Bensons for beds - faulty mattress

[ajmc]

Hi there,

 

I'm seeking some input on a problem I'm experiencing with Bensons for beds and I'm hoping somebody out there can possibly shed some light on the issue

 

Right, here goes: (will try keep it brief)

 

On 11 June 2010, I saw a mattress on Benson's website and I called the local branch to place the order. The mattress arrived a couple of days later and everything was just dandy.

 

I specifically chose this mattress as I have a dodgy back, and the description on the website stipulates that it's a non-turn mattress - bonus!

 

When the delivery men brought the mattress into my room, they removed the packaging and took it with them. They then handed me the paperwork (invoice stapled to the terms and conditions). That was it.

 

Eight months down the line I now have a dip in the middle of the bed and I am unable to sleep on the mattress due to excruciating back pain. I called the local branch and they suggested I report it to the head office, which I did. I took a photograph and emailed it.

 

To cut a very long story short, they have come back and said they will not replace the mattress as the dip was caused due to my negligence. Apparently (according to Bensons) a care instruction leaflet is inserted in the packaging of each mattress - this tells you how to care for it, and it apparently also instructs you to turn the mattress every two weeks.

 

Well, I never received such a leaflet. When I mentioned this to customer service woman I was told that every mattress has one and that there must have been one - was she accusing me of lying?

 

She then went on to say that when I placed the order, the salesperson must've mentioned that I need to turn the non-turn mattress to keep the guarantee. Well, surprise surprise ... he didn't. Once again she told me that he probably did - so is she insinuating that I'm lying again?

 

Honestly and truly, had I known that I needed to turn a 'non-turn' mattress, I would've. It's in my own interest - not so?

 

Anyway, the problem now is I'm stuck with a mattress that I can't use - it's making my dodgy back even worse.

 

I contacted the Office Of Fair Trading and they told me to write a letter stating that the bed has not lasted a reasonable time, it is no longer of satisfactory quality, and it is no longer fit for its purpose (Sale of goods act 1979).

 

To be honest, how is writing a letter stating all this jargon going to help? Bensons know the situation - they know there's nothing I can do about it. They have already said it was due to my negligence of not turning the non-turn mattress. I must point out though, that nowhere on the website description does it state that the non-turn mattress should be turned every two weeks. It doesn't even state that on the invoice ... so how is it possible that this dip is caused by my negligence?

 

Can somebody please help me. I will not let this one slide ... I see there are many customers who fall victim to exactly the same thing, and it's just not fair.

 

Thanks for listening. I look forward to any replies/help.

[rebel11]

Hi aj

 

Lets see what there rsponse is to your letter, you might have to take them to small claims court.

 

Heres some info on SOGA:- http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/

[ajmc]

Hi,

 

Thanks for the reply.

 

That link you attached is very useful. I printed off a whack of information from it and will use some of it in my letter.

 

Due to extreme back pain, I have had no choice but to order another mattress from somewhere else. So, it's cost me more!

 

Arg ...

[Tim Deegan]

What is the make and model of the mattress?

[ajmc]

It's s Sealy Posturepedic Ultra Luxe Backcare Orthopaedic non-turn mattress - paid over £400 for it

[Tim Deegan]

If it is a non turn mattress then it won't last anywhere near as a two sided mattress, so it wasn't a bonus at all.

 

Even with non turn mattresses you still have to rotate them lengthways, but you can't turn them over.

 

The mattress contains a continuous spring system which has a terrible reliability record. Most manufacturers used to use it, but stopped because it is so unreliable and noisey.

 

Bensons customer service are well kown for being difficult. Try involving Trading Standards which might get them moving.

[Surfer01]

So if you have a disability and are unable to turn over the mattress or rotate it, you are on a loser? There is no way I could do either so how do you get around it? I am asking as soon we will be needing a new mattress.

[Tim Deegan]

So if you have a disability and are unable to turn over the mattress or rotate it, you are on a loser? There is no way I could do either so how do you get around it? I am asking as soon we will be needing a new mattress.

 

Well no mattress will last as long if you don't turn it. However most people disabled or otherwise will have visitors (or a carer) occasionally who could help them turn the mattress.

 

My advice would be to NEVER buy a non turn mattress in the first place.

