Consumer rights advice needed for dispute with supplier?

Question

Hi, I had a brand new Ottoman storage bed delivered in Dec 2013, 3 weeks later I realised that the reason I kept waking was that the so called "luxurious topping, for superior comfort and support", on the mattress had almost completely compressed to the point that the tufts (the button bits) were digging into my body, causing pain.

I complained to the seller, who said it was a comfort issue and if I wanted to give them 10% of the cost to cover admin + pay another delivery fee, (over £100), I could go in a choose another bed.
The problem with that is, I live in a Park Home with a tiny bedroom and specifically chose the bed for its size and storage facility, so I don't want another bed, I want the one I paid for, but with a decent mattress!

I refuted their finding and asked for an inspection.  That has come back and said the the mattress meets UK standards and Tufts are a nature of the product.

I called consumer advise and they suggested I sent a letter stating it was not fit for purpose, .  Received the response today and they are reinterating no fault found, and offering the exchange.

Consumer advise also suggested I try for charge back on my card, which I tried today but my bank won't do it for debit card payments.

Because the bed lifts, I can't turn the mattress over and have already rotated it so its the same on that side now. I've had to stick a spare duvet under the sheet, so I can get a decent nights sleep.

Does anyone know where I can go from here?

Thanks

Anonymous · Answer

Your problem with this is going to be proving that the bed was not fit for purpose - if the mattress meets the set standards you will find that your complaint is rejected on the grounds that it is either the way you have used the bed that has caused the problems, or that you are complaining about something which is normal with that type of mattress and it is your fault for ordering the wrong type of mattress for your requirements.

My immediate thought on reading this was to wonder how much you weigh - because mattresses do not do that in normal usage.

Anonymous · Answer

You have a case under the Sale of Goods Act. This gives you rights additional to the manufacturer's guarantee.

In your case the cushions appeared to collapse very soon after you bought the furniture. This would be considered as "not fit for purpose" so comes under the scope of the Act. 

Normally seat cushions should last for up to 10 years of normal use so you have a claim under the "not of merchantable quality" section.

One of the main benefits conferred by the Act is that the trader must not charge you for any administration costs or carriage expenses related to your return of the goods if you are rejecting them as being unfit. This means that it is illegal for them to charge you anything at all if the item is faulty. 

They may only charge you if you are returning the item because it is not faulty but you have changed your mind about keeping it.

Read the information on the "Which?" web site (link below). This tells you what your rights are, and your responsibilities; and what you must do to file a complaint.
http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

You are absolutely right in that you cannot claim any money back from your bank for payment made by debit card. This is why it is always a good idea to use a credit card for all purchases over £100: if the company defaults on their service or goods you can claim money back from the credit card issuer.

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Consumer rights advice needed for dispute with supplier?

2 Answers