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Mattress exchange/refund rights
in Consumer rights
59 replies 1.8K views
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I've just read something that says the retailer has 45 days to dispute a reversed transaction, is this correct? I assume in my case a dispute would centre around them already offering the required replacement (and going above and beyond by offering a credit against a different item).
I realise they're offer is generous but need to have considered all the options as now is not a good time for us to be spending this amount of money and there are suitable options out there that cost less, just not with this retailer.
For a S75 its between you and your creditor and it comes from your banks pocket not the merchant. Typically the merchant isnt involved in the process
1)If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.
(2)The conditions in subsection (1) are—
(a)that the supplier cannot be traced,
(b)that the debtor has contacted the supplier but the supplier has not responded,
(c)that the supplier is insolvent, or
(d)that the debtor has taken reasonable steps to pursue his claim against the supplier but has not obtained satisfaction for his claim.
under further previsions rather than in the Act.
It does also say
For the purposes of subsection (2)(d) a debtor is to be deemed to have obtained satisfaction where he has accepted a replacement product or service or other compensation from the supplier in settlement of his claim.but I guess if you didn't accept a remedy that is in accordance with consumer rights you wouldn't be acting reasonably nor mitigating your losses.
So it seems OP doesn't have recourse with the credit provider.
Personally I'd take the replacement, if it fails again then there would be the final right to reject for a refund (reduced to account for usage if the store wishes to).
We decided to upgrade to a more expensive mattress. Paid the difference and received the replacement which was faulty on delivery. Contacted the store as soon as we saw the fault and a replacement was arranged, along with a free gift for the inconvenience). When the 3rd mattress arrived, it was clear before it was even unpacked that it had the same issue as the 2nd one, the delivery drivers agreed and took it away, unopened.
We have requested a refund of both amounts paid, but now the store want to send a 3rd party company out to inspect the one we have (which should by rights have been taken away yesterday for disposal) before they'll discuss a refund, saying "it's their right" to do this but surely they have acknowledged the fault by agreeing to replace it in the first place?
We're happy to have it inspected, it's clearly faulty but between us both we've already taken 2 additional days off work as they don't give a timeslot until the day before and this will mean a 3rd day for the inspector and a 4th for collection. It will also leave us without a mattress until we source another one and have it delivered.
Can anyone advise if they do indeed have the right to inspect a mattress that they have already agreed to replace and what position we're in regarding our right for a refund?
Am I also right in thinking that if we went S75 route, they'd (quite reasonable) request a 3rd party report?
And I guess maybe they are exercising their right to check the first mattress, now that you have found faults with two further mattresses. How significant were these faults?
They should also be durable but obviously a £100 mattress wouldn’t be expected to last as long as a £1000 mattress, and perhaps over time the reduced value of the £100 mattress wouldn’t be worth the effort to chase.