Returning a Bed

born_again

jasonwatkins said:

HillStreetBlues said:

How about claiming mattress is faulty.
It states "never too hot or cold" & "with an infusion of cooling gel capsules."
If you've got too hot then there must be a fault somewhere possibly with the cooling caps.
 

I think this could be something to pursue.  I certainly feel there isn't "optimum temperature regulation" at all.

Jellynailer said:

Please can you write up everything you remember about your instore experience. Noting that you said the salesperson lied, I wonder if there are grounds for a criminal complaint of fraud.

I do appreciate your input, thankyou, but the salesman didn't lie.  I was given, and signed, all of the appropriate paperwork after I'd read through it.   That's why I wrote what I did in my opening post that I understand my options are extremely limited.

Never too Hot or Cold, Is very subjective. 

Jellynailer

jasonwatkins said:

HIllStreetBlues said

How about claiming mattress is faulty.
It states "never too hot or cold" & "with an infusion of cooling gel capsules."
If you've got too hot then there must be a fault somewhere possibly with the cooling caps.
 

I think this could be something to pursue.  I certainly feel there isn't "optimum temperature regulation" at all.

Jellynailer said:

Please can you write up everything you remember about your instore experience. Noting that you said the salesperson lied, I wonder if there are grounds for a criminal complaint of fraud.

I do appreciate your input, thankyou, but the salesman didn't lie.  I was given, and signed, all of the appropriate paperwork after I'd read through it.   That's why I wrote what I did in my opening post that I understand my options are extremely limited.

Re the responses from you and others to the information I supplied I have now progressed with my research which has uncovered a coordinated take over of Anglia Home Furnishings between 10 April and 31 June 2024 starting on the 8 April when Nora Opco was renamed NSL Operatioms UK Ltd as both a retail and a holding company &7/9 AHF active directors resigned on10 April.

Then NSL changed name again to Nora Hardco but simultaneously changed that to Nora Debtco with a different registration number and declaration that Nora Hardco is the Registered Legal Entity. Then with yet another registration number on 1 July the name is changed to Nick Scali Holdings with a declaration that there is no significant person for legal entity or otherwise.

All the above are registered at the same Bristol address and all only have Australian residents as directors. From the information you have supplied (waiting over 5 months for delivery, deliveries only once a week and the out of hand dismissal of the problems you have experienced) + 1 star posts on Trust Pilot, I suspect that the take over is for the purpose of assett stripping without liability for existing charges on assetts. .

I agree that your best option is to reject the mattress as faulty and suggest you proceed with this as quickly as possible noting that the t&c state that complaints must be addressed to customer services not sales.

If, as I anticipate, your complaint will be rejected, I suggest that you could agree for me to seek help from Silentnight who will be extremely concerned that their mattresses have been copied and may be prepared to exchange your mattress for a genuine geltex and dismantle your existing mattress for eviidence of fraud (with precedence of CPS prosecution of another mattress co.)

If other forumites do not agree with what I have said please provide practical advice to the OP of how to otherwise get redress if the complaint is rejected. 

the_lunatic_is_in_my_head

Hello OP

The bed slat could be viewed as the goods not conforming giving you the short term right to reject (for which you have 30 days from delivery to raise the issue) but you'd either have to reject just the bed (keeping the mattress and recliner) or reject all three as the regs don't entitle you to reject the "faulty" bed, reject "non-faulty" mattress and keep the "non-faulty" chair (that assumes the company knows this but I'd image anyone would face resistance wanting a refund on a bed + mattress over a broken bed slat). 

Another view is the fitters damaged it and you'd be entitled to a repeat performance or damages for the value of the slat. 

I'd hope any bed company would just replace a broken slat, mark up on mattresses is generally very high and a strip of wood is nothing in comparison. 

If you were claiming the bed and/or mattress had an issue but was happy with a replacement (or repair) burden of proof is on them to prove otherwise, how they show a mattress doesn't have a manufacturing fault I've no idea really. 

One thought, are the slats flat or sprung and whatever they are are they different to your last bed? My wife doesn't get on with sleeping on a bed with sprung slats for some reason and if the slats are different it might affect your comfort? 

eskbanker

Jellynailer said:
If, as I anticipate, your complaint will be rejected, I suggest that you could agree for me to seek help from Silentnight who will be extremely concerned that their mattresses have been copied and may be prepared to exchange your mattress for a genuine geltex and dismantle your existing mattress for eviidence of fraud (with precedence of CPS prosecution of another mattress co.)

On what basis are you suggesting that OP allows an anonymous stranger on a web forum to represent them in some way?

Okell

The only thing I can see that the OP might have a legitimate claim over is the broken bed slat - but apparently that doesn't worry the OP and they are certain that it isn't contributing to their problem(s).  They've not even repaired it from what they've told us

The point about the mattress not regulating the OP's body heat - well, I'm not sure where to begin.  It's obvious to me that unless there is some kind of energy input to the mattress then it can't possibly regulate anybody's temperature.  Can anybody explain to me how that would work in practice?

Perhaps it could be argued that the mattress was, therefore, not as described, but how would the OP establish that it didn't regulate his temperature?  It's entirely subjective.

Or, a court might hold that as the temperature regulation claim was so obvious an exaggeration that it was mere advertising "puff" and didn't form part of the description that anyone would reasonably rely on

Seems to me that the OP has bought a bed and a mattress instore that they don't like/find uncomfortable/can't sleep on.

