Dreams Plc - not replacing faulty bed

[Dave777]

Hi there.

 

In mid July I bought a few items from Dreams Plc in Braintree, one of which was a bed. The bed was delivered on time in mid-July, however, one of the support members was missing so i was unable to assemble the bed correctly and had to wait a further two weeks for the missing part to be delivered.

 

Early this month, my wife sat on the side of the bed (that was assembled correctly in accordance to the drawing supplied) and the side of the timber panel snapped. It was a metal framed base bolted into a timber surround frame. Two of the bolts also failed pulling through the timber member causing the fault.

 

The fault was reported immediately to the store and was told to come in and see the manager on the weekend. Arrived to see the manager early Sunday morning only to be told it was his day off. I was told by staff that I had to report faults through Customer Services. I spent two days trying to contact them but to no avail.

 

I wrote a letter stating that I would be contacting Trading Standards as I was without a bed and no reasonable way of raising my grievance.

 

After a telephone call from the manager apologising for my dilemma, I managed to get through to CS the following Monday. To my dismay, I was told that I would not be getting a refund because it was an 'ex-showroom model' (unbeknown to me), further, I would not be getting a replacement either! This was put down to company policy!

 

I immediately sought clarification from the manager of the store in Braintree, who in his own words suggested that this was 'ridiculous', at the same time apologising once again but unable to suggest any remedy.

 

I have written another letter stating my intent to commence litigation proceedings if their stance remains unchanged.

 

Has anyone had any similar problems with Dreams Plc or any similar store?

 

Regards Dave.

[blitz]

So not only is it not fit for purpose but its not as described (new). Have they even offered to repair the item?

[Dave777]

Hi blitz.

 

They have not offered to repair the item nor to even inspect it.

[blitz]

Seems your on the right track with writing a letter, just remember to quote the sales of goods act 1979:

 

13. Sale by description

(1) Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.

 

14. Implied terms about quality or fitness

 

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

 

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

 

-----

 

Company policy does not overrule your statutory rights, any policy to not refund faulty goods because they are ex-display is illegal, unless it was drawn to your attention and any fault with the item could be seen on inspection.

 

As its within a reasonable amount of time (2 months), tell dreams that you are rejecting the goods in respect to the SOGA and if you haven't set a specific time period give them 14 days before you consider further action.

 

If they still don't offer you a refund send them a LBA (letter before action templates in template section) which gives them a further and final 14 days before you start small claims.

 

BTW as you were not told it was ex-display the product was not described correctly, if they are defining a difference between ex-showroom and new products then the product is obviously not as new.

[Dave777]

Thanks loads Blitz.

[bazak1]

Dave 777, if you have the time, have a look back on these threads for mine ( retail stores, other stores page 6, "sleep on a bed of dreams" )about dreams bed company. what a unhelpful, uncaring company and i really feel sorry for you having to try and sort this mess out.

all i can say is good luck.

[Mrsmancmonkey]

Did you buy this on a credit card or hire purchase as am pretty sure that under the sales and goods act the credit card/hire purchaser are jointly responsible for faulty goods bought on finance too. Specially if you are getting nowhere with them.

 

Someone more knowledgeable will know exact rights