Advice on dealing with faulty mattress from MattressNextDay.co.uk

mcnamee19

Hi,

I was hoping someone could help with some issues I have been having with a faulty mattress purchased from MattressNextDay.

I first purchased a mattress from them which was delivered on September 13. The mattress was listed as firm, with orthopaedic support, however the mattress started to dip and lose it's firmness and support after only 5 days, with eventually all areas on the mattress experiencing this effect within 15-20 days. This caused me pain when trying to sleep, as I would sink into the mattress.

I was aware that MattressNextDay had a Sleep Trial exchange, and was expecting there to be a charge for this, as Dreams also have this practice, where you pay £99 to exchange for another mattress. I phoned MattressNextDay to see what they could do to resolve this issue, and this was after 7 days after purchasing. They advised that, out of the options, I was not able to have a Sleep Trial Exchange, as you have to have the mattress for 50 nights before being able to have a Sleep Trial Exchange. So the only other option was to start a claim with them. This involved sending multiple photos of the labels, the mattress, and also a video showing the issue.

This process was very slow, with very few updates. They had to send the information over to the manufacturer and had to wait to hear back.I eventually heard back about the next step on the 10th October, despite having emailed this information on the 29th September.

During this period, I could not use the mattress due to the pain, and had issues sleeping. I contacted them multiple times, asking if my Sleep Trial exchange could be activated early, due to the suffering I was experiencing due to this, even asking if management could be asked about this, but heard nothing back.

In October I was offered a home inspection, which I would have to pay £39 for, to see if the mattress had a fault. I could not afford to pay this however, as I had to buy another mattress to use from another company, due to the speed at which this was taking.

Eventually, time passed, and the 50 nights had elapsed. I had an option, to send back the additional mattress I had purchased in October from another company and get a refund, and then activate my Sleep Trial exchange. I decided to do this, as I had two mattresses cluttering up my room, and this would be a clean solution, albeit with the £99 charge.

The additional mattress I purchased was sent back for a refund from the other company, and I activated the Sleep Trial exchange and had another mattress delivered from MattressNextDay (a different brand mattress).

The mattress, while listed as medium-firm and with orthopaedic support, again had the same effect, except after only 2-3 days, it lost it's support and firmness.

I contacted MattressNextDay, as I was aware of the process, of sending photos over to them, which they requested, and I then did.

They have now replied to me saying this - 

"I have sent the details you provided to the manufacturer to check if they can use them for an assessment as all the images and video show the mattress in the packaging."

I have tried to be accomodating of this company's practices throughout this process, however for me they have crossed a line here. They are suggesting that, because the mattress is still in it's packaging, that this is a reason as to why I CANNOT have a refund, as it cannot be assessed. I have sent a video over, showing the loss of support, and how the edges of the mattress still retain their firmness, but the centre does not. It can clearly be seen. There are also bits of dirt and hair underneath the packaging, and I have sent them an example photo of this. 

I believe this company has shown a lack of understanding for their customers, by first refusing to allow me a sleep trial exchange early, firstly, and then asking for a payment to be made to have an inspector come out to assess a mattress.

These two instances I did try and work with, but now, with this current situation where I am potentially being refused anything due to the mattress being INSIDE it's original packaging, I find ridiculous.

If anyone can advise on this I would appreciate it. 

Thanks.

sheramber

Have you been using it while still in the packaging?

the_lunatic_is_in_my_head

Well their terms are terrible and I'd say you have 1 year and 14 days to cancel the contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 but it will likely be a battle. 

You'd make a clear statement such as "I am writing to notify you I am cancelling my contract for order xxxx in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013"

You'd then return the goods within 14 days, or make them available for collection if they offer to collect when the consumer cancels. 

They'd have 14 days to refund from when they receive the return or evidence of return (or IIRC 14 days from when you cancel if their terms offer to collect).

If they don't then you have to issue a letter before action and then file small claims if the letter doesn't do the trick. 

Regs are slightly complex but happy to draft it together if required OP?

Whilst mattresses are unlikely to be non-returnable even if used and a deduction not possible if terms are non-compliant, if you are saying the mattress is still sealed and was never opened then that should make at least one aspect easier. 

mcnamee19

the_lunatic_is_in_my_head said:

Well their terms are terrible and I'd say you have 1 year and 14 days to cancel the contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 but it will likely be a battle. 

You'd make a clear statement such as "I am writing to notify you I am cancelling my contract for order xxxx in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013"

You'd then return the goods within 14 days, or make them available for collection if they offer to collect when the consumer cancels. 

They'd have 14 days to refund from when they receive the return or evidence of return (or IIRC 14 days from when you cancel if their terms offer to collect).

If they don't then you have to issue a letter before action and then file small claims if the letter doesn't do the trick. 

Regs are slightly complex but happy to draft it together if required OP?

Whilst mattresses are unlikely to be non-returnable even if used and a deduction not possible if terms are non-compliant, if you are saying the mattress is still sealed and was never opened then that should make at least one aspect easier. 

Thank you for the help with this, and for providing all of this info. Just to provide some extra detail, the transaction/purchase for the Sleep Trial Exchange was the 4th November.

Also, the retailer did get back to me, and said that the manufacturer advised that "The areas the customer sleeps will naturally settle so it will feel a little softer in these areas. Are they using the mattress with the packaging still on?"

My issue with the mattress is that the pain becomes significant. I have been having to stay awake until I get exhausted, and then wake up with pain, in order to sleep on it. 

I would ideally like the retailer to come to a compromise on this. I have had issues with finding a suitable mattress for some time, my previous mattress that lasted a few years was a very basic Dreams mattress, and had assumed that I would be ok with the same standard of mattress, however issues with cheaper mattresses led me to look into more expensive ones. I am hoping at some point in this process the retailer will offer another exchange, maybe the fact that the mattress is still in it's packaging can contribute to that. 

Thank you also for offering to help with a draft. I would personally like to see if the retailer can offer any compromise first, however unlikely it looks at the moment. So I would be hesitant to ask for you to take any time up on doing this at the moment, but thank you for the offer. The information itself is very useful as I know I do have options.

Due to this being a long process already, I have been tempted to persist with the mattress, however if the pain becomes too great, it then would affect my health, as I have found in the past, and I would be left with an approx. £500 spend and nothing to sleep on.

I will reply to them regarding their latest question, and see what the next reply is.

sheramber said:

Have you been using it while still in the packaging?

I have yes, albeit only on one side and mainly on top of a duvet to try and negate the effect. I'm hesitant for the same effect to happen on the other side if I need a pain-free sleep haha.