Disintegrating foam

Cheechee

Hi,

In June 2020 bought a double foam bed wedge that cost £107.

It's been on my bed with its own cover on which also has another sheet over the top.

The cover is tight which has resulted in the seams coming apart (easy to sow up)

However, I've now noticed that the foam is disintegrating.

I contacted the company and they asked for photos which I sent.

Now they have replied saying it looks like the foam has been caught on something and to send different pictures.

I've tried taking different pictures but it is quite hard to see, I sent them the best photo I could.  There is nothing that the foam could have caught on for 2 reasons

1 it is covered by 2 layers of material

2 it is on my bed and just slept on

Can anyone please tell me my rights in this situation?

I don't feel that it has been good quality but I'm guessing I may have to just chuck it away!

Thanks

the_lunatic_is_in_my_head

The issue is that after 6 months the retailer can if they wish request you demonstrate the goods do not conform to the contract.


You'd be arguing they didn't conform as they were not durable enough to last an appropriate time, typically it's suggested to get an independent report, the cost of which the retailer should cover if found in your favour, whether that's feasible in this situation I'm unsure. 

JJ_Egan

£107  it wont be much  quality and may be worth not paying £75 quid for an independent report .

Report found in your favour retailer has right to choose  Replace Repair or pro rata Refund ( less 2 years usage )

Cheechee

Thanks for your reply.

I'm thinking I'll put it down to a bad batch of foam and re order something else from somewhere else.

Companies like Lakeland are amazing with their 3 year no quibble returns policy which makes buyers buy with confidence and come back again and again.

Shame I didn't buy from Lakeland in the first place.

David713

Cheechee said:

Thanks for your reply.

I'm thinking I'll put it down to a bad batch of foam and re order something else from somewhere else.

Take a few more photographs and send them along with an explanation that as the foam was well covered by 2 layers of fabric, it couldn't possibly have been damaged by catching on anything.
State that you are more than willing to obtain an independent report and if that report shows a manufacturing defect then you are assuming that they will cover the cost of that report as the law requires them to do or if they want, you can cut off a bit of the foam for them to examine.

At worst, they will ignore your letter/email or possibly tell you to go ahead and get the report done but it's possible that they will decide to make you an offer if they think you are not  going to simply go away and forget about it.
For the sake of one more letter or e-mail, it's worth trying.

Cheechee

Hi,

I've sent the company 2 more emails just asking how they would like to proceed but have had no reply.  I know I need to give them time to respond but have a feeling they are ignoring me.

Is there anything I can do?

JJ_Egan

Yes commission and pay for your own report .

Bear in mind refund pro rata  £40- £50 .

David713

JJ_Egan said:

Yes commission and pay for your own report .

Bear in mind refund pro rata  £40- £50 .

For something that is well under a year old, I would want more of a refund than 35% to 45% of the price paid especially as £120 looks to be at the very top end of prices for these items so I would expect it to last a reasonable time.

Cheechee

So I rang them and after a lengthy discussion they decided to refund half the cost plus half the delivery charge.

A full refund would obviously have been better but the matter is closed now and I'm pleased I don't have to get an independent report.

Thanks for all advice