Bensons for beds. What are my rights ?

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Hi everyone, need some advise please.

We bought a new bed from Bensons for beds at Christmas.
We paid £1700 for it, £700 cash and £1000 on interest free finance.

When the bed was delivered and installed unfortunately the delivery men knocked over a cup of tea onto the new mattress, damaging the mattress, carpet, tea stains to walls and damaging a chest of drawers.
I accept that accidents happen and Bensons rearranged to deliver a replacement mattress and compensate us for the damage, so was quite happy with that

Unfortunately it has taken nearly a month for replacement mattress to be delivered and when it finally came today it was damaged so was returned.

Bensons said they will compensate us for the damage caused but are now asking for quotes for painting and cleaning of carpets. I've already taken two days holiday from work to except delivery of the bed and am reluctant to take more time of yo arrange quotes, I think they should just make a offer of compensation.

I've spent a hour on the phone today to try and come to some sort of agreement, but have been unsuccessful.
I don't really want to return the bed I just want a new mattress although I want some money back as I've been messed about so much and bedroom has been damaged. They have offered me £130 of the mattress if I keep the tea stained mattress, but feel this is a insult.

I was hoping somebody could advise me on what my rights are, as we have affectivly paid for the bed in full so think there's no point in stopping paying the monthly finance .

I'm tempted to just ask for money back and return bed, but would mean two more days of work to return bed and get new one delivered.

I would proberbly keep existing mattress now and get stain professionally cleaned but don't want to pay full price.

Sorry if message is a bit long winded, I'd be grateful of any advise you could give me on my rights.

Cheers.
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    Where was the cup of tea they knocked over? A seemingly daft question, but depending on where/why it was there depends on what they should do, in my opinion.

    the finance is a separate issue so no you can't stop paying. You also say you'd keep it for a reduction but £130 is an insulting reduction. What reduction would be happy with and what % of the £1700 is the mattress?
  • redstev
    redstev Posts: 29 Forumite
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    Thanks for your post,
    We made a cup of tea for the delivery drivers while they assembled the bed and they knocked it over when bringing the mattress in.

    Think the mattress was about £1000 and the bed frame £700
    I'd be happy to pay half price £850 in total for bed and mattress.
    As far as I'm concerned the mattress is classed as a second so shouldn't pay full price for it, and the room has been damaged.
    I could take another day of and get another replacement mattress but not confident that it won't be damaged again.
    Thanks
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    £850 is a pretty excessive claim for tea stains on a mattress. You need to be reasonable.
  • redstev
    redstev Posts: 29 Forumite
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    I've also got to get a carpet cleaned, wall painted and a new top to a chest of drawers plus I've had to use two days holiday to take delivery.
    I've had faulty goods delivered and am expected to pay full price for it.
    Cheers
  • hollydays
    hollydays Posts: 19,812 Forumite
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    Do you want to keep a tea stained mattress?
  • boliston
    boliston Posts: 3,012 Forumite
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    I never realised how much damage a cup of tea can do - I would have thought that as long as it's mopped up pretty pronto there is little damage done - better than red wine lol
  • naedanger
    naedanger Posts: 3,102 Forumite
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    redstev wrote: »
    I'd be grateful of any advise you could give me on my rights.

    Cheers.

    If, as appears to be the case, Bensons have admitted liability you are entitled to return the bed for a refund (as it was faulty) and to be paid the amount needed to repair the other damage.

    If you are not prepared to get quotes then Bensons need only refund you for returning the bed. Anything else is subject to negotiation.

    Ultimately, if you cannot agree then you will need to rely on your rights.
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    redstev wrote: »
    I've also got to get a carpet cleaned, wall painted and a new top to a chest of drawers plus I've had to use two days holiday to take delivery.

    Then send them the itemised bills.

    Of course it is your responsibility to put a value on your claim.
    It is unreasonable to expect the seller to 'guess' at how much out of pocket you are due to their mistake.
  • redstev
    redstev Posts: 29 Forumite
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    Thanks very much for your advise so far.
    What would be my consumer rights ?
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    redstev wrote: »
    Thanks very much for your advise so far.
    What would be my consumer rights ?
    Your rights are to be compensated for the damage caused.

    Ultimately, if you took them to court, the court would need documented proof of your losses.

    My suggestion is that you start collecting your evidence and converting it to monetary values.
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