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  • FIRST POST
    • Ivy82
    • By Ivy82 10th Jul 18, 2:28 PM
    • 15Posts
    • 3Thanks
    Ivy82
    Mattress Dispute
    • #1
    • 10th Jul 18, 2:28 PM
    Mattress Dispute 10th Jul 18 at 2:28 PM
    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 didnít 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 donít see them ruling against these retailers unless the mattress is split into 2.

    Itís been 2 months we are sleeping on our guest bed as we donít 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 havenít 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.
Page 1
    • marliepanda
    • By marliepanda 10th Jul 18, 2:39 PM
    • 6,090 Posts
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    marliepanda
    • #2
    • 10th Jul 18, 2:39 PM
    • #2
    • 10th Jul 18, 2:39 PM
    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
    • By pinkshoes 10th Jul 18, 2:44 PM
    • 15,839 Posts
    • 21,761 Thanks
    pinkshoes
    • #3
    • 10th Jul 18, 2:44 PM
    • #3
    • 10th Jul 18, 2:44 PM
    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
    • By Oakdene 10th Jul 18, 2:46 PM
    • 2,323 Posts
    • 8,445 Thanks
    Oakdene
    • #4
    • 10th Jul 18, 2:46 PM
    • #4
    • 10th Jul 18, 2:46 PM
    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!
    Originally posted by pinkshoes

    Indeed, also means no surprise dive bombings from kids in the morning!!
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydioín ddolen,
    Dau enaid ond un taith.


    • unholyangel
    • By unholyangel 10th Jul 18, 3:11 PM
    • 12,513 Posts
    • 9,804 Thanks
    unholyangel
    • #5
    • 10th Jul 18, 3:11 PM
    • #5
    • 10th Jul 18, 3:11 PM

    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.
    Originally posted by Ivy82
    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.
    Money doesn't solve poverty.....it creates it.
    • Ivy82
    • By Ivy82 10th Jul 18, 3:17 PM
    • 15 Posts
    • 3 Thanks
    Ivy82
    • #6
    • 10th Jul 18, 3:17 PM
    • #6
    • 10th Jul 18, 3:17 PM
    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
    • By Ivy82 10th Jul 18, 3:18 PM
    • 15 Posts
    • 3 Thanks
    Ivy82
    • #7
    • 10th Jul 18, 3:18 PM
    • #7
    • 10th Jul 18, 3:18 PM
    Apologies it is not unused but no sign of usage is what I meant
    • glentoran99
    • By glentoran99 10th Jul 18, 3:23 PM
    • 5,417 Posts
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    glentoran99
    • #8
    • 10th Jul 18, 3:23 PM
    • #8
    • 10th Jul 18, 3:23 PM
    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
    • By Ivy82 10th Jul 18, 3:25 PM
    • 15 Posts
    • 3 Thanks
    Ivy82
    • #9
    • 10th Jul 18, 3:25 PM
    • #9
    • 10th Jul 18, 3:25 PM
    Unfortunately no, but I see no one had noticed that this same mattress that is hardly used is also sagging
    Last edited by Ivy82; 10-07-2018 at 3:27 PM.
    • marliepanda
    • By marliepanda 10th Jul 18, 3:30 PM
    • 6,090 Posts
    • 12,947 Thanks
    marliepanda
    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
    • By Ivy82 10th Jul 18, 3:35 PM
    • 15 Posts
    • 3 Thanks
    Ivy82
    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...
    Originally posted by marliepanda
    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!
    • powerful_Rogue
    • By powerful_Rogue 10th Jul 18, 3:39 PM
    • 3,449 Posts
    • 5,027 Thanks
    powerful_Rogue
    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...
    Originally posted by marliepanda

    Eaxctly whats I was thinking. Throw enough excuses and see which one sticks.
    • marliepanda
    • By marliepanda 10th Jul 18, 3:41 PM
    • 6,090 Posts
    • 12,947 Thanks
    marliepanda
    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!
    Originally posted by Ivy82
    The retailer is not required to lose out financially because it is higher than you expected.

    You made a poor choice in mattress. The only person who is at fault is you, and therefore you have to face the loss. Sell it. It looks unused...
    • Ivy82
    • By Ivy82 10th Jul 18, 3:54 PM
    • 15 Posts
    • 3 Thanks
    Ivy82
    Will I not stand any ground if I go to Trading Standards or to my credit card company?
    • Carrot007
    • By Carrot007 10th Jul 18, 3:55 PM
    • 1,370 Posts
    • 1,144 Thanks
    Carrot007
    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.
    Originally posted by Ivy82

    This makes no sense.


    If I get backache I need to sleep on a hard surface. usually the floor.
    • Ivy82
    • By Ivy82 10th Jul 18, 3:56 PM
    • 15 Posts
    • 3 Thanks
    Ivy82
    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...
    Originally posted by marliepanda
    This makes no sense.


    If I get backache I need to sleep on a hard surface. usually the floor.
    Originally posted by Carrot007
    I was advised by the bed company to try for few nights, now we dont sleep on it and get no backache
    • powerful_Rogue
    • By powerful_Rogue 10th Jul 18, 3:56 PM
    • 3,449 Posts
    • 5,027 Thanks
    powerful_Rogue
    Will I not stand any ground if I go to Trading Standards or to my credit card company?
    Originally posted by Ivy82

    Trading standards dont deal with the public, you will need to speak to CAB.


    You can speak to your credit card, however they might still ask for some proof just as the ADR did.
    • marliepanda
    • By marliepanda 10th Jul 18, 3:57 PM
    • 6,090 Posts
    • 12,947 Thanks
    marliepanda
    Will I not stand any ground if I go to Trading Standards or to my credit card company?
    Originally posted by Ivy82
    CC company - no, you may initially get joy but the company can easily defend this.

    What are you going to say to trading standards?

    The FO has clearly stated your next course of action, you need to get a report stating that this sagging is a fault.

    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.
    • Ivy82
    • By Ivy82 10th Jul 18, 3:58 PM
    • 15 Posts
    • 3 Thanks
    Ivy82
    Trading standards dont deal with the public, you will need to speak to CAB.


    You can speak to your credit card, however they might still ask for some proof just as the ADR did.
    Originally posted by powerful_Rogue
    I should have stayput when I rang them on day 6, awaited so long and got no luck!!!!
    Last edited by Ivy82; 10-07-2018 at 4:04 PM.
    • Ivy82
    • By Ivy82 10th Jul 18, 4:06 PM
    • 15 Posts
    • 3 Thanks
    Ivy82
    CC company - no, you may initially get joy but the company can easily defend this.

    What are you going to say to trading standards?

    The FO has clearly stated your next course of action, you need to get a report stating that this sagging is a fault.
    Originally posted by marliepanda
    I will get in touch with the retailer to get this accessed as I'm sure they would have someone, ofcourse ready to pay for inspection provided its reasonable.
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