Bed retailers and manufactuer refused claim

eskbanker

Independent bed technician report incorrect.

Have written to the bed retailers who sent out an "independent" bed technican who provided an incorrect report.

Im also on the hunt for our own technician to get a report done.

Yes, if the technician was sent out by the retailer then they don't sound particularly independent, so arranging your own would indeed seem a sensible next step, after which (assuming they support your case, in writing) you can take it up with retailer and/or manufacturer with more credible backup, with credit card provider as a further option if necessary.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82176332#Comment_82176332

The warranty claim would be made against whoever provided the warranty, normally it would be the manufacturer but could be retailer, importer, manufacturer, insurance company or other.

A statutory rights claim would be made against the retailer alone. Switching between retailer and manufacturer etc makes it confusing as to what has actually happened and what the current state is.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82176468#Comment_82176468

How is a report commissioned by the OP any more independent than the one from the shop's independent technician?

Ultimately someone is going to be paying the person and so arguable there is no such thing as a truly independent technician. When doing a part VII transfer had to deal with several accusations that the "independent expert" wasnt independent as we were paying them. Ours was stronger argument as they were an actuary whos code of conduct states they must be independent, they had been vetted by the PRA and FCA and agreed by the High Court but you can still see where peoples concerns come from especially to the one who worked out we had use the same person before on another transfer but then there is also a limited number of people with the experience to do the job.

Certainly getting an alternative report is a route forward but you end up with the judge seeing two "independent" reports and having to decide which one he believes. Hopefully the OP chooses a good expert who knows how to write a convincing report with decent photos

Alderbank

How is a report commissioned by the OP any more independent than the one from the shop's independent technician?

Fair question. If the judge sees them both as of equal merit, in a consumer case he will accept the consumer's report.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82177116#Comment_82177116

Yes, point taken about the principle of independence, which is indeed more nuanced than binary, but OP, having initially referred to them as independent, later added quotation marks around the term as if to question the independence of the one 'sent out' by the retailer, although perhaps the issue was more one of (in)competence if they measured the wrong parts of the mattress.

The point was really that, having apparently reached a dead end with the retailer and manufacturer, the ball is in OP's court to strengthen their case by gathering evidence countering that which has currently been obtained, both for escalating with those parties (and/or to small claims) but also to open up the potential to invoke section 75.

Alternatively, I don't know if the relevant companies have signed up with this:

https://www.fhio.org/