Dreams Bed is anything but@Dreams_Beds *****Resolved*****

[mrbrooks]

Hi all, a couple of friends of mine have an issue with a bed bought from Dreams...here's the story so far...

 

My friends, one of them, she has mobility issues, and the old bed was not suitable, it was pretty old and gave no support, so they got a crisis loan to help buy a new bed...

 

Off they go to Dreams to choose a new bed...they look around, find a bed they like...they tell the salesgirl they are interested in this particular bed, and she goes through sales routine, fills out all the forms, signs them all up, and they pay the money, £850.00...this was on the 22/02/2011

 

So the bed arrives, the delivery guys also set the bed up as one side has some fancy electronics to raise up one side, this is to help with the mobility issues and getting in and out of bed, back support etc etc...The guys leave with the new bed all set up and ready for a good night’s sleep...

 

So a few days later, my friend, he gets on his side of the bed which is the regular/standard side (ie not electronic or containing any additional support) and the bed base 'drops', the slats that hold/support the mattress have come out of their housing points...so he fits them back in...goes off to sleep...half hour later, ping, it happens again, 2-3 of these slat support things have come loose again...now they say this happens whenever he turns over in the bed or moves to much...effectively ruining his sleep...

 

So he calls dreams, who inform him that the manufacturer needs to resolve the issue with the slat/support things coming loose, so they give him the number, they call the manufacturer, who tells them that the bed is designed only to take 18st maximum and that the salesperson should have said this at the time and therefore it is nothing to do with them and that they should take it up with Dreams...

 

So he calls Dreams, repeating what the manufacturer has said, and they told him that there are signs all over shop saying these beds (it would seem this is a general statement not specific to any one bed, but to the majority of the beds on sale in the showroom) have maximum weight limit of 18st...and therefore it is their own mistake and Dreams have no responsibility to resolve the matter as they have technically got nothing to answer for...

 

Now, they both say that the signs regarding a weight limit were few and far between (they went back the next day to check) but that they didn't see any of the signs themselves on the day of purchase. Also they made it clear that the bed was for them, they chatted to the salesgirl regarding this, and she knew fully why they needed this bed and how they had even obtained the cash to purchase it...They both claim that the sales girl, not once mentioned this limit and not once offered them an alternative option, even though she could clearly see they are both fairly large (but only he is actually over 18st).

 

So now they are left with one half of the bed that effectively useless for him to sleep on...which obviously causes them some issues...it turns out that the manufacturer does indeed offer a reinforced, stronger base with a higher weight limit, but Dreams say they will have to pay for it and they may have to pay for it to be fitted properly...

 

So, my question is this, are there any CAG people who have got any thoughts on this matter, do you think there is ANY redress to this situation?

 

I just hope we can help them get them this fixed as they are rather unhappy that they are now stuck with a bed which doesn't work for them and a loan for said bed...They just want a bed they can both sleep on comfortably...they have spent almost a year now 'putting up' with this and are wishing they had never bothered to waste their cash...

 

mrbrooks

Edited February 18, 2012 by mrbrooks

[dx100uk]

undoubtedly a soga issue

 

dx

[mrbrooks]

Thanks DX, but, what do I do...apologies if this sound a bit lame, but i have no idea where to start or what to say or what part of SOGA to start quoting etc...Also, does it make any difference the original sale was almost 12 months ago?

 

any guidance would be most appreciated...

 

mrbrooks

[dx100uk]

sorry i was on a diff machine

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomers

 

dx

[dx100uk]

not fit for purpose

 

dx

[silverfox1961]

Hi

contact Dreams again and remind them that THEY are the seller and as such, it is won to them to sort it, NOT have you do the running around.

If they continue the stance, send a letter before action and if they fail to respond, take them to court.

If you are going to ring them, record them. You don't have to tell them you are doing so

[rebel11]

Hi Mrbrooks

 

Have a read of 12 and 13 in my signature. I'd send them a letter, Recorded.

 

 

 

Thanks DX, but, what do I do...apologies if this sound a bit lame, but i have no idea where to start or what to say or what part of SOGA to start quoting etc...Also, does it make any difference the original sale was almost 12 months ago?

 

any guidance would be most appreciated...

 

mrbrooks

[mrbrooks]

Hi rebel, silverfox and dx and other posters, thanks for the replies,

 

have read 12/13 of rebels signature and I kind of get it,

but am not too sure what I should be pointing out?

