Bensons for beds mattress

azz007 · 8 January 2020 at 12:17AM

Hi
I bought a mattress just over 2 years memory foam firm rating 4. King size with a divan set and is covered for 5 years warranty.

Now its in such a bad state me and my partner getting neck and back pains. We are sinking into the mattress and struggle to sleep properly

Called bensons and they asked us to get a private inspection thsy we have to pay for, and we £48.resd reviews and don't sound promising as they seem based to the trader.

I cant see anythign that says their policy wich states we have to pay for inspection. They told me after 6 months if a fault, burden of proof is on the consumer. Is this true?

I have had a quick look at the legislation and can't seem to find this detail. Any help appreciated

shaun_from_Africa · 8 January 2020 at 12:36AM

azz007 wrote: »

They told me after 6 months if a fault, burden of proof is on the consumer. Is this true?

That is true if you are claiming under your consumer rights as granted by the Consumer rights act which basically states that with faults up to 6 months from purchase, that fault is deemed to have been there at the time of purchase and if the dealer disagrees, they must prove otherwise.

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

So after 6 months, the onus for proving that the fault is due to faulty manufacture falls on the consumer.

As stated, this is for your statutory consumer rights.
As to having to prove a fault when claiming under the warranty, this all depends on the T&C's of that warranty.

What is the make of the mattress?
If it is an independent company and not owned by Bensons, then you may be able to contact the maker and see if you can claim on the warranty directly with them.

azz007 · 8 January 2020 at 9:58AM

shaun_from_Africa wrote: »

That is true if you are claiming under your consumer rights as granted by the Consumer rights act

i have the 5 year guarantee plan with Bensons so this is claiming under warranty

shaun_from_Africa wrote: »

As to having to prove a fault when claiming under the warranty, this all depends on the T&C's of that warranty..

this is the Bensona guarantee guidelines:
https://www.bensonsforbeds.co.uk/5-year-bed-guarantee/
and nothing to say the consumer will have to pay for a technician

shaun_from_Africa wrote: »

What is the make of the mattress?
If it is an independent company and not owned by Bensons, then you may be able to contact the maker and see if you can claim on the warranty directly with them.

its a Snooze memory foam mattress FIRM 4, not sure if this is one of their own brands?

azz007 · 8 January 2020 at 4:44PM

ive booked ispection with home serve £48.

reading some of the reviews sound horrendous. baisically like your not supposed to sit on the mattress , they label the report as customer 'misuse' which a claim gets denied.

sounds like the technicians are biased.

a mattress that cost shy of £500 should not give in after months. this is a firm 4/5 rating memory foam mattress and was great the first 12 months .

now when you lay, seems like you sink in, there is no comfort of support. the neck and back pains are too much. press down on the mattress just goes in

what grounds can i argue?

ChrisXX · 22 January 2020 at 7:32PM

Any further updates on this, I think I am in a very similar situation, I have not yet booked a technician but it appears that i will have to?

azz007 wrote: »

ive booked ispection with home serve £48.

reading some of the reviews sound horrendous. baisically like your not supposed to sit on the mattress , they label the report as customer 'misuse' which a claim gets denied.

sounds like the technicians are biased.

a mattress that cost shy of £500 should not give in after months. this is a firm 4/5 rating memory foam mattress and was great the first 12 months .

now when you lay, seems like you sink in, there is no comfort of support. the neck and back pains are too much. press down on the mattress just goes in

what grounds can i argue?

BarnettReview · 30 June 2020 at 10:00AM

Sadly - we have had a similar issue for the same reasons. We bought a £700 firm orthopaedic mattress from BFBs. We specifically asked for a non memory foam as we have back problems and were sold a firm latex topped mattress - which was a considered purchase as we've normally only paid around £300 ish. Fast forward to just before lockdown, the mattress is less than ONE year old and we have a severe ridge line and sagging (neither of us are obese and we have rotated the mattress too!). We also paid for an 'independent' report from Home Serve and we had to wait for almost 3 months due to Covid of course. The Inspector came out - he was very polite and sympathetic - you could see him putting guide lines across the bed and seeing the bed dip on both sides where it should be straight. He said that our bed slats on the frame were a little wide. That didn't matter as the dips weren't across the slats - they were up and down the bed! Report came back - no manufacturing fault - the sagging is within tolerances and theres no claim. We haven't even approached BFB as it feels totally hopeless and biased. The mattress should not be like that after less than a year - fact. We haven't mistreated it - fact. The report will stand and BFB will use that as an outcome - sadly, fact. Be very very very careful when using an 'independent' inspection company as they often are not and Im sure get kick backs from companies for the amount of unsuccessful claims.

Bensons for beds mattress

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