Faulty mattress

8elarus

Hi all.
I've got an issue with a mattress i purchased from a Bed Factory outlet in Leeds. Used them before with no issues so bought another mattress from them.

Been emailing back and forth trying to sort it out with their head office manager- to date no joy.

My partner contacted the store initially to discuss it and was advised this had nothing to do with the store/retailer and they needed us to take pictures so that they could be sent to the manufacturer for a decision.
I found this somewhat unusual and contacted the manufacturer directly who refered us back to the retailer.
Under the Consumer Rights Act the responsibility lies with the retailer and not the manufacturer.
The matress has only been used for 7 weeks (biught in April for the nursery to sleep there when the baby arrives), looks and feels well used. Initially appeared to be fine and now it feels like sleeping in a hammock.
I ended up sending pictures over to the retailer and it turned out there's a sagging tolerance level and ours seem to be OK. The manufacturer advised it's not set in stone and depends on a number of factors. So i still don't get how it can be within tolerance if it's not defined anywhere in the product description.

Their recent reply is: You initially raised three concerns with the mattress.
Undue wear.
Border not straight.
Sagging in the centre.
The manufacturers have now seen the images, and they agree with my initial assessment, that no fault is indicated in these images.

Quote
“Looking at the images provided, there is no fault with the mattress as the settlement they are experiencing is due to the natural fillings used”.
“Should your customer still be unhappy, then we can send an independent inspector out to them, but should this come back with no fault,
then the charge of £40 + VAT would have to be passed on to you”.
We would now request the opportunity to have the mattress independently inspected. On the basis that we will pay for the inspection if the mattress is found to be faulty, and you will pay should it not.

If we are unable to resolve this matter amicably, then of course there are several avenues open to you. Trading Standards, County Court etc.

I'm getting a distinct feeling i'm being fobbed off. I spoke to CA Consumer helpline but they pretty much quoted back their web-site. I understand it's covered by the consumer act, but it's about proving there's a problem with it (the store have to prove it not me and I know it) and I'm having a bit of an issue with it.

So if somebody had similar issues with a successful outcome - any input will be much appreciated.

Can't seem to find how to attach pics and don't know how to insert them, sorry.

Thanks.

Alice_Walker

The manufacturer has visually inspected the bed (via the pictures) and is satisfied there is no fault. The retailer is relying on this informed opinion, and so feel they have discharged their obligation. The burden of proof has now turned to you. They are reasonably offering to arrange an independent inspection, which will only be at your cost if the inspector agrees with their viewpoint there is no fault.

What more are you expecting them to do? If the manufacturer comes out they're only going to see the same as in the pictures. If you are satisfied that the mattress is faulty then allow the independent inspector to visit, or arrange a report yourself.

[Deleted User]

8elarus wrote: »

the store have to prove it not me and I know it

You are the one accusing the store of selling faulty goods and, as such, the onus is on you to show that this is the case, not the store at all.

The store have offered you the opportunity to have the bed inspected by an independent. However, they are not "fobbing you off" by informing you that you'll have to pay for this unless the inspection finds in your favour.

I really can't see how you can otherwise proceed here...

JJ_Egan

OP You are right cost you nothing at all .
You are not right it will cost you £40 + Vat .

[Deleted User]

JJ_Egan wrote: »

OP You are right cost you nothing at all .
You are not right it will cost you £40 + Vat .

Too many "rights" there.

If Op is right it will cost him nothing and the bed will be replaced refunded.

If OP is WRONG it will cost him £40

8elarus

What more do I want?

To make sure it really is an independent inspection and how indeed I can arrange for one myself.

I did a quick search online and the top result came up with an independent inspection service. The cost of an inspection report will be £295.00 payable on inspection. The next best option is around £150 mark. The mattress cost me £160, so at £40 plus VAT it does sound like a reasonable deal but how independent is it going to be?
I just wanted to hear from people who had similar issues and possibly booked an inspection in the past with a successful outcome.

By the way, the manufacturer rep refused to confirm the exact 'tolerance level'. According to the shop it's 1.5 inches- as per example pic they sent me. According to the manufacturer there isn't a set level as it depends on way too many things, so basically, even if my bum touches the floor when I'm sleeping on the mattress and they still say it's OK, then well..... it is OK.

I emailed the manager today and yet to hear anything back:

I sought advice with the Citizens Advice Consumer Line who advised I'm still covered under the Consumer Right and it's up to you to prove the mattress was of adequate quality and not faulty when we purchased it.

Please confirm if you're a member of the ADR scheme and the registered postal address the letters should be sent to. I was advised to contact the head office by letter before I can take this up further with Trading Standards or the Ombudsmen.