 

My buddy did complain in person at the shop about 6 months ago but they basically said get lost,

there are signs telling you these beds are not suitable for those people over 18st so therefore its your own fauilt.

..so wont they just say,

the bed is fit for the purpose it was sold and it upto to you to tell us if you need one for heavy people...etc...???

 

So again, sorry to be a bit slow on the uptake here,

but what do we actually complain about?

which bit of SOGA are we saying they have breached???

 

I am learning and reading everything everyone points me to but am still a rookie im afraid so need some hand holding

 

thanks

 

mrbrooks

[dx100uk]

if HE was in the shop and was there when the bed was purchased

then its unfit for purpose

 

the salesman should not have sold it as it would have been obv? he was too heavy for the bed being purchased?

 

dx

[mrbrooks]

Hi dx, that is my argument exactly, he clearly is too heavy for the beds but the sales girl never once actually mentioned it, nor drew their attention to the signs they state are littered throughout the shop, and when they did complain after it kind of broke, they just referred to the signs...saying the signs are everywhere, stating that the beds do not support >18st ...

 

I did find this too...

 

14 Implied terms about quality or fitness.

 

(2)Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description which it is in the course of the seller’s business to supply (whether he is the manufacturer or not), there is an implied condition that the goods will be reasonably fit for such purpose, except that in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose.

 

Does this mean she let them down? ie, the sales girl knew the bed was for them, they had told her so, she could see they were heavy people and yet she didnt use her skill and judgement or courage in this case to say hey guys, maybe you need a stronger bed???OR am i misreading this???

 

Thanks again for the guidance...

 

mrbrooks

Edited February 21, 2012 by mrbrooks

[Guest DreamsPete]

Hi there, I am sorry for the issues you are having. Do you have an order number so that we are able to look into the matter for your friends?

[mrbrooks]

Any thought on the above clause regarding this case?

 

thanks

 

mrbroos

[Tim Deegan]

I would say that it is without a doubt a case of 'unfit for purpose', and signs in the store are no deffence. As you have said, the sales girl knew that the bed was for the couple, and it would have been obvious that the customer was close to if not over the weight limit.

 

Unfortunately it is more and more common these days that sales staff in many of the big chain stores are either poorly trained, or they don't care as long as they get a sale.

 

I would also get Trading Standards involved. And an e-mail to BBC Watchdog wouldn't do any harm either.

 

Edited February 27, 2012 by silverfox1961
removed unauthorised link

[mrbrooks]

UPDATE...

 

After talking with the store, they basically said it is their (my friends) own fault for buying a bed that is not suitable (due to the signs all over the shop, according to Dreams staff), and as far as they are concerned the matter has got nothing to do with them and they are not going to make any move to replace or repair the bed in question...Dreams Head Office told them (my friends) to call the manufacturer, who obviously said its got nothing to do with us...Also they (Dreams) mumbled something about the 1year warranty being out of date, ie the bed is now 14 months old...But as far as i know this is not a warranty issue is it???

 

So we have now sent a letter outlining the issues with the bed and the resulting problems (ie losing sleep, affecting concentration due to lack of proper sleep, mood being affected due to lack of sleep etc etc...) and outlining that we believe they are in breach of SOGA and possibly other OFT/TS guidelines and rules and have requested they either replace the bed with one that is suitable or repair/upgrade the current bed to make it suitable, and that we expect an answer within 14 days etc... Sent recorded Delivery...

 

So the next questions are, what happens now if

 

1. They do not actually respond at all? Or not within the 14 days we have asked for a response?

2. They do respond but still believe they are not at fault and have no responsibility to resolve the matter?

 

What do we do in these situations? What is our next step? I just want to be prepared...

 

All help and guidance is most appreciated and welcome...

 

mrbrooks

[mrbrooks]

Hi All, update to this situation, we sent out this letter...1st-reply-letter.pdf...

 

Now Im of the opinion this is a little bit of BS, my main feeling regarding this comes down to this, if they truly believed they were completely blameless and that these signs offered them any real defence if it came to a court session, they would simply have said, were are sorry for your position and your bed, but we feel you should simply sod off and live with it'...not attempt to flannel my buddy and his missus with the 'As a gesture of goodwill we will pay half the upgrade costs'...The bed they mention was not this price when they bought their own bed, the upgrade bed is 2.5 times the cost of the bed they bought and double what it was in the sale when they bought their own bed...So in effect they are not actually doing anything to help, just attempting to screw more cash out of them for something they should have picked up on right at the start...

