What would you consider 'reasonable'

[flooz]

I'm just about to write a letter concerning a bed, but before I do, I am wondering about the 'reasonable' part of the SOGA. As it's down to opinion of what is reasonable, and I may be being unreasonable.

 

So, if you bought an 'expensive' bed, and I mean £1,200, how long would you expect it to last?

[leonmassey]

I think I've read somewhere it's 10years ??

[maroondevo52]

Hi,

 

Whats the problem with it, is it the mattress your not happy with ?

[BankFodder]

It probably depends what was being done on it and by how many people and how often and over what period of time

[flooz]

Interesting, I would think that too.

 

In fact, my previous bed, which was slightly less in £'s, but taking into consideration time value of money, etc.

probably equates to a similar price, is now 15 years old, and still doesn't have any 'sagging' problems which the 'new' one has.

 

It has been inspected by the company, who have confirmed that the sagging is 'excessive' (after 5 years),

 

and they are offering to replace it, with my covering 5/6th of the original cost, which is 1/6th of the cost for each year of use.

 

While I can half understand what they are saying, personally, I think for a bed of this price/quality, it should last considerably longer than 6 years,

 

AND I would imagine, even with a 1/6th discount, they will still make a profit, for the second time.

 

I would imagine, I could negotiate a discount close to that level with any supplier, not one that has supplied what I consider one of inferior quality.

[flooz]

ps, neither myself or my OH are overweight, and the bed has only had 'normal' use.

[BankFodder]

ps, neither myself or my OH are overweight, and the bed has only had 'normal' use.

 

I think that we are all very relieved to hear it.

 

Your analysis seems very well structured. I suppose that it depends on expert appraisal. The offer of 1/6 is probably based upon their view of the contractual limitation period and I don't think that this is a relevant measure. There might be many items which would be expected to last a great deal less than 6 years.

Have you got their assessment in writing? At least if they agree that there is a problem, that means that you won't have to look for independent evidence. Also as they are prepared to put their hands up to a problem, it suggests that they are a reasonable company and which is concerned about the quality of their product. Kudos to them.

 

I think that the question for you is - what do you want out of it and what are you prepared to do to get it.

What is your formula for a solution and have you put it to them.

 

One thing you could put to them is - if they advertised a bed of this quality and of this price, and claimed for it - This bed will only cost you 1 5/6 of its price every 12 years, would they sell any?

 

If they think that they still would, then they may feel that you have had value for money. If not, then clearly they need to revisit the problem.

[flooz]

Thanks Bankfodder. Apologies, but I'm not with you on this bit.

One thing you could put to them is - if they advertised a bed of this quality and of this price, and claimed for it - This bed will only cost you 1 5/6 of its price every 12 years, would they sell any?

 

If they think that they still would, then they may feel that you have had value for money. If not, then clearly they need to revisit the problem.

 

I accept that I have had 5 years of use of the bed, and as such fully expected to make a contribution to a replacement (although I'm not sure of the SOGA allows for depreciation), but 5/6th indicates they only expect the bed to last 6 years, AND the original price wasn't just for the mattress it was for the whole divan and drawers! A 1/6th discount (approximately 16.6%) could probably be negotiated with any retailer, and still allow them to make a profit.

[flooz]

Just a quick thought too: I'm having to deal with the manufacturer, as the retailer went out of business. Does this affect any rights under SOGA?

[BankFodder]

Thanks Bankfodder. Apologies, but I'm not with you on this bit.

 

 

I accept that I have had 5 years of use of the bed, and as such fully expected to make a contribution to a replacement (although I'm not sure of the SOGA allows for depreciation), but 5/6th indicates they only expect the bed to last 6 years, AND the original price wasn't just for the mattress it was for the whole divan and drawers! A 1/6th discount (approximately 16.6%) could probably be negotiated with any retailer, and still allow them to make a profit.

 

Well, you have to look at their offer and calculate the full price of a bed for 10 years. The price you paid plus the price you will have to pay for continuing to have a bed for the next 4 years - which you say is the reasonable expected life of the bed.

Could they sell a bed at that price.

 

Just a quick thought too: I'm having to deal with the manufacturer, as the retailer went out of business. Does this affect any rights under SOGA?

 

Yes, this makes all the difference. The manufacturer owes you no contractual duties. They are a stranger to the contract and I don't even think that the Contracts (Rights of Third Parties) Act 1999 applies.

If they have offered 1/6 then take it. It is the best you will do unless you can get a better deal from a retailer.

[flooz]

Ah, I with you now. I think that is a good point, and I shall certainly put something along those lines in my letter.

 

With regards to the SOGA, thank you for clarifying that, I really wasn't sure. So, if a retailer goes out of business, do consumer rights disappear with that?

 

I need to know all the relevant facts and opinions, as that will dictate the 'tone' of my letter back to them. I'm currently taking the 'disappointed' tone, so I shall see if that gets me anywhere. I've had a little mooch round the internet, and reading of various websites that relate to the industry, the general consensus is that a good mattress should last 8-10 years, or more. So given my initial outlay, I don't think I'm being unreasonable in my disappointment. One thing for sure, if I do have to buy a full priced replacement, I shall be getting it from a different manufacturer.

[BankFodder]

Well if the manufacturer is good enough to take an interest this far along and to try and offer a discount, then it shouldn't be overlooked. It isn't worth overlooking the quality of the bed only because you think that the manufacturer should make a better offer.

Other manufacturers would probably offer you nothing at all.

[flooz]

It's the quality that I'm disappointed with. When I chose this bed, it was on the basis of it being of very good quality, which I fully expected to pay extra for. The reality is, it hasn't lasted anywhere near as long as other (cheaper) beds I have had in my years. If I had known that it would only last 5 years, I would never have bought it. Their representative has confirmed that it should not be sagging after only 5 years, going into detail of the quality of the individual pocketed springs etc. even saying that they would probably cut it in half once returned to find out what the problem is, so they can ensure it doesn't happen in future products.