through again. I just needed to know that if we just left the problem we would not end up a year from now with a lumpy filling.

I am confused though that they are not charging part of the cost of a new mattress but instead delivery. I thought they couldn't do that through the sale of goods act. Also not sure if the costs are worth getting a year and a half newer mattress for. Btw, they said that mattress should be expected to last 8 to 10 years, so that's good.

unholyangel

mattyprice4004 wrote: »

You mention you wouldn't want a partial refund, well unfortunately it's their choice so if they offer that and it's reasonable, you'd be obliged to accept.

Not entirely true. The consumer can request one remedy (repair, replace, refund - which can be partial to take into account usage) but the retailer can refuse if the chosen method is a) impossible or b) disproportionately costly in comparison to other remedies.

Even if partial refund was the only option and the offer was reasonable, the consumer is under no obligation to accept it. However in essence you're right, it would silly of them to disregard the offer as if the retailer dont budge, their only option would be small claims who would (if the offer the retailer made was reasonable) likely side with the retailer that their offer was "fair".

novo wrote: »

thanks for your advice everyone!

Someone came to have a look and they said they could replace the mattress, but would charge delivery costs of just over £60. They said the problem with the tufts does not affect the rest of the mattress, or how it feels sleeping on it, and we could just pull the tuft back through the cover and then stitch the hole back up so it won't fall through again. I just needed to know that if we just left the problem we would not end up a year from now with a lumpy filling.

I am confused though that they are not charging part of the cost of a new mattress but instead delivery. I thought they couldn't do that through the sale of goods act. Also not sure if the costs are worth getting a year and a half newer mattress for. Btw, they said that mattress should be expected to last 8 to 10 years, so that's good.

Do you have it in writing from them that the expected life of the matress is 8 to 10 years?

Essentially under the SOGA the burden of proof falls on the consumer after the initial 6 months. You could try using the previous matress developing the same fault as "proof" (as ultimately small claims goes on the balance of probabilities) but usually this is done through an independent report - the cost of which you should be reimbursed for from the retailer. However if they have admitted it was inherently faulty already....there should be no need for this report.

And yes under the SOGA the remedy should be of no significant inconvenience and of no cost to the consumer.


However at present it sounds as if they are dealing with it under their own policy as opposed to SOGA. If they have already admitted liability in writing and the life expectancy, I would write to them asking for a replacement to be sent at no cost to you under the SoGA.

novo_2

Do you have it in writing from them that the expected life of the matress is 8 to 10 years?

Essentially under the SOGA the burden of proof falls on the consumer after the initial 6 months. You could try using the previous matress developing the same fault as "proof" (as ultimately small claims goes on the balance of probabilities) but usually this is done through an independent report - the cost of which you should be reimbursed for from the retailer. However if they have admitted it was inherently faulty already....there should be no need for this report.

And yes under the SOGA the remedy should be of no significant inconvenience and of no cost to the consumer.


However at present it sounds as if they are dealing with it under their own policy as opposed to SOGA. If they have already admitted liability in writing and the life expectancy, I would write to them asking for a replacement to be sent at no cost to you under the SoGA.

Thanks. I don't have anything in writing. The life expectancy he told me, but he did not literally say it was a mattress fault, although he did not say it was my fault either. How would I proceed if I wanted a replacement at no cost?

Actually, maybe even if I decide just to keep this mattress, I guess it would be best to get in writing of them that the tuft problem should not impact on the life expectancy of the mattress or would cause any other problems, together with their estimated life expectancy.

unholyangel

novo wrote: »

Thanks. I don't have anything in writing. The life expectancy he told me, but he did not literally say it was a mattress fault, although he did not say it was my fault either. How would I proceed if I wanted a replacement at no cost?

Actually, maybe even if I decide just to keep this mattress, I guess it would be best to get in writing of them that the tuft problem should not impact on the life expectancy of the mattress or would cause any other problems, together with their estimated life expectancy.

Well first things first....I would find out if this is actually a "fault" or is it expected? A quick google might help you on that front

novo_2

well, I don't think you can expect the tuft to break. Some manufacturers specifically include broken tufts in their guarantee. Nothing mentioned about this on my mattress's manufacturer's website, but I have to go through the shop anyway.

novo_2

I spoke to the retailer and he refuses to replace the mattress at no cost. He started quoting Silentnight's warranty (my mattress isn't even that brand) as an example of how they only replace a mattress for free in a year's warranty and after that you will be charged costs. I told him under the Sale of Goods Act I would be entitled to a replacement at no cost after which he claimed that the tuft problem was a fault but does not affect sleep and therefore does not fall under the Act. I told him that the Act under 'of satisfactory quality' includes minor defects as well. He just wouldn't agree and I told him I would write a letter. Can't see this ending well though.

novo_2

Just an update: I wrote a letter using the template from here and I am now getting a replacement for free. Really pleased with the outcome.