 

I may of course be slightly biased...

 

Any advice on the next step is most welcome...

 

mrbee

Letter To Dreams 1.pdf

Edited April 19, 2012 by MARTIN3030

[mrbrooks]

bump...anyone???

 

thanks

 

mrbrooks

[MARTIN3030]

I think your conclusion is probably right.

Since they have given a full and final response,the way is open for you to take up the matter with your local Trading Standards/The FOS or a small claims action.

Since you did not appear to mention small claims in your letter,if this is an avenue you wish to go down,then in keeping with pre action protocols you would need to inform them of this by way of a 7 day letter before action.

[mrbrooks]

Hi Martin, thanks so much for the reply, I am pleased to hear someone else echoing my own thoughts...

 

Regards the TS, I figure I should report them anyway, regards the small claims action, I believe my friends will probably need to go this route, they cannot afford to purchase another bed @£800 + and in fact are only just paying off their crisis loan for the bed in the first place...

 

My questions are these, can we report to TS and issue small claims at the same time, or is it a one or the other scenario??? Also can you give any guidance as to what exactly we are claiming they have done or not done??? ie.which clauses from the OFT guidelines we are claiming they have broken, I have just been guessing really, looking over the guidelines and picking out ones that seemed to be applicable, such as the ones we mentioned in the letter regarding 'signage' and 'relied upon the skill and judgement' of the salesperson...

 

Regards, FOS, is this a matter for them? If so how so???(not being rude there, just showing my ignorance of such matters) and on what grounds do we report to them FOS???

 

Also if you or any other CAGGER can throw in any other useful guidance, thoughts or comments then please throw them in, im very happy to hear from anyone with something to add that may be of use to us...

 

mrbrooks

[MARTIN3030]

I think the comments in a post above are good cause of action.

 

I would say that it is without a doubt a case of 'unfit for purpose', and signs in the store are no deffence. As you have said, the sales girl knew that the bed was for the couple, and it would have been obvious that the customer was close to if not over the weight limit.

 

Unfortunately it is more and more common these days that sales staff in many of the big chain stores are either poorly trained, or they don't care as long as they get a sale.

[MARTIN3030]

can we report to TS and issue small claims at the same time, or is it a one or the other scenario???

 

Yes reporting them to Trading Standards does not affect any rights or entitlement to a small claim.

 

Also can you give any guidance as to what exactly we are claiming they have done or not done??? ie.which clauses from the OFT guidelines we are claiming they have broken,

 

As has been pointed out Sale of Goods act in that the goods were unfit for the purpose.

 

on what grounds do we report to them FOS

 

The FOS investigate complaints of this nature quite routinely.

 

If your friend is on benefits,it is probable that they will be entitled to fee remission so issuing a small claims action is not going to cost them anything.

 

 

 

[MARTIN3030]

Dreams Plc - not replacing faulty bed

 

Dreams Beds‎

Problems with Dreams PLC 'Magnificent 7' Pocket sprung mattress‎

 

 

 

 

 

http://forums.moneysavingexpert.com/showthread.php?t=3673247

 

http://forums.moneysavingexpert.com/showthread.php?t=2962212

Edited April 18, 2012 by MARTIN3030

[MARTIN3030]

http://www.notsupermum.com/2012/04/dreams-beds-when-buying-bed-becomes.html

[MARTIN3030]

Their CC licence details;

 

http://www2.crw.gov.uk/pr/default.aspx

[rebel11]

Hi mrbrooks

 

How was the bed paid for?

 

Also contact Consumer Direct, get a complaints reference number from them, in the LBA letter you can write :- Consumer Direct/Trading Standards Ref :- xxxxxxxxxxx

[mrbrooks]

Hi Martin thanks again for the info, most useful, I am rather pleased to see this too...

 

If your friend is on benefits,it is probable that they will be entitled to fee remission so issuing a small claims action is not going to cost them anything.

 

Because they are on benefits and the thought of having to pay for this without assistance is bothering them somewhat...

 

So I beleive the plan now is:

 

1. Send them a letter of refusal of their 'ungenerous' offer along with another letter, a letter before action...

2. Report them to the TS...make a complaint to Consumer Direct...

3 Report them to FOS...

 

Thanks again for your input, it is much appreciated...

 

mrbrooks