Faulty Mattress - Burden of Proof

Pebbles2008

I bought a Mattress from NCF Living in May 2018. Pretty soon after I bought it a ridge of springs appeared in the middle and it sank either side. It is extremely uncomfortable and is causing us pain and sleepless nights. A mattress is not a short term purchase and obviously the design of this one is not fit for purpose over an acceptable period of time so I do have rights as a Consumer. Unfortunately due to serious issues with the New Build we rent that resulted in our being moved out, I didn't get around to reporting it to the company until it was 4 months out of Warranty. CAB advise that I have 6 years in which to claim a refund or replacement regardless of the warrantee period but that the burden of proof is on me. NCF are point blank refusing a refund or to send anyone out to test the mattress and photographs aren't going to show the problem. A qualified person needs to test it but where can I find such a person? Has anyone else been in this position and were you able to find a company who do this kind of test? Is it worth paying the fee? On the advice of CAB I have also asked the company repeatedly for information on an Alternative Dispute Resolution Service that we can use to resolve the issue without going to Court. They are not forthcoming with that information so I wondered if I am able to approach an ADR Company directly to begin the process? If I can who would I contact?


Although Consumer Rights are meant to protect us, it seems awfully complicated applying them which I think companies exploit in the hope that customers will give up. I feel so angry about it as we live on a very tight budget and cannot afford to replace a mattress every 12 months.
Any advice gratefully received.

powerful_Rogue

1) Check out https://www.fira.co.uk/ for independant testing. You would need to pay for the test, but can claim this back if it's confirmed the item has an inherent fault.

2) Companies do not have to have an ADR

3) If the item does have an inherent fault, they could issue a partial refund to take into account the use you have had of the item.

4) We have some of the best consumer rights in the world.

JJ_Egan

Warranty is not your Consumer Rights .
Indeed after 6 months the burden of proof is upon you .
The 6 years is the cut off date for you to take legal action, its not a right to anything else.


Basic problem is you contacted them after the 6 months where the burdon of prove shifts to you .





A very quick google

https://www.google.com/search?client=firefox-b-d&q=independant+furniture+assesor+