[GRAHAMOL]

I have a pending court case being set up against Benson Beds and there arrogant customer serviice regime. In short we bought a Sealy Mattress a year ago, it has bulged at the sides , they asked for a photo , this was sent and within seconds a standard reply was sent that they could do nothing as we had not rotated the mattress and that I must sped a lot of time sitting on the bed playing with a X box or same, DUH!! . We have evidence that we have rotated the matress, and whats an x box ? . We got the Furniture ombudsman to view the product who agreed that it is indeed faulty, he also pointed out the base supplied by Bensons Beds of Shrewsbury was too small, and two other faults, they or Sealy refuse to visit so with a TV programme we will be going to court and on TV, however this is a warning to all , do not go near Bensons We have been put in touch with a former Benson for Beds employee who has agreed to blow the whistle on this company, he will describe why you will never get a product replaced by Benson beds, you will be astonished like we all were.

[ajmc]

It's been a while since my complaint. Here's an update:

 

To cut a very long story short - there is nothing I can do.

 

I can take them to court, but to be totally honest - I couldn't be assed. It's easier and less stressful for me to buy another bed. So, this is what I did and so far, so good.

 

As for Benson's ... well, what comes around, goes around.

 

Good luck with your court case though.

[Tim Deegan]

You will find that most of the big bed retailers are the same. My advice is to stay well away from big retailers and big manufacturers if you want good quality at a low price. Instead buy on line from a seller who gives a proper satisfaction guarantee, and stick with smaller independent manufacturers, who still take pride in their work, rather than employing loads of production line workers who don't care less.

 

To GRAHAMOL: Did you know that Sealy are part of the dreaded Silentnight group?

[GRAHAMOL]

Hi Tim I now know that Sealy are part of the Silentnight group, if I knew that would never have bought the £1000 bed set, you are right in what you document, the small independants are the ones to buy off, the likes are Benson promise the earth but fail to deliver, from what I have told a local hotel Seally will now be loosing a contract to replace the beds there. The interesting part about my case is that I took a close up of the mattress for the photo they wanted and from that as per their ex salesman they work out the size of the room and make an assumption if the room is small you can not erverse and roate the mattress, when it goes to court they will see how big the room is, I could not belive they would not send anyone around from the store a mile away to view the matress them selves.

[Tim Deegan]

Did you also know that the SN group very nearly went bust? Which is hardly suprising with the way their products have changed for the worse over recent years. They have now been bought out, but by a company who may split the group up.

[GRAHAMOL]

Thanks TimWill pass that info onto producers cheers

[Tinka-van-Ame]

Hi All,

I too have been duped by Bensons.

I bought a Sleep to Live mattress for £700. It was such a big decision as I really do not have that kind of money,

but as the wise say, spend money on a good mattress, and I thought I was.

They have a diagnostic bed so they can recommend you a mattress that "Promises proper postural support". This puts you into a firmness category. The amazing diagnostic machine takes 18 different measurements of your body. Millions of £s has been spent on the new technology etc etc. Now I suspect all its doing is weighing you. It somehow missed I have a large bottom

I was told by the machine i needed the softest.

I have a print out that shows the one I was recommended. So strong is the recommendation that you get a 40 night sleep guarantee if you buy the one recommended.

"Whats that?" I asked the sales lady.

"If you really cant get on with it, then let us know anytime in the first 40 nights and we will change it, no quibble, for a different one."

The Tan model I tried felt lovely, like floating on a cloud. I queried if it would be firm enough to support me. I was told yes, that it would feel very different to anything I had slept on because most people are using mattresses that dont suit them...blah blah blah.

I felt safe, with the guarantee etc to spend my money on this. I did also say I was very anti foam and checked there was no memory foam in it. I was told there wasnt. But not told it was actually 65% foam.

When it arrived I couldnt wait to get to bed that night as my old mattress had really had its day.

I got on it, yes it was like a cloud, a very soft one. After a few minutes I felt by bottom sinking into it more than it should. By the time I woke up a couple of hours later, I was stuck in a hole that I had to roll out off.

After tossing and turning all night, I went straight back to the shop the next morning.

The friendly sales staff had suffered a personality transformation. Got were the smiles, instead a steel wall went up.

There was nothing they could do, I would have to ring customer services Monday morning. I persisted and was told I couldnt know after one night it wasnt suitable. I explained I was tired and ached and there was no getting used to that. My body was totally out of line on the mattress.

They tried saying it was just my body adjusting. I pointed out that I am a quallified massage therapist with a level 3 dip in anatomy so more qualified than them to say if my spine is out of line.

I was told nothing could be done until I had had it for 40 nights.

Customer services were even more unhelpful. They kept going on about the warrantee, wouldn't acknowledge my legal right as a consumer.

I wrote to them on the advice of the consumer advise line, rejecting the goods as unfit for purpose made known at time of sale and that I am not going to use the mattress.

