Faulty Goods

harbi

I hope someone can help me with a problem I am having.
I bought a bed on the 14th for December last year so that my dad could come and stay with me. He had recently received treatment for a metastatic melanoma in his brain and need to stay with me while his house was adapted following his illness. I bought a bed from a local store and during the past nine months it has repeatedly collapsed - the side of the bed has come away from the head board and the structs across the middle fall out, causing the whole bed to collapse usually while my poor dad was in it. I keep fixing it and it keeps breaking!


I still have my receipt and went to see them this morning. They have offered to come and fix the bed, but I am not sure I have any confidence in them or it anymore.

I asked them if I could get a refund, and they told me that after nine months I wasn't eligible. I said that under the sale of goods act, that goods had to be of satisfactory quality, fit for purpose and last a reasonable length of time and I did not consider that the bed met any of these criteria.

They are adamant that I do not have any rights in this regard. Do they have the right to insist that they can try and fix the bed or can I insist on a refund?

Any insights or advice that anyone could provide on what to do next would be very much appreciated, the bed wasn't cheap!

Thank you

JJ_Egan

They have the right to ask for an independent report to backup your claim .( I said that under the sale of goods act, that goods had to be of satisfactory quality, fit for purpose and last a reasonable length of time and I did not consider that the bed met any of these criteria. )

You are not able to insist on a refund 9 months down the line .

shaun_from_Africa

harbi wrote: »

and during the past nine months it has repeatedly collapsed - the side of the bed has come away from the head board and the structs across the middle fall out, causing the whole bed to collapse usually while my poor dad was in it. I keep fixing it and it keeps breaking!

Has the retailer made any previous attempt at repairing the bed?
If so then under the Consumer rights act (The Sale of goods act no longer applies to consumer sales) you do have the legal right to reject it.
However, any refund offered doesn't have to be the full price as they can make a deduction to cover the 9 months you have had use of the bed.

If no previous repair has been carried out, you must allow the retailer a chance to fix the bed. Only if that repair fails or another fault appears then you can reject it.

macman

It should have a 12m manufacturer's warranty also if the retailer is being difficult?

harbi

Thank you, that's helpful.
I will let them have a go at fixing it.

harbi

Yes, thats a good idea, I'll check that too.
Thank you

harbi

OK, but the bed isn't fit for purpose, as far as I'm concerned.
Thank you