Hi all.

Wondering if you can give me some advice.

I bought a double divan from Bensons Beds August 06 - a slumberland memory foam topped mattress and base for £700 on credit which was paid off early.

First problem which was sorted after many letters and phone calls was that the mattress my side of the bed started to compress - it was already a hefty mattress but it looked like someone had tried to

fold it in half. Eventually a new matress was delivered.

Now, one of the castor mountings on the divan base has buckled and so the divan bas in the middle has dropped as the castor has now folded back in on itself.

I have spoke to bensons who have said that as the bed is no longer made or available to them anymore they cannot exchange like for like but will supply a divan base from another bed however, there will not be a colour match.

My point is this - I buy from a retailer which is meant to stock a reputable brand - slumberland - and spend £700. I know, not a fortune but a lot to my family. It has been looked after, and no damage has been from jumping from the wardrobe etc (I can assure you of that!) and yet this is the second problem reported with the bed in two years of ownership.

I would think under the SOGA this shows a deficient product and should be replaced with an item of my choice to an equivalent value not the mix-and-match a new base policy that they wish to adopt.

I wrote to them after a phone call to them revealed that they will only supply a new non matching base and I received a telephone call from them on Tuesday to reply to my letter but to say that they will not budge on the matter.

I feel that I am being reasonable - what does anyone else think?

Thanks for your time anyway -

Regards,

Rob

Hi Rob

If they can't get the same base would compensation help, consider buying a valance sheet, that might cover the base and problem solved.

Thanks for your reply.

However, I do not like valance sheets so there will always be some of the base showing.

I feel the principle is that I have spent £700 just two years ago - the mattress has been replaced and now the base needs to be changed and to me that seems a very easy solution for bensons beds - the issue with me is the quality of the bed in the first place and that it potentially should be covered under the SOGA.

I feel that I should not have to 'make do' with their solution when I purchased the bed in good faith as a divan set - a matching base and mattress.

This solution seems to be a quick fix for them rather than addressing the initial quality issue that I have raised.

Thanks for your feedback anyway.

Ok Rob,

I'll clearer I think is highly unlikely that they will be able to find a base with looks like the original, however you are aware of that fact.

I think your model/bed could have been manufactured some time before you purchased it, manufacturers often change design quite often, as I discovered when I wanted to purchase an item to match an existing item.

They have offered a replacement of the same quality, I believe they will argue the fact that your rights under SAGA has been honoured, I can't see them agreeing that it "should be replaced with an item (bed) of your choice".

I am aware that partial refund is also an option, its not really suitable as you need a bed, IMHO they won't move.

Have you considered seeking advice from trading standards, in some areas TS departments are excellent, in others quite useless, Failing that raising an action through the county court route.

Regards

Andy

Thanks Andrew.

I have just spoke to Leicester Trading Standards who have said to me that whilst they are fulfilling their side legally by offering a replacement they feel that my request is reasonable and the lady I poke to said they would feel the same in my situation.

They have advised that the next instance would be small claims but it would be up to the court to decide who was being reasonable or not however the TS lady said that given the two faults and the age of the bed (it has a five years manufacturers warrenty) it shoulkd come down in my favour.