Mattress Dispute

Hi all.

Another mattress Issue

December 2017, I placed an order to purchase ottoman bed and Mattress from Dreams. After looking around a lot of different mattresses in store, me and partner picked one costing £650 for double bed (including extra care ). Bed and Mattress together was over £900, so we opted to pay as repayment over few years.

As agreed bed and mattress was delivered on March 5, 2018 and as soon as we assembled bed and mattress we realised the mattress thickness was too high than what he had seen in store, with young children this could be a hazard. When called customer service on day 6, I was advised no refunds given, only comfort exchange is available no earlier than 30 nights.

We tried using the mattress cautiously not allowing our toddler around, but we started to develop backache. we expected the mattress to be softer given the thickness, but it gets harder after a while increasing the pressure points, causing discomfort.

Dreams agreed to exchange but we didn’t find any suitable mattress in store, we left with no choice but to fight for refund. Sought advice from Citizens Advice Consumer Line who advised based on the consumer right 2015 (short term right to reject), I should be rejecting the mattress for not of satisfactory quality and request for full refund including the care.

Dreams denied refunding and under ADR scheme directed to furniture ombudsman who ruled in favour of them.

The furniture Ombudsman review is stated below

(Whilst I note your comments that you are seeking a full refund under your short-term right to reject, the burden would fall on yourselves to provide evidence to support your claim. This would need to be a report by an independent expert that concludes there is a manufacturing fault or that the mattress is deem unsatisfactory quality or not fit for purpose.

Whilst I understand your comments regarding the issues on what was said or advised at the time of the sale, unfortunately verbal testimony is not something we are able to consider at The Furniture Ombudsman because it relies on conversations for which there are no record. As we were not party to these conversations we are unable to verify what was said.

I also note your comments regarding the suitability due to the height and backache. Unfortunately, any medical claim falls outside our remit. I am aware you expected the mattress to be softer, comfort is extremely subjective and therefore without independent objective evidence we would be unable to consider this.

I can confirm that you wish to gain your own report before engaging someone, you will bear the costs associated with the report regarding your claim.
For us to consider the report we would need the following;
1. Brief curriculum vitae setting out the experience and relevant qualifications of the technician;
2. Identifiable company name or workplace address;
3. Opinion with details of any technician specifications;
4. Photographs.

Please note even a defect was proven or if an independent expert concluded it was of unsatisfactory quality we could of course review this. However, I have no evidence to award in relation to your short-term right to reject at this stage. I understand that my comments may disappoint. However, as the consumer you are not bound by any decision made by The Furniture Ombudsman and therefore remain free to pursue your complaint through other channels if you so wish)

After reading reviews on furniture ombudsmen I don’t see them ruling against these retailers unless the mattress is split into 2.

It’s been 2 months we are sleeping on our guest bed as we don’t want to take risk in hurting our backs. Occasionally when tried sleeping and felt the mattress is slightly sagging on the right side, wondered how can it be hard and sag? Maybe we haven’t accessed the fault properly due to our main concern on the height of the mattress.

Mattress is unused condition, what is my stand is getting refund? Should I try resolving through other avenues Trading Standards, County Court etc.
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Is the mattress higher than the one in store, or does it just seem higher...

    The mattress is not unused, you have slept on it.

    Comfort is subjective.

    I suggest you try to find someone to sell it to. You won't get a legal remedy.
  • pinkshoes
    pinkshoes Posts: 20,039
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    Comfort is subjective. You have no right to a refund on this basis.

    If it was too high then this WOULD have been a reason to reject it. I use past tense as by using it you have accepted it.

    Why is it too high? I have a really high bed and it means no surprise kids clmbing in it without me realising!! Kids bounce when they fall out!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Oakdene
    Oakdene Posts: 2,560
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    pinkshoes wrote: »
    Comfort is subjective. You have no right to a refund on this basis.

    If it was too high then this WOULD have been a reason to reject it. I use past tense as by using it you have accepted it.

    Why is it too high? I have a really high bed and it means no surprise kids clmbing in it without me realising!! Kids bounce when they fall out!


    Indeed, also means no surprise dive bombings from kids in the morning!!
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • unholyangel
    unholyangel Posts: 16,863
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    Ivy82 wrote: »

    We tried using the mattress cautiously not allowing our toddler around, but we started to develop backache. we expected the mattress to be softer given the thickness, but it gets harder after a while increasing the pressure points, causing discomfort.


    Mattress is unused condition, what is my stand is getting refund? Should I try resolving through other avenues Trading Standards, County Court etc.

    Those 2 statements in bold seem to contradict one another.

    Unfortunately I don't see any legal basis for a return. As others have said, comfort is subjective and while it may make it unsuitable for your needs, it doesn't indicate that the goods fail to conform to contract.

    If the offer of another mattress is still open, I'd perhaps consider that and even if you won't use it yourself, resell it to try get some money back.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Ivy82
    Ivy82 Posts: 25
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    It wasn't too high in store when we tried, I dont have divan bed and it is low bed and this mattress is way too high then we know.

    As you can read, I did call them immediately on day 6 as thats when we assembled but all our request were denied. I didnt want to have it and waited for furniture ombudsman to come who was in favor of retailer!
  • Ivy82
    Ivy82 Posts: 25
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    Apologies it is not unused but no sign of usage is what I meant
  • glentoran99
    glentoran99 Posts: 5,821
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    Can you build the bed lower? I know with the last beds bought the base could be set at different heights depending on the matress
  • Ivy82
    Ivy82 Posts: 25
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    edited 10 July 2018 at 2:27PM
    Unfortunately no, but I see no one had noticed that this same mattress that is hardly used is also sagging
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Honestly the retailer will be thinking

    1. They wanted to return because it was too high

    2. Now they want to return it because its not comfortable

    3. after both those options failed, they want to return it because it is sagging...
  • Ivy82
    Ivy82 Posts: 25
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    Honestly the retailer will be thinking

    1. They wanted to return because it was too high
    2. Now they want to return it because its not comfortable
    3. after both those options failed, they want to return it because it is sagging...

    Exactly, but Im fighting right from the beginning, whats the point in having unhappy customer? I cant do anything as the case was with ombudsman, its mattress which I cant hide or store in a cupboard, its in my bedroom and I'm stuck!
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