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Do I have a case to claim against Bensons for Beds
angel549
Posts: 60 Forumite
Hi all,
Hoping to get some advice. I've read up on the MSE site about my rights, but still unsure whether I have a claim or not as it's a bit 'on the fence'-ish. Would appreciate any advice and apologies for the very long story, but wanted to give a full picture:
So, I've had apalling service from Bensons for Beds. It started off with an issue on their website which showed one price on the product page, but a higher price in the basket. I used live chat to ask about it, and was fobbed off, just being told it was the delivery charge being added. Which it wasn't, as the delivery charge was being added seperately, and the price difference did not equal the delivery charge. I said this and was ignored on the Live Chat for 2 hours, until I said I had sent a complaint. Luckily during this time I had also taken screen shots of the web pages. Upon saying I'd complained, the live chat girl responded saying it was my fault and I had been looking at the wrong size price. I had taken screen shots to prove that the king size said £89.99, not £119.99! Funnily enough, when i checked again, the price i had changed. I questioned it, the live chat girl was rude, before ending the conversation with a very sarcastic "it was an absolute pleasure speaking to you".
I wrote a follow up complaint and also sent this to the Head of Customer Services. No response. Three weeks later, I got an email, simply asking me for the screen shots. I sent them, then heard nothing more.
In the meantime, we really needed a bed and had our heart set on one from bensons which we could afford. We went to the store to check the mattress. When the sales guy approached, I told him i already had a price to buy online. He said he'd try and beat it - great! However, we decided to changre our choice from medium to firm. I got confused with the signage and believed that the mattress was £100 more. When I said this to him ("oh, we think we want this one, it's £100 more expensive but think it will be worth it"), he did not correct me. When he asked me the price to beat, I said i would be fair and work the discount out based on the fact that the mattress was £100 more expensive. Again, he did not correct me. He met the new price. Once we got home, we realised the mattress was the same price for medium or firm. So feel very cheated out of the £80 that we could have saved getting it online!
Delivery day came, my slot was 12-6pm. I called at 11am asking for a more specific time. They said they couldnt give me one, fair enough, but that i was third on the list so would be earlier rather than later.... Finally, our bed turned up at 8pm. I missed my sisters 40th birthday meal because of it, and took a whole day off work for nothing.
We then also realised that the headboard was faulty. I wrote another complaint email. Two weeks later, I followed this up mentioning the Furniture Ombudsman, and suddenly i get an immediate response!! I was offered a £20 Bensons for Beds voucher as compensation, and a replacement headboard which would require me to book another day off work for delivery. We spent £1,000, and never want to deal with them again. What would i do with a £20 bed voucher?!
I asked if they would just be willing to refund the headboard and we'd leave it at that for fair compensation and i can go and buy a new headboard elsewhere. I was told they will only do this if they collect the old one. I dont trust them to actually refund it, and cant take more time off work.
I'm now wondering if I have a case with the furniture ombudsman or S75 act to try and get more compensation than what their offering (which would be worthless to me)?
Hoping to get some advice. I've read up on the MSE site about my rights, but still unsure whether I have a claim or not as it's a bit 'on the fence'-ish. Would appreciate any advice and apologies for the very long story, but wanted to give a full picture:
So, I've had apalling service from Bensons for Beds. It started off with an issue on their website which showed one price on the product page, but a higher price in the basket. I used live chat to ask about it, and was fobbed off, just being told it was the delivery charge being added. Which it wasn't, as the delivery charge was being added seperately, and the price difference did not equal the delivery charge. I said this and was ignored on the Live Chat for 2 hours, until I said I had sent a complaint. Luckily during this time I had also taken screen shots of the web pages. Upon saying I'd complained, the live chat girl responded saying it was my fault and I had been looking at the wrong size price. I had taken screen shots to prove that the king size said £89.99, not £119.99! Funnily enough, when i checked again, the price i had changed. I questioned it, the live chat girl was rude, before ending the conversation with a very sarcastic "it was an absolute pleasure speaking to you".
I wrote a follow up complaint and also sent this to the Head of Customer Services. No response. Three weeks later, I got an email, simply asking me for the screen shots. I sent them, then heard nothing more.
In the meantime, we really needed a bed and had our heart set on one from bensons which we could afford. We went to the store to check the mattress. When the sales guy approached, I told him i already had a price to buy online. He said he'd try and beat it - great! However, we decided to changre our choice from medium to firm. I got confused with the signage and believed that the mattress was £100 more. When I said this to him ("oh, we think we want this one, it's £100 more expensive but think it will be worth it"), he did not correct me. When he asked me the price to beat, I said i would be fair and work the discount out based on the fact that the mattress was £100 more expensive. Again, he did not correct me. He met the new price. Once we got home, we realised the mattress was the same price for medium or firm. So feel very cheated out of the £80 that we could have saved getting it online!