I've also contacted the manufacturer who confirmed there isn't a set 'tolerance level' you've been referring to and it's different for different models and depends on the model and the way the product is used. Once again, it's a matter of opinion and it's down to you to prove there isn't any faults with the item.

I note you've failed to address the warranty question.

Please also provide the list of independent inspectors you and the manufacturer are willing to accept should I decide to book the inspection directly with them.

[Deleted User]

8elarus wrote: »

To make sure it really is an independent inspection and how indeed I can arrange for one myself.

The retailer does not have to provide a "list" of independent inspectors. If you want to select your own then do so, but that's at your own risk of course.

8elarus wrote: »

I just wanted to hear from people who had similar issues and possibly booked an inspection in the past with a successful outcome.

What you appear to be asking is for a guaranteed outcome in your favour. This is not possible with an independent inspection. If you have a robust and valid complaint then I encourage you to employ an independent. Otherwise, you risk being out-of-pocket and still being dissatisfied with your mattress.

You do realise that you are addressing the forum as if they are the retailer in the latter half of your post?

glentoran99

8elarus wrote: »

What more do I want?

To make sure it really is an independent inspection and how indeed I can arrange for one myself.

I did a quick search online and the top result came up with an independent inspection service. The cost of an inspection report will be £295.00 payable on inspection. The next best option is around £150 mark. The mattress cost me £160, so at £40 plus VAT it does sound like a reasonable deal but how independent is it going to be?
I just wanted to hear from people who had similar issues and possibly booked an inspection in the past with a successful outcome.

By the way, the manufacturer rep refused to confirm the exact 'tolerance level'. According to the shop it's 1.5 inches- as per example pic they sent me. According to the manufacturer there isn't a set level as it depends on way too many things, so basically, even if my bum touches the floor when I'm sleeping on the mattress and they still say it's OK, then well..... it is OK.

I emailed the manager today and yet to hear anything back:

I sought advice with the Citizens Advice Consumer Line who advised I'm still covered under the Consumer Right and it's up to you to prove the mattress was of adequate quality and not faulty when we purchased it.

Please confirm if you're a member of the ADR scheme and the registered postal address the letters should be sent to. I was advised to contact the head office by letter before I can take this up further with Trading Standards or the Ombudsmen.

I've also contacted the manufacturer who confirmed there isn't a set 'tolerance level' you've been referring to and it's different for different models and depends on the model and the way the product is used. Once again, it's a matter of opinion and it's down to you to prove there isn't any faults with the item.

I note you've failed to address the warranty question.

Please also provide the list of independent inspectors you and the manufacturer are willing to accept should I decide to book the inspection directly with them.

You've misunderstood this point, Its up to the shop to prove the fault wasn't there when it was sold, that is correct, However its not faulty (as far as they are concerned) so they cant prove a fault that doesn't exists didn't exist when it was sold, if it doesn't exist now it didn't exist then


Its up to you to prove the fault and only then do the shop have to prove it wasn't faulty when sold

8elarus

You do realise that you are addressing the forum as if they are the retailer in the latter half of your post?

I just copied and pasted my email to the retailer,sorry if this isn't very clear.

What you appear to be asking is for a guaranteed outcome in your favour.

I want to make sure the inspection is going to be as 'independent' as they claim it is. I couldn't find any official body that would carry out the inspection a consumer could trust, e.g. a gas meter accuracy test is carried out by an independent meter examiner appointed by the National Measurement and Regulation Office and the tolerance levels are very clear (+/- 2%). All I'm trying to establish is whether this 'inspection' is going to be legit or I'm going to pay £40 for somebody who- for all I know can be the store manager's best mate- to come over and take a nap on the mattress.

Anyway, this is now with a consumer ombudsman. I did make it clear I'd be happy to arrange for an inspection but want the store/manufacturers answer a number of questions about the inspection first. I just think it's quite funny the store ignored the questions in my last email and I haven't heard anything from them for 2 weeks, then I receive a confirmation email from the consumer ombudsman and the store gets in touch that same day.

hollydays

If you are talking about resolver or the retail ombudsman, do you realise they are just commercial companies?

Pinkypants

Have you turned this mattress at all? Over if a double sided mattress or around in the case of a single sided mattress.

What type of base is it on?
Bed frame with slats?
If so how far apart?
If a Divan solid top or sprung?

Lots of factors involved with mattresses. Do you have over head lockers at all?

Mattresses will show signs of use quite quickly at times, just like shoes need breaking in as they crease when you walk.

Compare a mattress to carpet, carpet flattens over time and everyone seems to accept that, mattresses will do the same. So faster then others.

1.5 inches does seem a lot though.

Can I ask how much you paid for the mattress and what size it is?

Also, sorry personal question, what weight are you (won't be offend if you don't answer this question)

I am trying to help out here and have a guide at work to settlement of fillings.