Refund on uncomfortable high end mattress after 6 months

reihtec

Hi

In May 2012, I contacted Tim Deegan (some of you know him from this forum, but only now do I realise he was already banned). Anyway I told him that I had seen people had recommended him on this forum and I asked him for advice on purchasing a Latex mattress as we had seen a nice one in the shops but it was too expensive and would take too long to deliver.

His recommendations were too expensive so I went for the one that I could afford and I told him I was going to purchase that one. Which he never said would invalidate his "money back guarantee". He also told me the mattress would take 3 weeks. We were desperate for a good mattress as my wife was pregnant and we needed a better night's sleep. I made him aware of this.

The mattress only arrived 6 weeks later even after chasing several times before that.

We then found that the mattress was actually very uncomfortable and gave us back and shoulder aches. I contacted Tim within 7 days of receiving the mattress, to which he said we should try it for a few more days and got me to try several things such as turning the mattress etc which I did. He then said he would honour the guarantee "out of goodwill" but would have to find a replacement first instead of a refund. I felt I had no choice and just wanted a good night sleep so went with a memory foam mattress as all the latex ones he offered were more expensive and he wanted me to pay the difference.

The memory foam mattress arrived a week or so after my baby was born. This mattress was slightly better but with all the things happening in my life I just let it go. Even though the memory foam mattress was slightly cheaper, he never paid me the difference back.

I eventually contacted him last month saying that this mattress is just far too uncomfortable and my wife and I both are waking up with sore backs still. His response was:

I am very sorry, but due to the very long time frame involved, then I’m afraid you are way outside the satisfaction guarantee period.

But having paid nearly £500 for the original mattress, I would expect a good nights sleep with no aches and pains. My previous mattress was only £170 and gave over 3 years of good nights without any aches and pains.

I do feel that he pressure sold me on the other mattresses and I know I should've gone back to him sooner but to be honest, I was quite put off by the thought of dealing with him again. But now I need to see if I can get all or some of my money back and just get myself a new mattress.

Thanks in advance for any help and advice.

neilmcl

The mattress may be "uncomfortable" to you but it's in no way faulty and given the period of time that has now passed you have no rights that will allow you to return it. I'm afraid you're stuck with it.

reihtec

Hi Neil

Thanks for getting back to me. That's really disappointing. Makes me regret this purchase even more. It is definitely the second worst purchase I've ever made in my life and I'm gutted that I spent so much for something that I can't use now. It has actually caused me a lot of mental stress