They sent out a independent inspector that admitted it was the softest mattress he had ever seen other that one type of all foam one meant for an adjustable bed which therefore needs to bend.

His inspection consisted of measuring the width and length, taking some photos and lying on it for 15 secs each side.

Hmm a jedi Matress inspector. No other equipment to measure the firmness, or not.

He said he would not be able to say it was faulty.

Each time I have rung customer services i met with downright rudeness. They must employ especially hormonal women with a grudge against the rest of humanity.

No human kindness there at all. The only one with a shred of warmth is a young guy. He still spouts the party line but when I asked him if he felt it was right that I am sleeping on my lounge floor on my old mattress while their unfit mattress is laying on my new bedstead upstairs, he said the only person in the whole world able to refund me is the area manager of the store.

So i rang the store. the only person that can authorize a meeting with God, I mean the area manager, is the manage,r and he told me flat out that there was no way he would refer this to him as I was over the top and it was "Just a comfort issue."

I told him it was a support issue and it was not fit for the purpose.

He said as far as support there were no parameters for that. As for fit for purpose, "Of course its fit for purpose. Its a mattress. You can lie on it!"

What a genius that man must think he is. Back to customer services, I was told i didnt have to choose that one, i should have chosen a different one. What about the millions in research etc?

They still say they will do nothing for for 40 nights. They wont even discuss options until the 30th night. This is just so they can claim against the manufacturer. they dont give two hoots about me or any of their customers i doubt.

So Customer services wont let me speak to a manager despite my requests for one to contact me. The store manager wont let me speak to the area manager.

I have now written two letters to head office, both have been ignored.

Trading Standards are going to write to them but as Bensons are well aware, they have no power here as it is a civila matter not a criminal one.

I am trying to get a refund via my credit card, but as its Barclaycard and they have a track record for wiggling out of this kind of thing, I dont hold out much hope.

So Its small claims court, but what do I do with this pile of cheap foam in the meantime? they say I have it store it flat and I have nowhere other than my bed to to that. I have a dog so I darent put it in the lounge in place of where i am sleeping.

What a nightmare this all is. I now suspect they sell cheap substandard goods for huge profits, knowing a high percentage of their customers are going to complain at some point so spend all their staff resources on baboozling the complaining customer knowing most will give up at some point. its worth them swallowing the odd claim in the courts.

Bensons and Dreams have such a monopoly these days that they dont care that no one will repeat buy from them.

 

Any other ideas from anybody would be welcome. Sorry for the long post/rant

[Surfer01]

I am so glad we did not buy from them and it was close!

[ajmc]

Dear Tinka,

 

I totally hear what you are saying, and I am shocked to say the least at how you have been treated - disgusting!

 

There should really be a law passed on bed/mattress sales as I know this type of thing happens to so many people. I'm told that it's like this for 'health and safety' reasons. If every person returned a faulty mattress there simply wouldn't be any mattresses left to sell.

 

Unfortunately there is not much we consumers can do besides going to court. I simply don't have the energy to fight with Benson's ... so I bought a new mattress from an independent supplier and I've had no problems at all.

 

However, the issue still remains. We the consumers are left out-of-pocket and the suppliers/manufacturers in-profit. It just doesn't seem right does it?

 

Who know's what the manufacturers do with their beds that makes them 'unfit for use'. As you say maybe they use sub-standard materials as a substitute for what they're really supposed to use. Who would know otherwise, right?

 

Good luck with your battle and please do keep us updated.

 

[Tinka-van-Ame]

Thank you you are so right that there should be tougher legislation that protects the consumer so we don't need to go to court.

I have a print out that promises they will supply a bed that gives postural support and a report from a Back therapist to show this mattress does not support my spine adequately, so if I do go to court I have no doubt I will win but as you say, can I expend the energy to do so?

If I had taken my best guess at a mattress then I would be totally stuck now.

I spoke to a guy that used to work for a leading bed manufacturer. He said places like Dreams and Bensons do deals with manufactures to make similar models to their usual but using cheaper materials. That's why you won't see the models they sell anywhere else. It also means they don't have to do any price matching.

The above is obviously second hand info and not proven,but it would explain why there are so many complaints via these company's for what we recognise as respectable

manufacturers. Also would exlain why Dream have started to make "their own mattresses" that are very much like Rest Assured. I can only guess that maybe the these company's are realising their reputations are taking a nose dive and not putting their name to them.

It really is time these practiced were exposed.

[Tim Deegan]

Hi All,

I too have been duped by Bensons.

I bought a Sleep to Live mattress for £700. It was such a big decision as I really do not have that kind of money,

but as the wise say, spend money on a good mattress, and I thought I was.

