Faulty Mattress

[marie1234]

Hi Thanks in advance for any help,
My husband and I bought a Slumberland bed 10 months ago. The bed mattress has collapsed across the middle and both edges,hence the sides of the mattress are bulging out. My self and my husband are not heavy weights and this was an expensive bed. We have complained to the company we bought the bed from. They in turn have contacted Slumberland and Slumberland have said we are not covered as (wait for this one) We have sat on the edge of the bed ???!!!.At no time have I ever been told not to sit on the bed edge. As far as I`m aware hydraulic lifts are not provided to get normal human beings in and out of bed.I am furious and annoyed as I dont know where to go with this one.

[Buenchico]

(Posted in 2 parts, 'cos it probably exceeds AB's length limit):

Forget Slumberland. Your statutory rights are with the retailer, not the manufacturer. It wouldn't have made any difference if the mattress had spilt into a dozen pieces on the first time that you'd used it. Slumberland would have no legal obligation to do anything about it. It's the retailer's duty to put things right. (The retailer can then, of course, pursue the manufacturer for compensation, but that's got nothing to do with you).

The law expects that most items you purchase should continue to function well for a minimum of 6 YEARS. (The are obviously some 'short life' exceptions, such as batteries and car windscreen wipers). The RETAILER is responsible for remedying any fault which occurs within that period, as long as the problem is due to an INHERENT FAULT. (i.e. something which was actually wrong with the item at the time of purchase, such as the use of poor quality materials or poor workmanship). After the first 6 months, in order to enforce his/her rights, it's up to the puchaser to show that the most likely cause of the problem is an inherent fault.

[Buenchico]

You've effectively told the retailer that you believe that the mattress was poorly manufactured (i.e. it had an inherent fault when you purchased it). The retailer is saying (through Slumberland) that the problem is related to mis-use of the mattress. You need to argue your case forcefully. Try a formal letter to the retailer, demanding a repair (which seems to be impractical) or replacement (which seems to be a more sensible option). Mention that, if you don't receive an adequate response, you'll not only refer the matter to trading standards but also seek the involvement of both local and national media.

If you still get nowhere you could make a written demand for compensation (because the reailer has failed to meet his statutory duty to remedy the problem), threatening legal action. Then, if necessary, using Money Claim Online to seek redress:
https://www.moneyclaim.gov.uk/csmco2/index.jsp

Chris

PS: Don't bother trying to pursue Slumberland under their (so-called) guarantee. A guarantee does not form part of your statutory rights and Slumberland only state that they'll remedy faults 'at their discretion'. (Which effectively makes the 'guarantee' meaningless anyway.