Bensons for Beds faulty mattress

detectorman

About a week after receiving a bed from Bensons for beds, there was noticeable sagging of the mattress. I took photos and went into store 17 days after delivery. The manager agreed there was a fault but was unable to rectify as their policy was to go through customer services. This wasn’t as easy as it sounds; communicating with them is almost impossible! So, I went back to store after another week and asked for a refund. After getting nowhere pursuing the claim through Bensons, I decided to claim through section 75. They managed to get a response from Bensons who offered us a replacement or a credit towards another mattress; no choice of a refund. Am I right in saying, under the consumer rights act 2015 I am entitled to a refund for the mattress as it was reported faulty within 30 days? My bank are saying I should have notified the store within 14 days and closed the case, suggesting taking my case to the furniture ombudsman. Can anybody clarify the 30 days ruling and do you think it’s worthwhile pursuing it through the ombudsman?

the_lunatic_is_in_my_head

Hello OP, you are correct that if you report the fault/issue within 30 days that you have the right to a full refund via the method paid, it's called the short term right to reject and is detailed here (among other remedies):

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

Worth reminding the card provider of this.

Only caveat is that it is not taken the goods do not conform (i.e have an issue) however in this instance the retailer has agree the fault exists. 

detectorman

Hi there
Many thanks for the useful info. I hadn’t heard of the ‘short term right to reject’,
but can’t believe the credit card provider hasn’t (well, it was never mentioned.) I will have ammunition to pursue this through the ombudsman now. Don’t know why the credit card provider insists 14 days is the time limit required to claim a refund. Thanks once again. 

sheramber

Whoever you spoke to may have thought it was a change of mind return.

detectorman

No,l provided the store with photos and he agreed with me there was a fault! 

powerful_Rogue

detectorman said:

No,l provided the store with photos and he agreed with me there was a fault! 

Could turn into a he said/she said.