None of those form the basis of a claim.

born_again

Jellynailer said:

If, as I anticipate, your complaint will be rejected, I suggest that you could agree for me to seek help from Silentnight who will be extremely concerned that their mattresses have been copied and may be prepared to exchange your mattress for a genuine geltex and dismantle your existing mattress for eviidence of fraud (with precedence of CPS prosecution of another mattress co.)

If other forumites do not agree with what I have said please provide practical advice to the OP of how to otherwise get redress if the complaint is rejected. 

I would suggest you have a look at rule 4 here..

https://www.moneysavingexpert.com/site/forum-faqs/

Especially given how you have put the info in extra small print.

Alderbank

Okell said:

The point about the mattress not regulating the OP's body heat - well, I'm not sure where to begin.  It's obvious to me that unless there is some kind of energy input to the mattress then it can't possibly regulate anybody's temperature.  Can anybody explain to me how that would work in practice?

Or, a court might hold that as the temperature regulation claim was so obvious an exaggeration that it was mere advertising "puff" and didn't form part of the description that anyone would reasonably rely on

Seems to me that the OP has bought a bed and a mattress instore that they don't like/find uncomfortable/can't sleep on.

None of those form the basis of a claim.

It's a very basic property of materials called latent heat.
When a crystalline solid is warmed it begins to liquefy as it approaches its melting point. That process absorbs energy which is called latent heat. If it cools again it releases that latent heat. The overall effect is to maintain a steady temperature (within limits).

The gel manufacturer chooses crystals which melt at about 35C and a suitable pellet size to make the mattress comfortable for most users.

I agree that 'never too hot or too cold' is a mere advertising puff, and I don't see the basis of a claim either.

Okell

Alderbank said:

Okell said:

The point about the mattress not regulating the OP's body heat - well, I'm not sure where to begin.  It's obvious to me that unless there is some kind of energy input to the mattress then it can't possibly regulate anybody's temperature.  Can anybody explain to me how that would work in practice?

Or, a court might hold that as the temperature regulation claim was so obvious an exaggeration that it was mere advertising "puff" and didn't form part of the description that anyone would reasonably rely on

Seems to me that the OP has bought a bed and a mattress instore that they don't like/find uncomfortable/can't sleep on.

None of those form the basis of a claim.

It's a very basic property of materials called latent heat.
When a crystalline solid is warmed it begins to liquefy as it approaches its melting point. That process absorbs energy which is called latent heat. If it cools again it releases that latent heat. The overall effect is to maintain a steady temperature (within limits).

The gel manufacturer chooses crystals which melt at about 35C and a suitable pellet size to make the mattress comfortable for most users.

I agree that 'never too hot or too cold' is a mere advertising puff, and I don't see the basis of a claim either.

Well that brings me back to science classes in my first week at secondary school 55 years ago!

I find it hard to believe that a sleeping person's body temperature would vary enough overnight to keep changing the state of the material sufficiently either to be noticeable or to allow it to regulate the body's temperature.  

RefluentBeans

Jellynailer said:

jasonwatkins said:

HIllStreetBlues said

How about claiming mattress is faulty.
It states "never too hot or cold" & "with an infusion of cooling gel capsules."
If you've got too hot then there must be a fault somewhere possibly with the cooling caps.
 

I think this could be something to pursue.  I certainly feel there isn't "optimum temperature regulation" at all.

Jellynailer said:

Please can you write up everything you remember about your instore experience. Noting that you said the salesperson lied, I wonder if there are grounds for a criminal complaint of fraud.

I do appreciate your input, thankyou, but the salesman didn't lie.  I was given, and signed, all of the appropriate paperwork after I'd read through it.   That's why I wrote what I did in my opening post that I understand my options are extremely limited.

If other forumites do not agree with what I have said please provide practical advice to the OP of how to otherwise get redress if the complaint is rejected. 

Ignoring the points about you acting as legal representation (which isn’t allowed as said above) - not every claim has a right to redress. OP clearly thinks they do - but supplier also clearly thinks they don’t. As with all cases there’s pros to each argument. But:
1. Given the OP ordered from a brick and mortar store - there is no automatic 14 day right to reject that online and distance purchases benefit from. 
2. The OP still hasn’t said whether the construction was provided by the retailer or just recommended by the retailer, it’s unclear if the construction people were acting as an agent of the retailer or not.
3. The OP seems to have two separate issues and conflating them to one - the bed and the mattress should be considered two separate issues. The mattress may have more legs on being as described (falling under CRA)

I think this would be an uphill battle to prove rights were breached. The facts about Silentnight, whilst interesting, will have little bearing. Silentnight may replace the mattress out of goodwill, or they may say ‘that’s tough luck - it’s the reason people pay for our name’. After all - Chanel won’t send me a replacement bag that I got from the market for a tenner. If Silentnight take action, it would be entirely different from the OP’s case and OP would not see a penny from that (other than maybe a finders fee for finding a sketchy company). 

HillStreetBlues

Alderbank said:

I agree that 'never too hot or too cold' is a mere advertising puff, and I don't see the basis of a claim either.

If had been simply too hot or cold, then I would agree
But I think it goes beyond the puff, as the sentence lays out how it's achieved with crystals. So a person could believe the the crystals somehow creates an even body temperature.