Benson's For Beds warranty admission of failure next steps

Phase66

Hi Forumites,
Our B4B bed has been giving us chronic hip, back and neck pain for nearly a year. 8 months ago we put in a complaint under the 10 year warranty. The bed is 3-4 years old but has spent 18 months of that in storage.

Responses from Bensons were extremely slow, taking nearly 3 months in one case. I provided photos and other details as requested on email as requested by them. On the phone they say the whole process must happen on email as I'm providing photos and this made sense from a record keeping perspective too.

When an email came through after the 7th month of comms with the same content as the very first message, asking for the same photos: firstly, I responded with the requested details given they were in the message thread and I didn't want to be accountable for any delay and then I found details for the furniture and home improvement ombudspeople (fhio) and created a complaint. I provided the timeline of events, the associated photos and my osteopathy treatment records. I also calculated the value of the mattress out of the original purchase, having bought the base as a set based upon the website current listed value of the base by itself, and put this value and the cost of my osteopathy treatments as the claimed amount. 

After a few days I got an email saying they would investigate and approach the retailer for comment. That was 4 weeks ago. In the meantime, Benson's have admitted fault stating "We have identified a manufacturing fault with your mattress and can offer you a reselection".

I received an email update from fhio a few days ago saying they had received a response from the retailer with no further details. 

Obviously, I don't want another item from a company that strings someone along for 8 months when they say they're in agony. What can I do now to ensure a refund of the claimed amount please? I don't care about any more than the value of buying a new mattress as my wife and I really are in a lot of pain, sleeping individually in the spare room, on our faulty mattress upturned (which it very much wasn't designed for and comes with similar pains) or anywhere except our bed. Any guidance you give could be saving us from future physical problems not to mention the marital situation and we'd be eternally grateful!

Many thanks

Rich 

Aylesbury_Duck

Phase66 said:

Hi Forumites,
Our B4B bed has been giving us chronic hip, back and neck pain for nearly a year. 8 months ago we put in a complaint under the 10 year warranty. The bed is 3-4 years old but has spent 18 months of that in storage.

Responses from Bensons were extremely slow, taking nearly 3 months in one case. I provided photos and other details as requested on email as requested by them. On the phone they say the whole process must happen on email as I'm providing photos and this made sense from a record keeping perspective too.

When an email came through after the 7th month of comms with the same content as the very first message, asking for the same photos: firstly, I responded with the requested details given they were in the message thread and I didn't want to be accountable for any delay and then I found details for the furniture and home improvement ombudspeople (fhio) and created a complaint. I provided the timeline of events, the associated photos and my osteopathy treatment records. I also calculated the value of the mattress out of the original purchase, having bought the base as a set based upon the website current listed value of the base by itself, and put this value and the cost of my osteopathy treatments as the claimed amount. 

After a few days I got an email saying they would investigate and approach the retailer for comment. That was 4 weeks ago. In the meantime, Benson's have admitted fault stating "We have identified a manufacturing fault with your mattress and can offer you a reselection".

I received an email update from fhio a few days ago saying they had received a response from the retailer with no further details. 

Obviously, I don't want another item from a company that strings someone along for 8 months when they say they're in agony. What can I do now to ensure a refund of the claimed amount please? I don't care about any more than the value of buying a new mattress as my wife and I really are in a lot of pain, sleeping individually in the spare room, on our faulty mattress upturned (which it very much wasn't designed for and comes with similar pains) or anywhere except our bed. Any guidance you give could be saving us from future physical problems not to mention the marital situation and we'd be eternally grateful!

Many thanks

Rich 

You can't.  Although the retailer has acknowledged a fault (which is good news), after such a long time it is up to the retailer which remedy they offer, whether a repair, a replacement or a refund.  If they were to offer a refund, they'd be entitled to reduce the value for the use to date.  I'd snap their hands off for a replacement of your choice.  

ss2020jd

Hi it sounds like you have been through an awful ordeal. At least they have finally admitted fault. 

Do you have legal cover on your home insurance? They could advise and help ensure you get the refund. Otherwise, depending how you paid, your credit card company may be an option. I’m not sure what the amount is but there is always the small claims court as well.  

ss2020jd

Aylesbury_Duck said:

Phase66 said:

Hi Forumites,
Our B4B bed has been giving us chronic hip, back and neck pain for nearly a year. 8 months ago we put in a complaint under the 10 year warranty. The bed is 3-4 years old but has spent 18 months of that in storage.

Responses from Bensons were extremely slow, taking nearly 3 months in one case. I provided photos and other details as requested on email as requested by them. On the phone they say the whole process must happen on email as I'm providing photos and this made sense from a record keeping perspective too.

When an email came through after the 7th month of comms with the same content as the very first message, asking for the same photos: firstly, I responded with the requested details given they were in the message thread and I didn't want to be accountable for any delay and then I found details for the furniture and home improvement ombudspeople (fhio) and created a complaint. I provided the timeline of events, the associated photos and my osteopathy treatment records. I also calculated the value of the mattress out of the original purchase, having bought the base as a set based upon the website current listed value of the base by itself, and put this value and the cost of my osteopathy treatments as the claimed amount. 

After a few days I got an email saying they would investigate and approach the retailer for comment. That was 4 weeks ago. In the meantime, Benson's have admitted fault stating "We have identified a manufacturing fault with your mattress and can offer you a reselection".

