Manufacturers guarantee

I bought a king size Tempur form mattress from dreams September 2020, I called them 4 weeks ago to complain the mattress is faulty. I had purposely bought this type of mattress as I have a degenerated disc in my lumbar vertebrae. The firmness of the mattress has failed to a level I sink into the mattress so much I wake constantly with sore shoulder joints, muscular pain and lower back. When I attended dreams to find a mattress I was taken by staff to a computerised bed valued around £25,000 where you enter your age, height, weight and any back conditions etc. The bed moulded to your body whilst lying on each side and your back and provides information to say which type of mattress is suitable for your needs. 

I reported the fault with my mattress which is under 1 year old, the sent out a technician who placed a piece of wool across the width of the mattress with a beanbag attached to both end and a plastic measure guide in the middle of the mattress. He said the mattress has not dipped under the level that would suggest a manufacturer fault so for that reason he was going to pass the mattress. 
I disagreed as I’m 100% that the mattress is faulty as I cannot sleep in it anymore and I’m now looking for an emergency replacement with an Emma mattress. 

I feel severely let down and nearly £2000 out of pocket after only 10 months of ownership of the mattress. 

Dreams use a computerised bed to sell you a mattress but if you claim a fault within the year they arrive with wool and beanbags to prove you wrong?

Do I have rights?

Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,406 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jjack2477 said:
    I bought a king size Tempur form mattress from dreams September 2020, I called them 4 weeks ago to complain the mattress is faulty. I had purposely bought this type of mattress as I have a degenerated disc in my lumbar vertebrae. The firmness of the mattress has failed to a level I sink into the mattress so much I wake constantly with sore shoulder joints, muscular pain and lower back. When I attended dreams to find a mattress I was taken by staff to a computerised bed valued around £25,000 where you enter your age, height, weight and any back conditions etc. The bed moulded to your body whilst lying on each side and your back and provides information to say which type of mattress is suitable for your needs. 

    I reported the fault with my mattress which is under 1 year old, the sent out a technician who placed a piece of wool across the width of the mattress with a beanbag attached to both end and a plastic measure guide in the middle of the mattress. He said the mattress has not dipped under the level that would suggest a manufacturer fault so for that reason he was going to pass the mattress. 
    I disagreed as I’m 100% that the mattress is faulty as I cannot sleep in it anymore and I’m now looking for an emergency replacement with an Emma mattress. 

    I feel severely let down and nearly £2000 out of pocket after only 10 months of ownership of the mattress. 

    Dreams use a computerised bed to sell you a mattress but if you claim a fault within the year they arrive with wool and beanbags to prove you wrong?

    Do I have rights?
    You do have rights, but you need to prove a manufacturing fault, and on Dreams' own test, it's not faulty.

    Nothing wrong with wool and beanbags as a tool to measure deflection.  In fact, I can't think of a better way of doing it.  It's practical, mechanical and visual and indisputable as far as measuring a "dent" is concerned.

    To exercise your rights, you will need to get your own inspection done, the report of which needs to confirm there is a fault.  Then go back to Dreams.  They will probably dispute it (quite reasonably, as they have their own report) so it may end up in small claims court, where the court will decide, on balance, whose report is the best judge.  
  • I have a bad back (some degenerative changes) and a bad neck, and personally I wouldn't buy either a Tempur mattress or an Emma mattress - I don't see how either could give appropriate support.  Just go for a traditional sprung mattress.

    But as you've already bought one, follow the advice given by Aylesbury_Duck above.

    (Maybe I'm just prejudiced against "memory" type mattresses.  Every time I see an advert for one I'm reminded of that creepy bit in Psycho where Norman Bates moves his mum's corpse out of the bed and the imprint of her body is left in the mattress... )
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 July 2021 at 12:21PM
    (
    (Maybe I'm just prejudiced against "memory" type mattresses)
     
    having tried three such i agree and more or less the same problems as yourself .


    But OP states manufacturers guarantee but appears to be claiming against not the manufacturer .
  • MattMattMattUK
    MattMattMattUK Posts: 10,650 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    I have a bad back (some degenerative changes) and a bad neck, and personally I wouldn't buy either a Tempur mattress or an Emma mattress - I don't see how either could give appropriate support.  Just go for a traditional sprung mattress.

    But as you've already bought one, follow the advice given by Aylesbury_Duck above.

    (Maybe I'm just prejudiced against "memory" type mattresses.  Every time I see an advert for one I'm reminded of that creepy bit in Psycho where Norman Bates moves his mum's corpse out of the bed and the imprint of her body is left in the mattress... )
    The way I have seen memory foam reviewed from a technical point of view, is that in short bursts it tends to feel more comfortable, so for example where you lay on the bed in the store for 5-10 minutes, but over long periods it is far less comfortable. There is somewhat of a placebo effect in play as well, people thing having spend two grand or more on a "high tech" memory foam mattress that it will be better for them, but a good quality pocket sprung mattress offers much better support, has a longer life and has far better thermal and breathability characteristics. 
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Looking on their blurb Dreams doesnt mention anything about being able to consider medical conditions as part of their recommendation process. I'm a little surprised that they dont go a step further and explicitly say they cannot recommend for those with medical conditions.

    Sounds like you are dealing with the retailer rather than the manufacturer in which case they will believe that they've gone beyond their legal requirements by paying for the first engineers report and so its now down to you to procure another report and prove why yours is more valid than theirs.
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