The mattress thread - continued

[Simpo Two]

Regular readers may recall I had something of a battle with a certain corporation over a faulty £400 mattress.

Brief update - eventually they accepted that the mattress was faulty and offered me another of the same kind. I declined, as in my opinion it would be no better, and asked for a refund. They refused with this explanation: 'I have not agreed to your request for a refund because we are confident that we can supply you with a comfortable product of satisfactory quality from within our range – and would prefer to keep your business than loose it.'

So I had no option but to go to their store again and after much discussion with the salesman, chose a different mattress of the same value which he said would not settle. I thought that would be it.

Without going into too much detail, the second mattress is not good either. Two days after delivery it was showing settlement. I contacted the company again asking them to collect it and refund me, so that I was free to buy somewhere else. They replied politely 'persevere with the mattress because I’m confident that you’ll begin to find it more comfortable in time'. So I have to wait 28 days and they think I'll get used to it.

One week later and the mattress is now down by over an inch in the middle, and I'm waking up in the small hours feeling uncomfortable and trying to fill the hollow with a folded towel. I'm 6' and about 11.5 stone so hardly a fatso.

I don't want to wait another three weeks, and even if I do, I am not sure what stunt they will pull next to avoid a refund. Therefore I am on the verge of saying 'fk it' and buying a new mattress online from Argos or Tesco, both of whom say they will collect the goods and refund me if I don't like it within 30 days. The current mattress can go on eBay and I'll just have to take the loss.

My question is this. How will the original company see this move? Will they think they've got off the hook, so they're less likely to refund me, or will they see it as proof that I'm REALLY not happy with the second mattress? Is the legal position affected by my not playing by their rules and buying a mattress from a third party?

On Friday I asked them what they would do if I didn't like the new mattress after 28 days. So far they haven't replied.

To date they have been essentially stubborn, with a thin covering of sympathy. When it comes to issuing refunds they have a 'they shall not pass' policy, putting money ahead of customers.

[JustinP1]

Memory foam.

£400 will get you a king size. I have not had a bad night's sleep in the year we have had ours, and no sign of sinking or anything.

We've discussed your legal situation before, but I think regardless of the first issue, this second purchase is regarded as a totally new one.

Therefore, should this mattress be failing already in a short period of time, the law would suggest you can have a full refund.

Of course, leaving it a month is then pushing what is 'reasonable' in law, and thus you have a warranty issue as oppose to a simple rejection of goods. But I guess they know that, and this is why they are keen for you to 'sleep on it'.

Awful I know.

[Simpo Two]

Ah, just the man!

JustinP1 said:

We've discussed your legal situation before, but I think regardless of the first issue, this second purchase is regarded as a totally new one.

Therefore, should this mattress be failing already in a short period of time, the law would suggest you can have a full refund.

Actually I see those statements as contradictory - a 'new purchase' would start the legal history from scratch again, whereas if the second mattress is linked to the first, the story becomes longer... or am I missing something?

JustinP1 said:

Of course, leaving it a month is then pushing what is 'reasonable' in law, and thus you have a warranty issue as oppose to a simple rejection of goods. But I guess they know that, and this is why they are keen for you to 'sleep on it'.

Sneaky bds, I'm sure that's what they're up to. But they call it a 'Comfort Guarantee'. From: www.sleepmasters.co.uk/customer-service/resolve-qu... :

Guarantee said:

3. You'd like to exchange your bed using the Comfort Guarantee

• Please note that the Comfort Guarantee is only available to customers who purchase their bed in one of our stores. It is not available if you bought and paid for your bed online.**

* To take up this option, you must have slept on the bed for at least 28 nights and no more than 6 weeks. You must have used a mattress protector and you must have a full bed (not just a mattress).
* We'll check all these details when you first call, and make sure you are aware of the charges that will apply to you when you carry out the exchange.
* Then we'll ask a member of our sales team to inspect your bed to make sure it isn't faulty. When they report back to us we'll give you a call to confirm the details.
* We'll also send you a letter to confirm the value of bed that you can choose and the authorisation number for the exchange.
* All you will need to do is take the letter to the store and show it to the salesperson while you choose your new bed.
* We'll collect your old bed when the new one is delivered.

On the first point I fail because I bought just the mattress, not the base.

Do you think it's time to stop playing their game and send a recorded letter to the CSM (or MD) formally rejecting the goods?

ETA: Having already chosen the 'most suitable' from their range I see no point in retracing those steps.

Edited by Simpo Two on Tuesday 23 February 13:53

[JustinP1]

The way I take it - or it certainly could be argued, which is good enough, they agreed to refund you the cost of the first mattress as long as you purchase another.

Proof of this is the fact that you needed to pay more or you would receive a refund should you chose a cheaper one. That is a separate purchase.

'Comfort Guarantee" = smokescreen

Simply a way of diverting a customer away from invoking their statutory rights. Of course they cannot override these.

I would simply contact the store it came from and say you are not happy, and you want to reject the goods and you want a refund. Do that verbally, and if they refuse, use a powerful tactic - putting the ball in their court. That is, should they not believe that they need to comply with the Sale of Goods Act, ask them if they don't want to give a refund, to let you know exact why in writing.

That sows the doubt and the onus of action on their side. They won't want to tie the noose around their necks by saying something illegal in writing, and the refund would be the easy option.

[Simpo Two]

JustinP1 said:

The way I take it - or it certainly could be argued, which is good enough, they agreed to refund you the cost of the first mattress as long as you purchase another.

Proof of this is the fact that you needed to pay more or you would receive a refund should you chose a cheaper one. That is a separate purchase.

'Comfort Guarantee" = smokescreen

Simply a way of diverting a customer away from invoking their statutory rights. Of course they cannot override these.

I would simply contact the store it came from and say you are not happy, and you want to reject the goods and you want a refund. Do that verbally, and if they refuse, use a powerful tactic - putting the ball in their court. That is, should they not believe that they need to comply with the Sale of Goods Act, ask them if they don't want to give a refund, to let you know exact why in writing.

That sows the doubt and the onus of action on their side. They won't want to tie the noose around their necks by saying something illegal in writing, and the refund would be the easy option.

Thanks Justin. In fact the stores don't handle complaints at all - they're referred straight to Head Office. And a phone call can easily be denied...

I think I need to hammer home the 'Rejecting Goods' aspect, and do so soon. Rather than get into a battle of words and a 'you said/I said' battle which they will simply bluff out, my instinct is to keep it simple. The CSM has the authority to issue refunds but is clearly under orders to avoid at all costs.

I can also take a photo of the mattress with a ruler to quantify the dip, but may keep it back for later use if required.

If you don't mind I'll PM you with what I have in mind and hope you'll be able to comment on it.

As ever, many thanks

[Simpo Two]

Any reason not to buy a mattress from somewhere else in the meantime?

I wonder what the original supplier is planning next - they seem to be taking down a well-used chute. Will they force me to have another replacement or give up and refund?