My Next Mattress online- Any help its faulty? mattress

[Daffs]

Hello ,

 

I've recently bought a new mattress which sleeping on it proved it to be faulty.

 

This was not obvious at delivery or laying on it for 2 hrs.

 

Only when laying om my side for 5 hrs did it become obvious.

 

I sank to a unhealthy depth with no support under my waist.

 

This is a medium. But even with a soft, there would have had to be more support.

 

An Inspector from the Co. I bought it from came out and

 

in his report said there is no fault , it is made that way.

 

I've spoken to Which legal and told I should have my own inspection done by Furn. Ombudsman.

 

They advise that there is no guarantee their inspection would be no different than that already done.

 

The problem only became obvious when laying on side for several hrs.

 

and I would need proof to make this claim.

Can anyone help?

 

Daffs

[Daffs]

HI,

I recently bought a new mattress which after sleeping on once proved faulty. I slept on my side and woke after 5 hrs, in pain, wedged between springs and no spring supporting my waist.

On speaking with the co. they sent an Inspector who apart from laying on his back for 2 mins. pushed it all around. His report says "this is not a fault, it's the way it's made". The Co. tell me they have to abide by his report.

I've spoken to Which Legal, who advised me to go to Furn. Ombudsman and get my own inspection. They agree with me that unless they have another way of inspection, their report would be no different as the fault only became apparent when laying on my side after 5 hrs.

On speaking with Furn Ombudsman, they agreed.

I'm at a loss. The only way to prove this is laying for several hrs. I cannot make a claim without proof.

Is there anything I can do, or anywhere I can go for consumer rights in a case like this?

Regards, Daffs

[SabreSheep]

Is the mattress fir for purpose?

[Conniff]

I've deleted your duplicate thread Daffs. Please keep to just the one.

[Daffs]

Thanks, No the mattress is not fit for it's purpose. I used it once, woke in pain, wedged between springs and sunk several inches. Toomany to be supportive. There was no spring supporting my waist. When I put my hand down under my waist, I could feel the spring several inches down. Possibly at the same level as others. All other springs surrounding had not moved.

I have spoken to Which Legal, who tell me to get an independant inspection but agree in order to prove my case, someone would have to sleep on it more than a few mins.

Thank you for your reply anyway, Daffs

[Daffs]

Conniff, Thanks, but I didn't realize. Just a consumer, not a comp wizz or this forum wizz.

Have you any suggestions that mioght help me.

Daffs

[Conniff]

Well as the mattress is less than six months old, it is up to them to prove it is not faulty and not for you to prove it is faulty.

[rebel11]

Hi Daffs

 

When did you buy it? How did you pay for it? Where was it bought from?

 

It's a new mattress, the inspector from the company is very unlikely to come to any other conclusions, especially after two minutes.

[Daffs]

Thank you, However an inspection has been made by their independant inspector, who says "this is not a fault, but the way it was made" and the retailer tell me they have to abide by his report.

[Daffs]

Thank you Rebel,

I found it on line at My Next Mattress. Paid over phone Jan 2nd 2014 by debit card.

 

The fact that the insp. only layed on it 2 mins (on his back) and I layed on it 2 hrs on my back and no problem. Only when laying on side for several hrs (but not a night's sleep) did I have the problem.

 

The insp. did say in the report that the underside was softer. I bought this as a turnable where both sides should be equal. But the problem is proving it to them.

 

Thanks, Daffs

[Conniff]

We have a turnable, but that means the head and the foot are the same and it can be used either way around and should be turned every few weeks.

[rebel11]

Hi Daffs

 

You could ask your Card Provider to do a Chargeback, there are rules.

 

You will need to convince your Card provider that a fault exists with the mattress.

 

Explain that it was tested by an independent inspector but for only 2 minutes, explain any other tests carried out.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

[Daffs]

Thank you Conniff, I've always had turnable. Turned over and no di8fference in strength of support.

But what can I do. "we have to abide on inspector's report" and his report "not a fault, but the way it was made". Do you have a pocket spring. I don't think they are all faulty, if you pay 2000.- or more, just the cheaper ones, like mine, that should'nt be on the market.

 

Thanks anyway for your input. Daffs

[Conniff]

The way these things normally work is for you to now go and get an independent expert to look at it without telling them who supplied it and write you a report.

 

 

If that report is in your favour, then you send the shop a copy and reject the mattress and bill them for the inspectors report.

