Bensons for beds complete failures to a disabled customer- where can I go from here?

samantham06

Hello everyone,

I cannot deal with this on my own anymore and need to share it and ask for advice please. Please keep your suggestions clear if possible, I have autism and would greatly appreciate easy to follow steps. Many thanks.

I ordered a sleep wave adjustable bed from Bensons on the 19/09/24, it was due to be delivered in 2 weeks they said, I could not wait as I have hidden disabilities and am in a lot of pain daily so this bed with its adjustable features was literally going to change my life and reduce my pain. It had settings where I could lift my feet up at night, sit myself up on bad days to study in bed (I spend time in bed during the day when I am not well) so I could reduce neck pain and not have to feel so bad all the time, and it had a massage function, I was so excited. It was not simply a wanted purchase, it was a needed one. It cost around £650 with delivery. 

They extended the delivery date for another 4 weeks, I was not best pleased but needed this bed so waited, they refunded the £39 delivery charge.

On the day it arrived, 6 weeks after order, the drivers delivered half of it and half of another bed. They left the boxes all stacked on top of one another, so I had to move some of them to see what was there. I have back issues and am not allowed to lift heavy things, but I had to as bensons customer service said if I did not let them know what was there then they could not help. In the process of trying to move these boxes (39kg+) I hurt my back and where I could not manage the weight of them I knocked a coffee cup over my tempur mattress, and it stained it.
I was very upset, I appreciate they did not knock the coffee cup over, but I would not have knocked it over if they had not of made a mistake and asked me to move boxes I couldnt that said "2 person lift"- they sent a home claims person out to clean the mattress but they could not so apparently are going to replace the cover- but we will see!

Later that day the drivers delivered the right bed. But the boxes were open. When someone came to put it together for me a few days later, we realised there were multiple parts missing and it was completely unable to be put together. I rang bensons and they promised the parts would be with me in 10 days.

The parts never arrived, so I raised a complaint and sent a letter I got the template off from here asking for a refund and compensation- they denied it.
I then was told on FOUR or maybe even 5 now separate days that they would collect this bed from my bedroom and send my actual replacement bed. They promised, a person in their complaints team promised they would come on these days. 
On each of this 4/5 days this has failed, I have sat in and they have not even notified me they are not collecting/delivering, I have only found out as nobody has turned up and I rang them, each time its just excuses and i am told to wait.
Each time I have to spend hours on the phone being passed from pillar to post and as an autistic customer this is unbearable for me, they make me answer lots of security questions and keep me on hold, and over the last 2 working days alone I have had to endure 3 hours on the phone to them, I am exhausted and it is now really affecting my wellbeing.
They also keep ringing me when I am in the middle of studying or work meetings and I have asked them not to, they keep disturbing my work.
I study, work and have a child alongside my disabilities and quite frankly this is too much to deal with from them. 

The thing that is upsetting me the most is not having the bed and needing it for pain, secondly it is that they have knowingly left this extremely large incomplete bed of theirs in my bedroom for nearly 4 weeks since the 1st incomplete delivery, I have explained to them over and over you HAVE to remove it, I cannot walk around my own room properly, I need extra space as I am disabled, I told them I have already bruised my leg on it as it is so large and it is stopping me using my room properly, they do not care. I told them on bad days I sometimes need a stick to walk, and this large item is restricting my mobility and obviously I cannot lift it- nor do I have anywhere else for it to go. It is also stopping me from sleeping as where it is means my old bed cannot go there, so I have to sleep next to the boiler and I just cannot sleep it is really affecting my health. 

I said "can i pay someone to lift it outside please and then it can stay there until you decide to collect it" they said no, if it gets wet they will not refund or replace it, so for 4 weeks almost I have been forced to keep their incomplete product in my very small bedroom and have not been able to use my own room properly. I am being held hostage by them and i am totally exhausted from it all.

Why should I have to keep this bed in my room- because they keep failing to collect it? - I have even opened a pay pal dispute, they wont refund as they keep promising to collect and replace, but thats now 4 or 5 failures. How long can this go on? 

