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Bensons for beds. What are my rights ?

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  • Poppie68
    Poppie68 Posts: 4,881 Forumite
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    naedanger wrote: »
    But that is not the same as what Poppie68 said. She said that the op should take responsibility for the damage because either they left the tea in the way or they let the delivery men take the tea into the bedroom. Blaming the op for allowing delivery men to take tea into a bedroom seems unreasonable to me. Poppie68 also said the op should just take the £130 offered.

    That is not what Bensons have said. They have said they will pay for the damage if they are given quotes. (So they are not blaming the op.) This seems reasonable to me.




    The tea was given to the delivery guys by the op and allowed to put it in the bedroom or was (more likely) brought in by the op and left for them to drink when they had finished... The 1st instance 50/50 blame the 2nd 100% the ops fault.
    Why has everything these have to go down the compensation route?
    The carpet, walls and mattress could of been instantly cleaned up with no fuss.
  • naedanger
    naedanger Posts: 3,102 Forumite
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    Poppie68 wrote: »
    The tea was given to the delivery guys by the op and allowed to put it in the bedroom or was (more likely) brought in by the op and left for them to drink when they had finished... The 1st instance 50/50 blame the 2nd 100% the ops fault.
    Why has everything these have to go down the compensation route?
    The carpet, walls and mattress could of been instantly cleaned up with no fuss.

    Thankfully for the op Bensons agreed to pay. (I wonder if Bensons reached their decision based on as little information as you had.)
  • redstev
    redstev Posts: 29 Forumite
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    Thanks for feedback.
    I think it's common courtesy to offer workmen a cup of tea whilst carrying out work in your home.
    Two cups of tea were left on chest of drawers for the work men and they knocked cups over, causing the damage.
    Tea had stained carpet by the time we could clean it and tea had splashed the walls, when tea was wiped of the walls the paint has come of to, show the plaster behind. It's a new house and think it's quite a cheap paint job.

    I don't expect to take delivery of a £1700 bed and be left with such damage to my home and don't think I'm being unreasonable.
    If I was to return the bed Bensons would not be able to re sell it.
    Thank you.
  • Silver-Surfer_2
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    redstev wrote: »
    Thanks for feedback.
    I think it's common courtesy to offer workmen a cup of tea whilst carrying out work in your home.
    Two cups of tea were left on chest of drawers for the work men and they knocked cups over, causing the damage.
    Tea had stained carpet by the time we could clean it and tea had splashed the walls, when tea was wiped of the walls the paint has come of to, show the plaster behind. It's a new house and think it's quite a cheap paint job.

    I don't expect to take delivery of a £1700 bed and be left with such damage to my home and don't think I'm being unreasonable.
    If I was to return the bed Bensons would not be able to re sell it.
    Thank you.

    They wouldn't have to if they refused the return.
  • naedanger
    naedanger Posts: 3,102 Forumite
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    redstev wrote: »
    If I was to return the bed Bensons would not be able to re sell it.

    They would not be able to sell it as new. But they may have an arrangement to sell returns e.g. to hotels or for show homes etc. That said I suspect staining would reduce the second hand value considerably, even if the bed had never been used.

    But I suspect if Bensons believe that you are trying to exploit the situation, rather than seeking reasonable redress, then you may find they become less helpful. If you had spilled the tea what would you be doing with the mattress?
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    So you put the tea there?

    You're at fault then to be honest. Could have kept them in the kitchen for when they'd finished. They wouldnt be supping whilst assembling the bed.

    Did they even know they were there to knock off?
  • Torry_Quine
    Torry_Quine Posts: 18,840 Forumite
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    redstev wrote: »
    Thanks for feedback.
    I think it's common courtesy to offer workmen a cup of tea whilst carrying out work in your home.
    Two cups of tea were left on chest of drawers for the work men and they knocked cups over, causing the damage.
    Tea had stained carpet by the time we could clean it and tea had splashed the walls, when tea was wiped of the walls the paint has come of to, show the plaster behind. It's a new house and think it's quite a cheap paint job.

    I don't expect to take delivery of a £1700 bed and be left with such damage to my home and don't think I'm being unreasonable.
    If I was to return the bed Bensons would not be able to re sell it.
    Thank you.
    It never crossed my mind to offer tea to the men who delivered my bed. That said I can't imagine ever buying such an expensive bed and if I did would make sure there was no cups of liquid anywhere near where things are being moved around.

    You have been given a very generous offer for what sounds like a genuine accident.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
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    edited 22 February 2016 at 1:56AM
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    naedanger wrote: »
    Thankfully for the op Bensons agreed to pay. (I wonder if Bensons reached their decision based on as little information as you had.)




    It was just common sense really, delivery men would of been busy bringing in the bed and then busy with the installation, so made more sense that the tea was brought in by the op and in fact I was correct as confirmed by the op!


    Edit....In fact I posted the only 2 possible scenarios so it was going to be one of them.
  • naedanger
    naedanger Posts: 3,102 Forumite
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    Poppie68 wrote: »
    It was just common sense really, delivery men would of been busy bringing in the bed and then busy with the installation, so made more sense that the tea was brought in by the op and in fact I was correct as confirmed by the op!


    Edit....In fact I posted the only 2 possible scenarios so it was going to be one of them.

    I am still of the same view.

    We now know that the op left the tea on the chest of drawers, which in your view makes the op 100% to blame. I think it is unreasonable of you to make this judgement based on the information available to us.

    Even if the op did not tell the delivery men that the tea was there I would still allocate some or most of the blame on the delivery men for not taking enough care watching where they were going. (I would not say how much they were to blame without finding out the details of this specific incident e.g how easy was it to see the chest of drawers.)

    And if the op had warned the delivery men there was tea on the chest of drawers then depending on the circumstances I might conclude the op was completely blameless.

    I suspect Bensons will have spoken to both parties before agreeing to pay to fix the damage. I know they were more reasonable than you, since they have offered to pay.
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