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

2

Comments

  • km1500
    km1500 Posts: 2,703 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 23 November 2024 at 5:08PM
    it is obviously too late for this and I don't want to sound patronizing but just to say that in future you are much better paying with the card itself than via PayPal as you will have much better protection

    Avoid Paypal if you can - pay with your credit card
  • voluted 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?
    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. 


    You can't charge them storage.

  • Grumpy_chap
    Grumpy_chap Posts: 16,975 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Combo Breaker

    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,  


    This seems odd to me.

    We have always purchased beds from Bensons and every time, they deliver the bed, unpack, assemble, take all the packaging away, take the old bed away.

    As far as I am aware, that is the standard service offered by Bensons - the only extra charge being to take the old bed away.

    How did the OP come to have a bed (and a rather more complicated model than a standard divan) delivered yet not assembled?
  • Grumpy_chap
    Grumpy_chap Posts: 16,975 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Update on my post just above - I was intrigued and found that Bensons for Beds now offer both "assembly" and "recycling" as two separate optional extras when buying a bed - neither are included as standard it would seem.  

    I don't know whether this is a change, or it has always been so and we just never realised that the assembly was an extra.
  • Update on my post just above - I was intrigued and found that Bensons for Beds now offer both "assembly" and "recycling" as two separate optional extras when buying a bed - neither are included as standard it would seem.  

    I don't know whether this is a change, or it has always been so and we just never realised that the assembly was an extra.
    They do not offer any assembly service on electric adjustable beds. 
  • km1500 said:
    it is obviously too late for this and I don't want to sound patronizing but just to say that in future you are much better paying with the card itself than via PayPal as you will have much better protection

    Avoid Paypal if you can - pay with your credit card
    thank you, 'I assumed paypal would be better as I had to raise 2 claims with Amex over the last few years and both times they were not helpful at all and despite evidence, sided with the company. 
    Paypal have said if there is no "update" from Bensons by the 1/12/24 I will have a refund in full, the issue is- if their update is more false promises to collect and redeliver and this does not happen, then I am not sure paypal will refund, but I will stay be in the same situation. 
  • Murphybear
    Murphybear Posts: 7,750 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 24 November 2024 at 10:02AM
    Update on my post just above - I was intrigued and found that Bensons for Beds now offer both "assembly" and "recycling" as two separate optional extras when buying a bed - neither are included as standard it would seem.  

    I don't know whether this is a change, or it has always been so and we just never realised that the assembly was an extra.
    They do not offer any assembly service on electric adjustable beds. 
    I bought an adjustable bed from Dreams.  They assembled it and took the old bed away, no extra charge.  This was over 10 years ago so I can’t guarantee they still do this.  The bed mechanism is still going strong.  I replaced the mattress a couple of years ago, also from Dreams, they took the old mattress away but I have a feeling they may have charged extra, can’t remember.

    i hope you get this sorted out.  Having an adjustable bed is worth every penny for me.  I get swollen ankles and it’s great to be able to raise your feet.  

    One tip if you have a cat.  Our cat (sadly gone now) used to sneak into the bed when the head was raised.  She curled up and went to sleep.  I had to check whether she was in the bed before I lowered it.   
  • Update on my post just above - I was intrigued and found that Bensons for Beds now offer both "assembly" and "recycling" as two separate optional extras when buying a bed - neither are included as standard it would seem.  

    I don't know whether this is a change, or it has always been so and we just never realised that the assembly was an extra.
    They do not offer any assembly service on electric adjustable beds. 
    I bought an adjustable bed from Dreams.  They assembled it and took the old bed away, no extra charge.  This was over 10 years ago so I can’t guarantee they still do this.  The bed mechanism is still going strong.  I replaced the mattress a couple of years ago, also from Dreams, they took the old mattress away but I have a feeling they may have charged extra, can’t remember.

    i hope you get this sorted out.  Having an adjustable bed is worth every penny for me.  I get swollen ankles and it’s great to be able to raise your feet.  

    One tip if you have a cat.  Our cat (sadly gone now) used to sneak into the bed when the head was raised.  She curled up and went to sleep.  I had to check whether she was in the bed before I lowered it.   
    No cat, but a very small dog, thank you that is very helpful as actually she did once get underneath the recliner sofa- what a pallava that was! 
  • soolin
    soolin Posts: 73,389 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    My concern with a PayPal claim is that a SNAD claim requires items to be returned, which is not really feasible here. The best hope is that Bensons don’t make a proper response to the PayPal claim and you win by default. However that still,leaves the bed in your house, but at that point Bensons might be more amenable to collecting it as they have lost the money for it. 
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  • Ergates
    Ergates Posts: 2,772 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    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.

    How much are you out of pocket as a result of their mistake?  Not counting the cost of the bed itself as this would be covered by any refund.
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