Bensons for Beds wrong mattress delivered, years passed, what are my rights?

porkisnotmeat

joannaphillips said:

Thrugelmir said:

Rather convenient to ask now after 5 years use of the mattress........... 

Ok bud, thanks for your opinion, but everything I’ve stated is fact.
It’s not ‘convenient’, you try living with chemo fog and the impact cancer has on your brain.
Cheers

As others have stated, your husband didn't have chemo fog, so there's really no excuse for him not spotting the label stating it was firm rather than medium.

Anyway, you have absolutely no chance of anything approaching the outcome you want.  You could ask them for some GOGW credit towards a new mattress, but they're not replacing  a 5 year old mattress with a brand new one.

Bud.

400ixl

Sorry to hear what you have gone through.

Do you know what warranty the mattress you purchased has? The Bensons site seems to suggest 5 years for theirs unless the manufacturer gives more.

If it is 5 years and you have had it that long then at best you may get an apology and a good will gesture, but even that is probably unlikely.

Is the apology worth going through more stress to achieve for you? If so, maybe email the CEO with what has happened and what redress you would like.

https://!!!!!!/s.php?id=ceo-80534&c=Bensons for Beds-CEO

JadedAngel88

joannaphillips said:

I’m just going to say one last thing here.
Nope, my husband didn’t have chemo fog.
He had a wife that was newly diagnosed with stage 4 cancer and was waiting for her to die, going to specialised counselling and trying desperately to get through each day. Beds weren’t on his agenda, and I didn’t push it with him because we both had more than enough on our plate.
Bud.🙄

I totally understand, my daughter was diagnosed with cancer and, to be honest, I didn't think straight at all from the few months before diagnosis till about 3-4 months after her 5 year post chemo anniversary. 

I can't offer any advice about getting the mattress swapped but I have been having troubles with my mattress, extremely uncomfortable and not in a position to replace it.

So I did a bit of googling and it was suggested to try a mattress topper. A thick type of topper, mine has pockets of fluff so it's quite bouncy and soft. To be honest, I didn't think it would work but it has given life to my mattress, it is like sleeping on a cloud. 

The actual suggestion is a thick mattress topper, not the memory foam ones and a mattress protector over the top. It has made a big difference and just something that is not as expensive as buying a new mattress. 

deannagone

You could try buying a pillow top cover for the mattress or putting one or two 13 tog duvets on top.  I have rh arthritis so can be uncomfortable at night, have a firm mattress but rather than replacing it when my needs changed, I put a thick £15 duvet on top of it.

More hygienic anyway, I can just put the duvet in the wash, prevents lots of nasties next to my skin lol.

the_lunatic_is_in_my_head

OP if you are still reading, when the goods do not conform to the contract the consumer has the right to a repair or replacement. A repair means making the goods conform.

The consumer can not insist upon these options if they are impossible or disproportionately expensive. So we can rule out the repair option meaning they should replace. 

The issue is where the trader doesn't replace within a reasonable time or without significant inconvenience, which could include simply refusing to do so, you either have the right to a price reduction or the final right to reject for a refund. 

Guidance suggests a price reduction should cover what you actually got vs what you paid but as there is unlikely to be a noticeable price difference between two of the same mattress with a different firmness this doesn't really help you. 

This leaves you with the final right to reject where, after 6 months the refund may be reduced to account for ownership and you may have to show the goods do not confirm if the retailer requests such.

Presumably you can easily show the mattress you have doesn't match the receipt for what you purchased. Whether you would have to show the mattress you have is the one they supplied I don't know but really 7 months or 5 years that same argument could be placed and it seems a disproportionate burden to place on the consumer. 

The mattress has a 10 year guarantee and the sleep council recommend replacing a mattress after 8 years (not sure how much influence the mattress industry had on that figure) so you would be looking at claiming back either half the cost or three eighths in exchange for giving back the mattress. 

Bensons are likely to resist leaving you to complain higher up the chain. If they still resist then you have to look at a letter before action and if that also fails finally small claims. 

I don't think the price was mentioned so if the mattress cost £200 then the "reward" isn't going to be worth too much effort, if it cost £2000 then it may well be, this is the most important factor as to how much effort you wish to go to. 

sheramber

The OP hasn't once said she found the mattress uncomfortable or unsuitable, only that it has a different rating to what she bought. and she found her mother's medium bed more comfortable than her own.