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Memory Foam / Shenergy Mattress Problems

Hi there - I bought a Shenergy Mattress and 2 Pillows (costing £515.95 including delivery) from Park Beds a few years ago and we noticed recently were having trouble sleeping, have lots more aches and pains and the mattress has sunk (pillows sunk after a few months). I have been trying for months now to contact Park Beds to see about a replacement or refund but I've not heard from them. I did a search this morning on the internet and it looks like they have gone out of business.

Where do I stand, can I get a refund as this was paid on a credit card?

Thanks

Julie

Comments

  • Wywth
    Wywth Posts: 5,079 Forumite
    juliehelen wrote: »
    Hi there - I bought a Shenergy Mattress and 2 Pillows (costing £515.95 including delivery) from Park Beds a few years ago and we noticed recently were having trouble sleeping, have lots more aches and pains and the mattress has sunk (pillows sunk after a few months). I have been trying for months now to contact Park Beds to see about a replacement or refund but I've not heard from them. I did a search this morning on the internet and it looks like they have gone out of business.

    Where do I stand, can I get a refund as this was paid on a credit card?

    Thanks

    Julie

    At the moment CAB Representatives are only answering certain topics on the MSE forum and I'm afraid your question is not really within those areas.

    I would suggest you contact the board guide and request your thread is moved to another board (see the
    MSE forum index); I would suggest the Consumer Rights Board .
  • 00ec25
    00ec25 Posts: 9,123
    Combo Breaker First Post
    Forumite
    juliehelen wrote: »
    Where do I stand,
    simple answer is probably no where

    - was the mattress sold with a guarantee as to its lifespan, other than the standard 1 year ?
    - was the guarantee backed by insurance or in the name of anyone other than Park Beds?
    juliehelen wrote: »
    can I get a refund as this was paid on a credit card?

    - why, after "a few years" do you think any one is liable for this now, your credit card company certainly isn't
  • Wywth - thank you, I may do that.

    OOec25 - Memory Foam Mattresses are sold with either a 5 year guarantee or a 10 year guarantee (the one I bought was sold with 10 years). Also, I have checked the Consumer Credit Directive / Consumer Rights website and Section 75 states a company is liaible is an item is advertised as doing something and it doesnt. Also I believe you have extra cover when paying by credit card, that's what they save on all the TV adverts. Thanks
  • 00ec25
    00ec25 Posts: 9,123
    Combo Breaker First Post
    Forumite
    juliehelen wrote: »
    Wywth - thank you, I may do that.

    OOec25 - Memory Foam Mattresses are sold with either a 5 year guarantee or a 10 year guarantee (the one I bought was sold with 10 years). Also, I have checked the Consumer Credit Directive / Consumer Rights website and Section 75 states a company is liaible is an item is advertised as doing something and it doesnt. Also I believe you have extra cover when paying by credit card, that's what they save on all the TV adverts. Thanks

    the point I'm making is who's name is on the guarentee.

    your options are simple:

    there is no time limit for starting a S75 claim but after 6 months the onus is on you to prove the item was faulty, that may need someone to do a technical report on it, that someone will need to be paid so make sure you include it in your claim before you throw good money after bad

    if the guarantee is in the name of the manufacturer then start with them

    if not then your retailer no longer exists so your only option is a S75 against your credit card comapny who may or may not pay for the technical report
  • ILW
    ILW Posts: 18,333 Forumite
    juliehelen wrote: »
    Wywth - thank you, I may do that.

    OOec25 - Memory Foam Mattresses are sold with either a 5 year guarantee or a 10 year guarantee (the one I bought was sold with 10 years). Also, I have checked the Consumer Credit Directive / Consumer Rights website and Section 75 states a company is liaible is an item is advertised as doing something and it doesnt. Also I believe you have extra cover when paying by credit card, that's what they save on all the TV adverts. Thanks

    Do you have this 5 or 10 year guarantee in writing?

    If not where do you get it from?
  • Pinkypants
    Pinkypants Posts: 1,337
    First Anniversary Combo Breaker First Post
    Forumite
    Memory foam mattresses are sold with all sorts of guarantees and warranties, from 12 months to 25 years! I know I'm in the trade. Normally after 12 months any further guarantee is from the manufacturer.

    Speak to the manufacturer, but you'll need proof of purchase of that specific mattress not just a credit card statement with a bed shop next to it. Failing that photos of the label to prove which model it is.

    Good luck
    Helping the country to sleep better....ZZZzzzzzzz
  • CAB_National_Representative
    CAB_National_Representative Posts: 220 Organisation Representative
    edited 9 October 2012 at 10:24AM
    juliehelen wrote: »
    Hi there - I bought a Shenergy Mattress and 2 Pillows (costing £515.95 including delivery) from Park Beds a few years ago and we noticed recently were having trouble sleeping, have lots more aches and pains and the mattress has sunk (pillows sunk after a few months). I have been trying for months now to contact Park Beds to see about a replacement or refund but I've not heard from them. I did a search this morning on the internet and it looks like they have gone out of business.

    Where do I stand, can I get a refund as this was paid on a credit card?

    Thanks

    Julie

    Hi Julie - we'd recommend contacting our Consumer Helpline (08454 040506, Mondays to Fridays, 9am to 5pm) or your local bureau for advice on where you stand. Before you do, we'd suggest that you have all the paperwork to hand (or take it in with you if/when you go into your bureau). However, as other people have suggested, you need to check the guarantee and see if there was any kind of time limit to it.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Thank you, I just may do that.
  • immoral_angeluk
    immoral_angeluk Posts: 24,506
    Combo Breaker First Post
    Forumite
    OP you may wish to also post this over onto the Consumer Rights board
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
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