Brook + Wilde Mattress has become faulty; Independent assessment?

belbo_bagins

Hello!

I bought a mattress from Brook + Wilde in June 2021 which developed a fault. Raised this with the company in November 2022. Company confirmed there was a manufacturing fault and a replacement was received January 2023 (this fault was determined by brook + wilde based purely on photos I sent).

I believe the same fault has now arisen in the replacement mattress. Tried to contact the company but was notified that ‘Brooke + Wilde Limited’ went into liquidation on the 9th August 2023. Mattress was sold with a 10 year guarantee.

I have started a Section 75 claim relating to this and they have now asked for an independent assessment as the onus is on me to prove the fault.

I just wanted to double check/get thoughts on a few things:

 - I believe I am still OK to make this claim, as the guarantee falls onto the replacement mattress (and thus my credit card company is still liable here?). Is this right?
- Getting an independent report is looking like it will cost around £150 (based on using Emmiera, as recommended by the Furniture & Home Improvement Ombudsman). Amex state that a report is "not a guarantee that we will accept its contents as evidence of your claim". I can't help but feel if an independent report found it was a manufacturing fault, they would have no option but to refund/repair (surely the financial ombudsman would rule in my favour?). Has anyone any experience of this being an issue?
- Finally, whilst my own experience and reviews on Trust Pilot suggest numerous other people have started to experience the same manufacturing fault, it is possible an independent assessment would state there is no manufacturing fault - I wonder how often these are found to be the case? I feel like I am potentially gambling £150 here and trying to evaluate the likelihood this would be found in my favour (I appreciate the £150 would be reimbursed by Amex as part of my claim if successful - but I could end up with a knackered mattress and £250 down!). 

Thank you in advance for any help/insight/opinions

CliveOfIndia

Yes you can submit a S75 claim.  And the card issuer asking for an independent report is not unusual - after all, they'll be paying you out of their own pocket.

If you yourself genuinely believe it's a manufacturing fault, and if the mattress cost a reasonable sum of money, it's probably worth making the claim - as you say, if you're successful then the cost of the report will also be refunded.

I guess it hinges on how much you trust the report to be truly independent/objective.  If the company doing the report is recommended by an ombudsman, I guess you could be fairly sure they're legit?  Do your own research into them as well, though.

belbo_bagins

CliveOfIndia said:

Yes you can submit a S75 claim.  And the card issuer asking for an independent report is not unusual - after all, they'll be paying you out of their own pocket.

If you yourself genuinely believe it's a manufacturing fault, and if the mattress cost a reasonable sum of money, it's probably worth making the claim - as you say, if you're successful then the cost of the report will also be refunded.

I guess it hinges on how much you trust the report to be truly independent/objective.  If the company doing the report is recommended by an ombudsman, I guess you could be fairly sure they're legit?  Do your own research into them as well, though.

Thanks Clive. Absolutely understand the request for a report - just wanted to double check that section S75 still valid given it is the replacement that has become faulty. 

Appreciate the opinion; I've only had the experience of one 'independent' assessment (which was organised by the company) which was for a sofa, and I couldn't help feel it was very rare for them to ever say it was anything other than an issue caused by a customer, hence my slight hesitation/feeling of 'gambling'.

CliveOfIndia

Yep, there is a slight element of a gamble - it all hinges on what the independent assessment says as to whether the CC company will pay out.

Of course you're free to choose whoever you want to do the assessment.  You just need to make sure that they are "accredited" in some way, or can be proven to be experts in their field.  All other things being equal, as long as they can prove that they know what they're talking about, the CC company should take their assessment as gospel.

Cornish84

Sorry for the revival of this, what was the outcome of this action? 

I also had a mattress replaced in February 2023 and developed the same fault again just to find out they are now in administration. 

Thank you.  

born_again

Cornish84 said:

Sorry for the revival of this, what was the outcome of this action? 

I also had a mattress replaced in February 2023 and developed the same fault again just to find out they are now in administration. 

Thank you.  

Op has not been back since Jul 17, 2024

So unless they pick a reply up & respond. Which sadly they did not to the thread since April.

Panda5000

Cornish84 said:

Sorry for the revival of this, what was the outcome of this action? 

I also had a mattress replaced in February 2023 and developed the same fault again just to find out they are now in administration. 

Thank you.  

Id like to know the answer too! I purchased a mattress in November 2021 - barely slept on as was in spare room - and has developed the massive sag that everyone is describing !  Did you manage to get your money back in any way?

 I urge everyone who has had a similar experience as me to make sure they leave trustpilot reviews (under both company names), and also provide them some 'feeedback' under their social media posts (Instagram/ Facebook)

belbo_bagins

Apologies all - I didn't see my notifications for this, hence late response to this - I had always meant to come back and give an update to anyone in the same position.

We did decide to go ahead and instruct an inspection which we organised via the ombudsman. The report was very thorough and found a couple of significant manufacturing faults which allowed us to get a full refund via Section 75.

Sorry again for the delay - please let me know if you need any further information .