Divan Bed Warranty

rjtolhurst

Hi, I purchased a Silentnight divan bed set from BHS about 4 years ago (it had a 5 year guarantee). After 2 years, the middle springs in the mattress collapsed, and it was like sleeping in a canoe. I rang BHS 2 years ago, they sent someone out to inspect the bed, and the mattress was replaced with a like for like replacement (allegedly - although it was uncomfortable) due to the faulty springs.

About 3 weeks ago, I noticed it dipping once again in the middle, so knowing the process, I once again called up BHS and they sent round someone to inspect the mattress. He concluded that the same thing had happened again and that the springs had collapsed internally. This time however I got a phone call from BHS advising that they would not be able to replace the mattress, but instead I would get a partial refund. This refund was 40% of the cost of the mattress, roughly £130. I was forced to accept their offer as I had no alternative..

My question is are they able to do this and not even offer a replacement... Im now left without a usuable mattress which is no fault of my own as I followed all the care instructions, with no-where near enough money to be able to get a decent replacement.

Looking for some advice on whether this can be done, and also whether it is worth complaining under section 75, as it was paid for in full on a credit card?

Many Thanks

InsideInsurance

Who is the guarantee from? What are the terms of it?

Under SOGA it is the merchants choice if to repair, replace or refund once the goods have been accepted. If a refund is given they are allowed to deduct the use already received from the item. Its 4 years old and they've given a 40% refund suggesting they estimate a mattress should last 6-7 years. You could argue this is slightly low and that 8 years is more reasonable for this level of quality and as such it should be a 50% refund but it is very subjective.

What you are entitled to under the guarantee is subject to its terms and no one can advise without reading them. Presumably they go beyond the statutory rights of the SOGA but that isnt always the case.

rjtolhurst

The guarantee is from Silentnight, and is a 5 year standard with all their mattresses although finding any information on its terms and conditions is near on impossible. (Just had a thought whilst typing this... do you think it would be a good idea to request full terms and conditions of the guarantee from Silentnight?) The booklet that comes with the bed has 1 paragraph which talks briefly about the level of money you would be expected to contribute if the bed needed replacing under warranty. I believe it says 60% (if 4 years old) that I would be expected to contribute myself, hence where I think they have got 40% refund from. (although technically its under 2 years old as I've already had 1 replacement)

Do you think section 75 would cover the gap in payout given that they already admitted it was a fault with the mattress? Or would you deem 40% to be fair. Just dont want to go to all the effort of ringing up the card company if there isnt a case to be heard.

InsideInsurance

S75 just makes the retailer and the merchant equally liable so if you are only legally owed £100 then you can only claim £100 from either, if you got £75 from one you could claim the £25 from the other but cannot claim £100 from both and never will it be a case that one owes a different amount to the other.

The warranty is from date of purchase, it doesnt get reset when there is a replacement/ repair made but you may get a temporary additional warranty.

Personally I think 40% is a touch low but not terrible. My Silent Night bed lasted about 5 years before it was terrible to sleep on and so a life of 6-7 as BHS estimate isnt too bad. Online estimates 8 years for a run of the mill so if its 4 years old then 50% refund would seem more reasonable.

I'd continue with BHS in the first instance saying you believe their offer is low as the average life expectancy should be longer and that you'd accept an offer of x% to conclude the matter.

wealdroam

InsideInsurance wrote: »

I'd continue with BHS in the first instance saying you believe their offer is low as the average life expectancy should be longer and that you'd accept an offer of x% to conclude the matter.

But unfortunately the OP has already accepted a 40% refund, so has probably lost the opportunity to continue negotiations.

No harm in asking though.