They have a diagnostic bed so they can recommend you a mattress that "Promises proper postural support". This puts you into a firmness category. The amazing diagnostic machine takes 18 different measurements of your body. Millions of £s has been spent on the new technology etc etc. Now I suspect all its doing is weighing you. It somehow missed I have a large bottom

I was told by the machine i needed the softest.

I have a print out that shows the one I was recommended. So strong is the recommendation that you get a 40 night sleep guarantee if you buy the one recommended.

 

Unfortunately, like many other people, you have fallen for the biggest gimmick in the bed industry. I was told by someone who used to work for Bensons that the machine just weighs you in 6 different places. Then it just takes into account your sleeping position, and hey presto, it comes up with your perfect mattress (or not as the case often is).

 

One thing that a machine can't tell you is your own preference. If I were to use the machine it would tell me that I need a medium mattress, yet I prefer a medium to firm.

 

If someone is very light they would need a soft mattress, or if they were very heavy they would suit a firmer mattress. But apart from that, it is simply down to what you prefer, and often what you are used to.

 

 

"Whats that?" I asked the sales lady.

"If you really cant get on with it, then let us know anytime in the first 40 nights and we will change it, no quibble, for a different one."

The Tan model I tried felt lovely, like floating on a cloud. I queried if it would be firm enough to support me. I was told yes, that it would feel very different to anything I had slept on because most people are using mattresses that dont suit them...blah blah blah.

I felt safe, with the guarantee etc to spend my money on this. I did also say I was very anti foam and checked there was no memory foam in it. I was told there wasnt. But not told it was actually 65% foam.

 

They don't like to reveal what is actually inside their mattresses. They say that this is because they are such a good design that the competition would copy them. Well it wouldn't be difficult for the competition to buy one and take it apart. So it seems that the reason they don't want to tell us is because they aren't that good quality at all.

 

As you say they contain 65% foam. And most of this is reflex foam (the stuff that makes you hot and sweaty). Most of this foam surrounds the reflex foam encapsulated pocket springs. This type of spring system are the cheap alternative to full size steel pocket springs. They are usually smaller, and sometimes aren't even made of steel (I've seen plastic, and even foam ones), They are less supportive, and far hotter due to the foam, than full size steel springs.

 

Another problem that often develops with these mattresses (and any others that have two different tension spring systems), is that they can develop a ridge in the middle where the edging on the two spring units meet.

 

 

When it arrived I couldnt wait to get to bed that night as my old mattress had really had its day.

I got on it, yes it was like a cloud, a very soft one. After a few minutes I felt by bottom sinking into it more than it should. By the time I woke up a couple of hours later, I was stuck in a hole that I had to roll out off.

After tossing and turning all night, I went straight back to the shop the next morning.

The friendly sales staff had suffered a personality transformation. Got were the smiles, instead a steel wall went up.

There was nothing they could do, I would have to ring customer services Monday morning. I persisted and was told I couldnt know after one night it wasnt suitable. I explained I was tired and ached and there was no getting used to that. My body was totally out of line on the mattress.

They tried saying it was just my body adjusting. I pointed out that I am a quallified massage therapist with a level 3 dip in anatomy so more qualified than them to say if my spine is out of line.

 

It is actually very common for people to get back ache for a few weeks when changing mattress, whilst their body adjusts to it. And it sounds like Bensons are treating it as one of these cases. However this is clearly not the case here.

 

 

I was told nothing could be done until I had had it for 40 nights.

Customer services were even more unhelpful. They kept going on about the warrantee, wouldn't acknowledge my legal right as a consumer.

I wrote to them on the advice of the consumer advise line, rejecting the goods as unfit for purpose made known at time of sale and that I am not going to use the mattress.

They sent out a independent inspector that admitted it was the softest mattress he had ever seen other that one type of all foam one meant for an adjustable bed which therefore needs to bend.

His inspection consisted of measuring the width and length, taking some photos and lying on it for 15 secs each side.

Hmm a jedi Matress inspector. No other equipment to measure the firmness, or not.

He said he would not be able to say it was faulty.

 

The inspector wouldn't find a fault, because it is unlikely to be faulty. It is just unsuitable for you, which makes it unfit for purpose. So you were missold the mattress, as you have a peice of paper that says that they recommend the model you have.

 

 

Each time I have rung customer services i met with downright rudeness. They must employ especially hormonal women with a grudge against the rest of humanity.