[Daffs]

Many thanks Rebel,

 

That has been suggested by Citizen's Ad. too. I will, Natwest, been with them for yrs. Call them Tues.

 

I've spoken to Which Legal and am dissappointed.

 

After all Hypnos is highly recommended by them. Sol. told me only way is to get 'independant inspection' and spoke to them.

 

Both agreed that if inspect. was done no guarantee any different from first inspec.

 

That is only noticeable when slept on 4-5 hrs on side (not a good nights sleep),

 

and damage to my already bad back. I'm in a 'comsumer's jam'.

Many thanks for your help. Daffs

[Daffs]

Many thanks Conniff,

I've spoken with Which Legal, who advise the same and give me Furn. Ombudsman as suitable, reliable inspectors.

 

However both which and Furn. Omb. agree their inspection may not bring up any other findings,

due to the fact that the fault was not found until I slept on it for over 4 hrs, on my side.

 

Laying on my back for 2 hrs was fine.

And where are you going to get a reputable Insp. who will lay on his side for a number of hrs.

 

Has to be another way for the consumer.

 

Mattress should not be on the market. E

 

ven if I had tested it before purchase I would not have found this fault.

Bye, Daffs

[Conniff]

I qualified inspector won't need to sleep on it to see if there is a manufacturing defect.

[rebel11]

This is not a recommendation, just info:-

 

http://www.furniturereports.co.uk/bedmattressreports.shtml

[Daffs]

Hi Rebel, I think I mentioned many times my experience when I spoke to Which Legal.

 

Don't really think talking to them again will help.

 

I will try furmiturereports.co.uk, thanks. I will also speak to my bank about a chargeback.

 

The more I think about this, the more mad I get.

 

The 6 mons. time limit I have, is that 6 mons from my payment or when I received the item.

 

I spoke to the co. early March complaining which is when they said they would send the Insp.

 

Would my 6 mo. start from then. After the Insp.

 

I emailed the co. in late March asking for a copy of the Report and asked what action they intended to take.

 

I didn't get a reply to that. I'm just worried now my 6 mos will be up before I can get this resolved.

 

I think I do have something in my favour though.

 

Turnable means turn over as well as turn round.

 

All beds were made this way, or used to be.

 

With no difference in strength or support.

 

I have done a lot of research (for all the good it did) and now you will find some and most,

say 'no need to turn' meaning not turnable (that is over).

 

Some even say 'winter side and summer side' meaning top or one side is warmer covering and summer side is cooler.

 

Then there is the turnabe which I wanted and bought, meaning as well as turning around, head to food, turn over 'top to underside'.

 

I received a booklet with the mattrss from the manufacturer.

 

For care and showing all the positions it should be turned.

 

Thank you Rebel for your help, Bye Daffs

[Daffs]

Conniff, I'm afraid he would have to in this case.

 

The problem only became apparent to me after I had slept on it.

 

I'm a bit confused as to why you changed the heading of this. Consumer in distress to My Next Mattress online- etc. etc.

 

What was wrong with my heading?

 

I've posted a lot on Macmillan and Beating Bowel Cancer and others and never had problems with headings.

 

I prefer mine, so can you change it back please.

 

I'm not too happy with you using co. names I give (My Next Mattress and Natwest).

 

I think there is a law against this and I don't want anymore problems,

 

I have enough.

 

I came on this site for help as a consumer.

Thanks, Daffs

[dx100uk]

daffs your title was changed to better reflect the issue you are having

 

often firms use Google or alike to keep an eye on posts with their names in

 

we often find naming the company in the thread title alerts them

to an issue in the public domain, and they act.

 

there is no law in not naming a product or the manu you are having issues with.

 

regards

 

dx

[rebel11]

Hi Daffs

 

It's 120 days, which is 4 months. The clock starts to tick from the date you discover the problem.

 

You purchased it on 2nd January 2014.

 

The mattress was delivered Jan - Mar.

 

You contacted the company regarding the problem in early March, so the clock starts from early March. So you have 120 days from early March.

 

Your card provider (NatWest)will play 'hardball' over giving you a Chargeback, you have to persist. You have to convince them that the product is faulty. Once you've got the evidence, i.e. something in writing to say he spent two minutes on the mattress, other brief tests he carried out. Then get info on what tests he should have carried out. If pics demonstrate the fault, send them too.

 

Once you've got all the evidence, send the relevant template, send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

DX100uk is trying to help, it helps focus the retailers mind on their customer service, or lack of should I say.