Why should I still not have the bed I ordered over 2 months ago for health?

Surely they have legal obligations to not just disabled customers, but all customers? I wonder if it sits along criminal lines to keep their product in a persons room so long and restrict their mobility? 

And what on earth can I do to hold them accountable for this? They have paid 4x £75 for each failed collection/delivery - I take it out of principle, but the money means nothing, I want this sorted and I need this bed gone. 

What can I do now please? 
 

km1500

how did you pay - did you pay any of it using a credit card ?

samantham06

km1500 said:

how did you pay - did you pay any of it using a credit card ?

Hello

Yes and via pay pal but they won't refund as bensons keep promising to deliver/collect but do not, they say now it will be next tuesday but i do not beleive it will happen 

Aylesbury_Duck

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

samantham06

Aylesbury_Duck said:

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

Aylesbury_Duck said:

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

No I do not trust them

Informally I have done this over 2 weeks ago, I sent them multiple emails saying "Collect this by monday or I will leave it outside and still expect a full refund! Numerous times. They obviously have not collected it, I have made very clear throughout I can no longer store this for them as it is damaging my health and restricting my mobility.

would I still need to send what you have said? And what then, if they still do not collect it? 

I am upset as I really needed this particular bed. 

voluted

samantham06 said:

Aylesbury_Duck said:

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

Aylesbury_Duck said:

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

No I do not trust them

Informally I have done this over 2 weeks ago, I sent them multiple emails saying "Collect this by monday or I will leave it outside and still expect a full refund! Numerous times. They obviously have not collected it, I have made very clear throughout I can no longer store this for them as it is damaging my health and restricting my mobility.

would I still need to send what you have said? And what then, if they still do not collect it? 

I am upset as I really needed this particular bed. 

https://www.paypal.com/uk/legalhub/paypal/buyer-protection

Raise a claim as Significantly Not as Described


In terms of the goods you have, you are an involuntary bailee.

You have an obligation to take reasonable care of the goods, you can't just leave them outside where they will almost certainly be ruined by the weather.

This gives information on what to do https://jebaring.co.uk/involuntary-bailee-what-to-do/

Essentially tell them they need to collect them at their own cost, otherwise they will be sold. You can then sell them at market value and give Bensons the money, minus any costs.

I would wait for the PayPal response before going down that route though, they'll almost certainly require the goods to be sent back.

km1500

samantham06 said:

km1500 said:

how did you pay - did you pay any of it using a credit card ?

Hello

Yes and via pay pal but they won't refund as bensons keep promising to deliver/collect but do not, they say now it will be next tuesday but i do not beleive it will happen 

sorry can you clarify did you say you paid some by credit card and some by PayPal or do you mean you pay it all by PayPal but PayPal was linked to your credit card

samantham06

voluted said:

samantham06 said:

Aylesbury_Duck said:

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

Aylesbury_Duck said:

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

No I do not trust them

Informally I have done this over 2 weeks ago, I sent them multiple emails saying "Collect this by monday or I will leave it outside and still expect a full refund! Numerous times. They obviously have not collected it, I have made very clear throughout I can no longer store this for them as it is damaging my health and restricting my mobility.

would I still need to send what you have said? And what then, if they still do not collect it? 

I am upset as I really needed this particular bed. 

https://www.paypal.com/uk/legalhub/paypal/buyer-protection

Raise a claim as Significantly Not as Described


In terms of the goods you have, you are an involuntary bailee.

You have an obligation to take reasonable care of the goods, you can't just leave them outside where they will almost certainly be ruined by the weather.

This gives information on what to do https://jebaring.co.uk/involuntary-bailee-what-to-do/

Essentially tell them they need to collect them at their own cost, otherwise they will be sold. You can then sell them at market value and give Bensons the money, minus any costs.

I would wait for the PayPal response before going down that route though, they'll almost certainly require the goods to be sent back.

