Bought a dreams bed refusing to fix it

[vonny1159]

Hi, I am new user,

 

 

I need some help with dreams who are refusing to repair my bed.

 

 

I purchased a Titanium tv bed from dreams

i have complain to the shop that the mattress doesn't fitted the bed

and my pillows keep falling down the back of the bed

i was told this so i can change the bedding.

 

 

However,

last month the slats broken at the end of the bed and side rail broken

contacted dreams

they sent out an independent assessor who couldn't even lift the mattress up off the bed

my husband had to help him

 

 

took a couple of pictures and send a letter a week later saying it the fault of customer

he said it was heavy downward impact or pressure to cause this damage

and said customer said they only lying on the bed but i i also sit on the end of the bed.

 

 

The mattress to the bed very heavy i cannot pick it and have difficulty puting bedding on the bed.

The slats on the bed are thin and not strong enough for the mattress

and the mattress move to the bottom of the bed as there a big gap at the to of the bed.

 

 

The bed is just one year old with 10 years warranty

and i paid# 3,317.00 on a loan can you help me as i cannot sleep on my side of the bed.

[BankFodder]

Regardless of the 10 year warranty, you are covered under the Consumer Rights Act which requires that the goods be of satisfactory quality.

 

Have you got all your own photographs taken? I think that you need to make sure that you have a full set. Maybe you would like to show us a few pictures as well using the photo bucket service so that we understand a bit more about the problem.

 

Could you please also post a link to the website of the bed suppliers.

 

Is this bed a standard bed? Or is it made-to-measure? Have you got a written report from the person who came along to inspect it? If it is an independent assessor then you should have one. Who paid for the independent assessor?

 

Have you got any idea what the solution is? Can the bed be repaired or does it need to be replaced? If it can be repaired, can it be repaired in situ or has it got to be taken away? I'm afraid that there are quite a number of questions to deal with here because it may all get a bit complicated – especially if the bed has to be taken away because you may then have nowhere to sleep.

 

If push comes to shove, then you may have to begin a small claim in the County Court. On the basis of what you say, your chances of success are better than 95%. However, until you answer the questions above, it will be difficult to understand exactly what you need to claim for.

 

Also, you may need to get another independent assessor to confirm the damage and also to dispute the suppliers version that the bed is of satisfactory quality but has been subject to abuse – which is basically what they are saying.

[vonny1159]

The bed can be repaired by replacing the side panel and slat as the bed arrived in piece as fitted up by dreams technician so does need to be taken away to be repaired

what is your bucket service and the bed suppliers website is that different from this consumer group

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/content.php?115-How-to-open-a-PhotoBucket-account-and-use-it-to-post-pictures-on-the-Consumer-Action-Group

[BankFodder]

I've had a look at the manufacturer of Dream and I see that they are offering 12 month warranties. How come you have a 10 year warranty? Did you buy an extended warranty?

[vonny1159]

10 year guarantee paid addittional item cost £ 25.00

[BankFodder]

The documents need to be put up in PDF form – not JPEG. Otherwise the unreadable.

 

Here is the link to the dream site http://www.dreams.co.uk/titanium-bed-frame-oatmeal-1 please confirm that this is the correct one as you didn't put it up yourself.

 

Here is a link to Dreams terms and conditions http://www.dreams.co.uk/terms-and-conditions

 

I see that clause 3 of their terms and conditions refers to goods and talks about the 12 month guarantee and they say that they only guarantee satisfactory quality, fitness for purpose – and even manufacturers or design defects for 12 months.

 

Of course, there is no rule saying that a contract should also refer to statutory rights and there is no rule so far as I know which says that the contract must make it clear guarantees are subject to the overriding priority of statutory rights, but it still seems to me to be unfair not to say that. Most contracts rift companies will make it clear that everything is subject to statutory rights. The terms and conditions from Dream do not say this and so one would be forgiven for thinking you have a 12 month protection and then that's it, you're on your own. In particular, in respect of manufacturers defects or design defects, it would not be possible to impose any kind of limitation.

 

A 10 year extended warranty is interesting because one would imagine that after six or seven years use, one might not have the benefit of statutory protection any more so from that point of view they might be three years of value and £25 is to be a very good price for that.

 

However, I'm struck by the fact that they talk about only having a 12 month guarantee and then the very next contractual clause refers to an extended warranty – without much detail. I suppose I'm uncharitable when I asked myself whether it isn't a bit of a plug for their extended warranty scheme – although for £25, but I imagine they're going to make much out of it.

 

I think that you will have to get an independent valuation – yes another one – which inspects the frame of the bed very carefully and see whether there were any inherent weaknesses and it for instance, there might have been a knot or pre-existing split or something like that. I can't make out from the material that your post above whether or not you have included the report from the independent assessor.

 

Also, you haven't answered the questions that I have put you about the independent assessor – do you have a copy of the report – who paid that person?. It would be very helpful if you could make sure that you answer the questions we pose and also it would be helpful if you could post up documents in a way that they can be read. I know that you are new to the forum but it is very difficult doing things at a distance and so it is nice if all the information comes in one go and we don't have to try and tease it out of you

[vonny1159]

the bed titanium bed frame charcoal

 

dreams sent out their own independent assessor part of the report i sent with the other images but im having difficult sending as a bucket list but i will try again i try to send as an attachment it but i cant get that setting again but have another go

[BankFodder]

dreams sent out their own independent assessor ...

 

I'm afraid that this is an oxymoron to say the least.

 

We'd like to see the full report but I think that to make headway on this you are going to have to organise your own independent assessor. I'm not sure that you need a bed specialist. A competent woodworker/carpenter who is able to look at the engineering of the bed and the quality of the wood will probably be good enough.

 

Can you tell us something about yourself. Are you a light person or a heavy person?

[vonny1159]

consumers.pdf Edited July 1, 2016 by vonny1159