I received an email update from fhio a few days ago saying they had received a response from the retailer with no further details. 

Obviously, I don't want another item from a company that strings someone along for 8 months when they say they're in agony. What can I do now to ensure a refund of the claimed amount please? I don't care about any more than the value of buying a new mattress as my wife and I really are in a lot of pain, sleeping individually in the spare room, on our faulty mattress upturned (which it very much wasn't designed for and comes with similar pains) or anywhere except our bed. Any guidance you give could be saving us from future physical problems not to mention the marital situation and we'd be eternally grateful!

Many thanks

Rich 

You can't.  Although the retailer has acknowledged a fault (which is good news), after such a long time it is up to the retailer which remedy they offer, whether a repair, a replacement or a refund.  If they were to offer a refund, they'd be entitled to reduce the value for the use to date.  I'd snap their hands off for a replacement of your choice.  

Ah, yes. I missed the bit about being in storage etc. I think it’s up to six years for faulty goods in the small claims court. 

the_lunatic_is_in_my_head

Aylesbury_Duck said:

Phase66 said:

You can't.  Although the retailer has acknowledged a fault (which is good news), after such a long time it is up to the retailer which remedy they offer, whether a repair, a replacement or a refund.  If they were to offer a refund, they'd be entitled to reduce the value for the use to date.  I'd snap their hands off for a replacement of your choice.  

I don't see the OP has mentioned that they've actually been offered a replacement?

The thing with them being able to chose is that if they want to provide a repair/replacement they have to do so within a reasonable time and I don't think many would feel 8 months is reasonable.

OP I would send them the below.

Dear Bensons

As you have confirmed that the goods do not conform to the contract due to a manufacturing fault which you have identified and as you have failed to provide a remedy within a reasonable time as per your obligations under the Consumer Rights Act 2015 I am writing to notify you that I am exercising the final to reject the goods for a refund.

I request that a refund is processed within 14 days of the date of this email, should that not occur I shall issue a letter before action and then commence small claims proceedings without any further communication. 

The mattress is available for your collection, please advise of the date you wish to collect, should this not occur within 28 days the mattress will be sold for a fair market value and any funds received, minus the costs of selling, shall be passed to you. 

Your delays in resolving this matter have been unacceptable, I trust this shall now be quickly drawn to a conclusion.

Sincerely,
Rich

A mattress should be changed every 8 years so I would expect just over half back after 3-4 years (depending on the exact months), their first offer is likely to be low so haggle for a better settlement if it's less than half they offer. 

If you need to send the letter before action templates are on Google, pretty much say the same as above but include the figure you want (again about half) and send it off to their head office. 

The time in storage is unfortunate and I don't feel you'd be able to adjust the % refund to account for this, whilst the regs do state the deduction is for usage it may be difficult to show the period of storage, or indeed that it was stored without use at any point. 

If you have the funds get yourself a new mattress now  

visidigi

Just keep in mind the B4B went bust in 2020 - so who you bought the item from isn't who you are dealing with now. So getting too threatening may not be a favorable route (even if I do agree with @the_lunatic_is_in_my_head intent)

the_lunatic_is_in_my_head

visidigi said:

Just keep in mind the B4B went bust in 2020 - so who you bought the item from isn't who you are dealing with now. So getting too threatening may not be a favorable route (even if I do agree with @the_lunatic_is_in_my_head intent)

Thanks @visidigi I wasn't aware of this, the T&Cs link on their site isn't working for me but Bensons for Beds Retail Ltd is mentioned at the bottom so if that company name refers to the trader (rather than just a credit provider) it appears they were incorporated in 2020 so OP may no longer have a legal entity to enforce consumer rights against.

In which case OP would have to check what happened with the warranty (did the new company offer to honour it) and what the terms are with regards to timeframes. 

user1977

This is the "old" company which traded as Bensons for Beds:

https://find-and-update.company-information.service.gov.uk/company/00040754

so definitely in administration since 2020.

visidigi

Yeah I just think the OP should be a bit more patient than an actively trading, still definitely liable entity to go legal on.

Manxman_in_exile

Where is @Comsumerhelpgenius when a really boring thread needs to be consigned to the bin?

Phase66

@Aylesbury_Duck thank you, we just want a resolution so are open to a replacement but the last thing I want is to be in the same place again in 1-2 years (the amount we have used the bed). 

@ss2020jd thank you for the compassion. Life is much more difficult without good sleep!! Unfortunately I didn't have a big enough card balance to put it on cc 😞

@the_lunatic_is_in_my_head amazing thank you for the guidance and letter. Very nice tone! Really appreciate your time. If we go back to the time of the initial complaint (knowing the problem started a while before as it takes a while to escalate to complaint on such things) then we only had the bed for 2-3 years and I have photos of the mattress in storage so I can claim usage of much less than two years with evidence. A multiple thousand pound bed should be usable for more than two years surely?

@visidigi thank you, a really pertinent point, I didn't realise they went bust. I guess I should feel lucky there is anyone acting at all on the company's behalf. I think with this in mind I'll send the letter from the_lunatic_is_in_my_head and hope the ombudspeople come back soon. Not impressed with them so far though so I won't hold my breath 😃

Thank you everyone!

Even you @Manxman_in_exile, I hope whatever is wrong in your life corrects itself soon for a brighter future. Good luck