No human kindness there at all. The only one with a shred of warmth is a young guy. He still spouts the party line but when I asked him if he felt it was right that I am sleeping on my lounge floor on my old mattress while their unfit mattress is laying on my new bedstead upstairs, he said the only person in the whole world able to refund me is the area manager of the store.

So i rang the store. the only person that can authorize a meeting with God, I mean the area manager, is the manage,r and he told me flat out that there was no way he would refer this to him as I was over the top and it was "Just a comfort issue."

I told him it was a support issue and it was not fit for the purpose.

He said as far as support there were no parameters for that. As for fit for purpose, "Of course its fit for purpose. Its a mattress. You can lie on it!"

What a genius that man must think he is. Back to customer services, I was told i didnt have to choose that one, i should have chosen a different one. What about the millions in research etc?

They still say they will do nothing for for 40 nights. They wont even discuss options until the 30th night. This is just so they can claim against the manufacturer. they dont give two hoots about me or any of their customers i doubt.

So Customer services wont let me speak to a manager despite my requests for one to contact me. The store manager wont let me speak to the area manager.

I have now written two letters to head office, both have been ignored.

Trading Standards are going to write to them but as Bensons are well aware, they have no power here as it is a civila matter not a criminal one.

 

I'm sure Trading Standards do have powers to act, as you were obviously missold the mattress.

 

I am trying to get a refund via my credit card, but as its Barclaycard and they have a track record for wiggling out of this kind of thing, I dont hold out much hope.

So Its small claims court, but what do I do with this pile of cheap foam in the meantime? they say I have it store it flat and I have nowhere other than my bed to to that. I have a dog so I darent put it in the lounge in place of where i am sleeping.

What a nightmare this all is. I now suspect they sell cheap substandard goods for huge profits, knowing a high percentage of their customers are going to complain at some point so spend all their staff resources on baboozling the complaining customer knowing most will give up at some point. its worth them swallowing the odd claim in the courts.

Bensons and Dreams have such a monopoly these days that they dont care that no one will repeat buy from them.

 

Any other ideas from anybody would be welcome. Sorry for the long post/rant

 

Bensons have actually got a reputation for poor after sales service, and making it very difficult to return or cancel anything. I actually know of someone who's wife ordered a bed from Bensons at the same time he was ordering one on line. Within a couple of hours they tried to cancel the Bensons one, but were told that it was impossible to cancel it (even though they were going to have to wait six weeks for delivery).

[Tim Deegan]

Dear Tinka,

 

I totally hear what you are saying, and I am shocked to say the least at how you have been treated - disgusting!

 

There should really be a law passed on bed/mattress sales as I know this type of thing happens to so many people. I'm told that it's like this for 'health and safety' reasons. If every person returned a faulty mattress there simply wouldn't be any mattresses left to sell.

 

There are actually sellers who give a proper satisfaction guarantee, that allows you to unpack and sleep on the mattress, and then exchange/return it if you don't like it. Most of these are smaller on line companies.

 

It is usually the big high street stores that cause problems.

 

Unfortunately there is not much we consumers can do besides going to court. I simply don't have the energy to fight with Benson's ... so I bought a new mattress from an independent supplier and I've had no problems at all.

 

However, the issue still remains. We the consumers are left out-of-pocket and the suppliers/manufacturers in-profit. It just doesn't seem right does it?

 

Who know's what the manufacturers do with their beds that makes them 'unfit for use'. As you say maybe they use sub-standard materials as a substitute for what they're really supposed to use. Who would know otherwise, right?

 

Good luck with your battle and please do keep us updated.

 

 

I doubt that Tinka's mattress was faulty, she was just sold the wrong one by their gimmicky machine.

 

You are right though about many of the big brands lowering their quality in order to cut production costs. This is why I recommend smaller independent manufacturers, who still take pride in their work.

[Tim Deegan]

I spoke to a guy that used to work for a leading bed manufacturer. He said places like Dreams and Bensons do deals with manufactures to make similar models to their usual but using cheaper materials. That's why you won't see the models they sell anywhere else. It also means they don't have to do any price matching.

The above is obviously second hand info and not proven,but it would explain why there are so many complaints via these company's for what we recognise as respectable

manufacturers. Also would exlain why Dream have started to make "their own mattresses" that are very much like Rest Assured. I can only guess that maybe the these company's are realising their reputations are taking a nose dive and not putting their name to them.

It really is time these practiced were exposed.

 

Yes it is true, they do have models renamed, and made to slightly different specs (usually lower specs), to avoid price matching.

 

It is quite common for big retailers to have their own brand that are actually made for them to a lower and cheaper spec. This happens in all industries, just like you can get Heinz baked beans or Tescos own.