Bensons Mattress

[maryam]

My wife suffers from back pain so we bought a mattress from Bensons and it was delivered in July 08. the mattress and bed cost us £600. We used it for two weeks and complained that it makes the back worse while the shop assistant had said that it was a memory and string mattress and will be good for back and to get the most of it we should buy it with the bed. We stopped using it and used my son's bed. After 2-3 months someone came from the manufacturer company and said there was nothing wrong with the mattress. We then had to start using the mattress because my son was back and after two months one side of the mattress where I slept started to sink because I am heavier than my wife. Benson says they have sent someone and the mattress is fine by them so they won't be able to help. Do I have any right?

I have talked to consumer agency who told me to contact furniture ombustment who can come and check the bed but they charge me 260 pounds. I have given the bed to my younger son to use and we have bought a cheap but relatively comfortable mattress.

I appreciate your response.

[gyzmo]

You could ask them on what basis they say the bed is fine - any tests they have carried out etc. There is also the issue of it meeting specifications - for example, will return to shape for people who weigh less than x kilos (sorry if that sounds daft - I don't know anything about these things - just surmising).

 

Even if there is "nothing wrong" with the bed, there is the description attached to it and what it has been purported to do. You also have the advantage in that they knew of your wife's bad back and sold you the bed with that in mind.

 

If Bensons have carried out some proper test, then it will be for you to counterclaim. If however they have just come out, pressed it down and said it is fine, then they have not fulfilled their burden (in 1st 6 months, for seller to prove it is OK - that is not the same as saying it is ok).

 

If you do have to pay out for a test and it reveals that there are problems, then you can also claim back the cost of the test. I have to say £260 sounds damned steep to me!