Thank you, so I send them an email saying this, and giving them 14 days? (I have already informally done this)

This is so wrong, as it means another 2 weeks at least of me having my mobility restricted.

What is a reasonable 'Storage' amount to ask them for? For the almost 4 weeks they have failed to collect their goods? Or per week? As I have no doubt it will continue.

Alongside what is a reasonable compensation amount to ask for over all of this? Seeing as I desperately needed a bed for disability reasons and have had my health harmed during this all.

It is not about the money, it is about the principle and because they have seriously affected my life and wellbeing. 

samantham06

km1500 said:

samantham06 said:

km1500 said:

how did you pay - did you pay any of it using a credit card ?

Hello

Yes and via pay pal but they won't refund as bensons keep promising to deliver/collect but do not, they say now it will be next tuesday but i do not beleive it will happen 

sorry can you clarify did you say you paid some by credit card and some by PayPal or do you mean you pay it all by PayPal but PayPal was linked to your credit card

Hello, I paid via paypal, but the payment was made from my Amex, as that is what is linked to my paypal. 

Emmia

samantham06 said:

km1500 said:

samantham06 said:

km1500 said:

how did you pay - did you pay any of it using a credit card ?

Hello

Yes and via pay pal but they won't refund as bensons keep promising to deliver/collect but do not, they say now it will be next tuesday but i do not beleive it will happen 

sorry can you clarify did you say you paid some by credit card and some by PayPal or do you mean you pay it all by PayPal but PayPal was linked to your credit card

Hello, I paid via paypal, but the payment was made from my Amex, as that is what is linked to my paypal. 

By paying in that way you have broken the chain of responsibility, that could have given you a route to make a claim via AMEX instead of Benson's.

voluted

samantham06 said:

voluted said:

samantham06 said:

Aylesbury_Duck said:

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

Aylesbury_Duck said:

I suggest you send Bensons a letter telling them you are rejecting everything, you expect them to collect it all in the next 14 days and you expect a full refund.

In the meantime, find a recommended alternative retailer, preferably a fairly local independent seller who relies upon recommendations for business instead of one of the overly-marketed retail barns, and get their proper advice and make sure they know of your particular requirements.

There's little point persevering with Bensons.  They've proved incapable of sorting this out over a protracted period and even if they were to magically fix it next Tuesday, are you confident they'll deal with any future problems?

No I do not trust them

Informally I have done this over 2 weeks ago, I sent them multiple emails saying "Collect this by monday or I will leave it outside and still expect a full refund! Numerous times. They obviously have not collected it, I have made very clear throughout I can no longer store this for them as it is damaging my health and restricting my mobility.

would I still need to send what you have said? And what then, if they still do not collect it? 

I am upset as I really needed this particular bed. 

https://www.paypal.com/uk/legalhub/paypal/buyer-protection

Raise a claim as Significantly Not as Described


In terms of the goods you have, you are an involuntary bailee.

You have an obligation to take reasonable care of the goods, you can't just leave them outside where they will almost certainly be ruined by the weather.

This gives information on what to do https://jebaring.co.uk/involuntary-bailee-what-to-do/

Essentially tell them they need to collect them at their own cost, otherwise they will be sold. You can then sell them at market value and give Bensons the money, minus any costs.

I would wait for the PayPal response before going down that route though, they'll almost certainly require the goods to be sent back.

Thank you, so I send them an email saying this, and giving them 14 days? (I have already informally done this)

This is so wrong, as it means another 2 weeks at least of me having my mobility restricted.

What is a reasonable 'Storage' amount to ask them for? For the almost 4 weeks they have failed to collect their goods? Or per week? As I have no doubt it will continue.

Alongside what is a reasonable compensation amount to ask for over all of this? Seeing as I desperately needed a bed for disability reasons and have had my health harmed during this all.

It is not about the money, it is about the principle and because they have seriously affected my life and wellbeing. 

Forget the principle, fighting for principles is a fantastic way to cause yourself no end of grief and lose money.

You need to raise this with PayPal first, if you get no joy from them then go down the involuntary bailee route.