Delivery day came, my slot was 12-6pm. I called at 11am asking for a more specific time. They said they couldnt give me one, fair enough, but that i was third on the list so would be earlier rather than later.... Finally, our bed turned up at 8pm. I missed my sisters 40th birthday meal because of it, and took a whole day off work for nothing.
We then also realised that the headboard was faulty. I wrote another complaint email. Two weeks later, I followed this up mentioning the Furniture Ombudsman, and suddenly i get an immediate response!! I was offered a £20 Bensons for Beds voucher as compensation, and a replacement headboard which would require me to book another day off work for delivery. We spent £1,000, and never want to deal with them again. What would i do with a £20 bed voucher?!
I asked if they would just be willing to refund the headboard and we'd leave it at that for fair compensation and i can go and buy a new headboard elsewhere. I was told they will only do this if they collect the old one. I dont trust them to actually refund it, and cant take more time off work.
I'm now wondering if I have a case with the furniture ombudsman or S75 act to try and get more compensation than what their offering (which would be worthless to me)?
0
Comments
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You have a bed which you negotiated a price on, which you were happy with when you purchased.
The headboard is faulty and they will refund you after collecting it.
What was the compensation for?0 -
I feel I am owed compensation because:
- i took a full day off work to be home for my 12-6pm delivery slot, and then they did not deliver until 8pm, so i did not need to take a days holiday
- I will have to take another days holiday to wait for the delivery of the replacement headboard if I accept that offer
My hope is that this would count as consequential losses?0 -
Read MSE's Failed Delivery article.I feel I am owed compensation because:
- i took a full day off work to be home for my 12-6pm delivery slot, and then they did not deliver until 8pm, so i did not need to take a days holiday
- I will have to take another days holiday to wait for the delivery of the replacement headboard if I accept that offer
My hope is that this would count as consequential losses?
In there you will see that you planned to take a whole day off for the first delivery, so you have suffered no loss there. If they had required you take another day off just to complete the first delivery then you would be entitled to compensation for that.
When fixing your current headboard issue, Section 23 of The Consumer Rights Act states that:
In other words, you tell them when it is convenient for the headboard to be collected.the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).0 -
If the store that you visited isn't too far away from you, have you asked if it would be possible to return the faulty headboard back there (and maybe ask for something to cover your costs) and collect the replacement (if you decide that's what you want) at the same time?0
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shaun_from_Africa wrote: »If the store that you visited isn't too far away from you, have you asked if it would be possible to return the faulty headboard back there (and maybe ask for something to cover your costs) and collect the replacement (if you decide that's what you want) at the same time?
Yes, that's what I've suggested to them. But again, if I do that, i need to take the time pulling the bed out, removing the headboard, taking it back, then fitting the new headboard. Im a single woman living on a high floor in a block of flats, so even that I feel deserves a little compensation.
Even if they'd just said they'd refund the £40 delivery, i probably wouldve just left it at that. But i think the whole being ignored thing is what has made me so angry and determined to push it further0 -
i need to take the time pulling the bed out, removing the headboard, taking it back, then fitting the new headboard.
You do seem intent on making it sound much more difficult than it actually is.
As has been said, either tell them when you want it collected or take it back and ask for costs. Costs. Not compensation.0 -
Im a single woman living on a high floor in a block of flats, so even that I feel deserves a little compensation.
And yet you reference "we" twelve times in your original post.
A lot of people feel they deserve compensation for every little upset, such is our culture of entitlement. You don't know the reason the delivery was delayed, you can't assume the woman on the live chat was being sarcastic, the guy in the shop probably wasn't trying to diddle you out of money, the website pricing was probably an error, etc.,0 -
And yet you reference "we" twelve times in your original post.
A lot of people feel they deserve compensation for every little upset, such is our culture of entitlement. You don't know the reason the delivery was delayed, you can't assume the woman on the live chat was being sarcastic, the guy in the shop probably wasn't trying to diddle you out of money, the website pricing was probably an error, etc.,
This single lady certainly had a boyfriend in August
https://forums.moneysavingexpert.com/discussion/comment/71200070#Comment_71200070
and a partner in February.
https://forums.moneysavingexpert.com/discussion/5600320
Perhaps he could do the headboard removal which seems to take so much time.0
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