What are my rights? RESULT!!!

The story is:

In 2002 we got married, in laws gave us £500 as a weddng pressie, which we promptly spend on a 6'x6' bed that we had fallen in love with at a local pine store.

After about six months we noticed two cracks appear, one at the head end and one at the foot of the bed on the large legs.

In March 2003 a guy came out and "filled" the cracks - it looked great and you wouldnt even know they were there.

Late 2003 and I noticed the cracks again, so in March 2004 the guy came back out and filled them, claiming that because we had installed cavity wall insulation it could have altered the temperature of the house and caused the cracks to re-open.

So, fast forward to October 2004, the cracks are opening again, all the "filler" looks bl**dy awful and the cracks seem to be getting longer.

So, phoned the store and the guy said "No problem, we will sort it out, dont worry".  The "filling" guy rang me on Tuesday with the news that the manufacturer has gone out of business, but he is coming to look at the cracks today.

Now, personally I want the damaged parts replaced, but if the manufacturer is no longer in existence what are the chances??

What rights do I have regarding some sort of monetary compenstaion, as far as I am concerned the bed is a "second" and certainly not worth the full £500??

Any help much appreciated - he is coming this arvo...   ???

I just pop in now and then.... :)
transcribing
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Comments

  • bridiej
    bridiej Posts: 5,775 Forumite
    1,000 Posts Combo Breaker
    Can anyone help as he will be here soon.... ???

    I just pop in now and then.... :)
    transcribing
  • trafalgar_2
    trafalgar_2 Posts: 22,309 Forumite
    10,000 Posts Combo Breaker
    ring trading standards right now.................number in phone book and find out where you stand ,it sounds like it has been no good right from the start and what the heck the heat of your house has to do with faulty goods I've no idea :-/

    ring them now though and tell them all .....they will advice you......good luck
  • bridiej
    bridiej Posts: 5,775 Forumite
    1,000 Posts Combo Breaker
    Good advice, dont know why I didnt think about it - picking up phone now....

    Thanks ;)

    I just pop in now and then.... :)
    transcribing
  • bridiej
    bridiej Posts: 5,775 Forumite
    1,000 Posts Combo Breaker
    Basically they said it comes down to Sale of Goods act and that items must be of "satisfactory quality".

    Although it is down to me to negotiate with the guy as to what can be done to rectify the situation.

    Otherwise will have to go to small claims court....

    I just pop in now and then.... :)
    transcribing
  • trafalgar_2
    trafalgar_2 Posts: 22,309 Forumite
    10,000 Posts Combo Breaker
    Basically they said it comes down to Sale of Goods act and that items must be of "satisfactory quality".

    Although it is down to me to negotiate with the guy as to what can be done to rectify the situation.

    Otherwise will have to go to small claims court....
    Tell the fella that or better still phone the head office tell them your not happy it has been unfit for purpose really since you got it .......there is no way it should of split and you either want compensating or you want it replaced,I know manufacturer has gone out of business but they can get a bed from somewhere else ................or you will take them to court ;D

    you have to give them a chance first though but you decide what you want them to do .................don't let them tell you


    hope that helps....................let us know how you get on ;)
  • bridiej
    bridiej Posts: 5,775 Forumite
    1,000 Posts Combo Breaker
    He came, told me the humidity must have changed in the room as the split is now shrinking, not expanding as it was last time... :-[

    I told him he can fix it one more time but if it does it again we need to sort something out.

    If it happens again will get hubby to phone them (as he's not too happy and says the humidity thing is a crock of s**t) and he can threaten them with court action.....

    It's just such a pain - it should be a lovely weddng present that will last a lifetime, not a thorn in our side...

    Thanks for your advice though, I appreciate it and will keep you updated! :)

    I just pop in now and then.... :)
    transcribing
  • trafalgar_2
    trafalgar_2 Posts: 22,309 Forumite
    10,000 Posts Combo Breaker
    Your hubby is dead right ,they shouldn't be selling a bed if it splits according to peoples heating or humidity :-/

    it is a crock and they are talking rubbish to make you feel it isn't their fault,or you are somehow partly responsible.

    get hubby to phone head office and tell them whats what as soon as you think the problem is still there or better still before that..................the longer you accept the bed as it is the harder it makes to show at small claims court you weren't happy with it :-/

    I know it's upsetting as it was a wedding present but you don't want to pay that much for something you will need to replace anyway if you just accept it.

    good luck anyway ;)
  • IvanOpinion
    IvanOpinion Posts: 22,535 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Bridiej
    The old humidity etc. seems a load of pig-swill to me as well. I would however not wait until the next time. I would start putting something in place now - even if it is just a letter to the company demanding that the entire bed is replaced if the repair does not hold this time.

    You do however have to feel proud as a newly wed that has managed to break the bed several times. Our first bed (wedding present) literally collapsed after about 6 months ... much as I would like to put on a superman pose, puff the chest out and say 'What a man', it appears that there was a knot in the wood of one of the cross members. The funny thing was that the day the company came to change it was a lovely day and DW answered the door wearing a tee-shirt that said 'handle with care' and a pair of shorts that said 'do not drop'. The delivery men started making a lot of jokes about newly weds. DW has never got over the embarassment.

    Ivan
    Past caring about first world problems.
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I agree that you should put in writing the history of the faults and repairs to the bed. State this is the final chance to correct the fault else you will sue them for the cost of replacing the faulty bits. To back this up I would contact another Pine manufacturer and ask them the cost of making new posts for your bed. This is the amount you will sue them for.

    Good luck
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • Can anyone help as he will be here soon.... ???

    Don't take it lying down and don't stand for it either.
    ...............................I have put my clock back....... Kcolc ym
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