FabSwingers.com forum: Consumer rights advice please

By *ex-a-frolics OP Couple
over a year ago

Brizzle

Any legal Eagles able to tell us where we stand?

After 9 months of wear & tear (no it’s not been abused) our £600 memory foam mattress is sagging, there were some smaller issues early on, but these weren’t comfort related.

The company asked for photos to prove this which we’ve done & there not denying there’s an issue, but will only replace it.

Our argument is it isn’t fit for purpose & to sag after 9 months of their 10 year guarantee is unacceptable. We’ve asked for a full refund, as think we wound probably have the same issues with a replacement, but because it’s over 6 months they have refused. Our sleep quality has deteriorated & we’ve both developed pains in our back.

Can we threaten them with trading standards or do we not have a leg to stand on?

Many thanks.

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By *ink Panther.Woman
over a year ago

Preston

You have to give them the opportunity to rectify the problem; in this situation replace the mattress

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By (user no longer on site)
over a year ago

What does their 10 year guarantee say? If it says they’ll replace the mattress then they’re meeting that. Keep a record of everything this time, then if it happens again, you could take it further.

Your other option - look up who is the chief executive of the company. Send him/her a letter with photos etc. That often works in your favour.

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By (user no longer on site)
over a year ago

Check the Martin Lewis site he has some good information and advice on there. But as someone said they are meeting their legal obligations, anything else is goodwill, so keep all communication polite. X

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By *risky_MareWoman
over a year ago

...Up on the Downs

"Any legal Eagles able to tell us where we stand?

After 9 months of wear & tear (no it’s not been abused) our £600 memory foam mattress is sagging, there were some smaller issues early on, but these weren’t comfort related.

The company asked for photos to prove this which we’ve done & there not denying there’s an issue, but will only replace it.

Can we threaten them with trading standards or do we not have a leg to stand on?

Many thanks. "

I've played this game ad infinitum - my lumbar back required something that will NOT sag after six months, and nearly all mattresses do - the question is only by how much. Have a look at the small print - most of them will allow an inch of 'settling' without deeming their product faulty, a few are half an inch.

I have actually had someone come out and measure according to a chart by putting a tight string across the bed and seeing how much lower the lowest point is - I suggest you do that to see what kind of a problem you have.

I managed to get two mattresses replaced/refunded due to excess sagging, and in the end went with latex as this lasts much longer. Check out the Latexsense website.

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By (user no longer on site)
over a year ago

"What does their 10 year guarantee say? If it says they’ll replace the mattress then they’re meeting that. Keep a record of everything this time, then if it happens again, you could take it further.

Your other option - look up who is the chief executive of the company. Send him/her a letter with photos etc. That often works in your favour. "

Good point about the guarantee wording. They're often vague.

Hope you get it sorted OP. A replacement is worth a try.

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By *hill44Man
over a year ago

hinckley

If you paid by credit card get in touch with your card company they will sort it out

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By (user no longer on site)
over a year ago

Do you have legal expenses cover on your home insurance? They should pick this up for you

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By *lirtingentMan
over a year ago

Stroud

"You have to give them the opportunity to rectify the problem; in this situation replace the mattress

This

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By *ex-a-frolics OP Couple
over a year ago

Brizzle

Yes in fairness they’ve taken this very seriously & im pretty sure they’ll replace it, our issues are if it happens again what will they do.

On the positive side though, the price has gone up since we bought ours, so we could always sell the replacement & maybe make a few quid.

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