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    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
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    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
    • and more immediate issues WT* is the UK doing. Ukraine needs these funds and weapons NOW Lets sincerely hope this isnt another Tory VIPal skimming issue.   MoD accused of ‘go-slow’ with half of £900m Ukraine fund unused | Defence policy | The Guardian WWW.THEGUARDIAN.COM Delays mean just £404m of the money donated by nine countries has been committed or spent  
    • If everyone who wanted or needed a permit could get one easily how would PCM make any money?    
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Bensons for Beds (again)


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Hello -

 

I signed up to the forum today - I came across it on the web while searching Bensons for Beds Reviews.

 

Im not the first person to say I wished I had done some reasearch beforehand, however hindsight is a wonderful thing :sad:

 

purchased a Airflow 5000 Plus Mattresses early May this year and it was delivered at the end of May.

 

It did not come with any sort of paperwork or guarantee;

it was purchased on line and neither the order confirmation or invoice had anything relating to Product Care or Warranty.

 

Last week while turning the matress we noticed a massive bulge in the side of the matress on one side.

 

Before I go any further its worthwhile saying that it came without any care intrsuctions,

only a small circular card with the 'flame retardent' icon.

 

Ive read in a couple of places that Bensons advocate that the matress is turned every week (utter nonense?)

and that is takes three months for it to be 'settled' (more utter nonsense?)

 

Spoke to Bensons today and

Becky at Customer Services, while being helpful, wouldnt accept that the bed was faulty

and said that they would need to have the bed 'independently' assessed

and said they would arrange somebody from FIRA to come and asses the bed.

 

I explaind that I had read reports that when this had happened to other consumers

the decision did not go in their (the consumers favour)

and offered to pay for FIRA to come and assess the bed myself but Becky declined my offer.

 

I was put on hold and she came back to me with the name of another company (cant remember as this all happened earlier at work)

 

when I looked them up they were an insurance company. I

did offer to send photographs but Becky said this wasnt acceptable.

 

To conclude,

I have taken a day off work next week to facilitate the assessment of out new bed

- I want to be optimisitic however there's a part of me thats very doubtful I will get a replacement or refund or repair

- this is based on other reviews and forums Ive looked at over the past few days.

 

Can anyone provide any suggestions what I would do next if the assessment goes against me?

 

As mentioned above,

the matress is 5 weeks old from new,

has been used for its intended purpose

- to sleep on, and neither myself or my partner are obese or overweight.

ANY feedback would be REALLY appreciated.

 

Thanks

 

Steve :smile:

Edited by steve barber
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Hi & Welcome..

 

As you have found B4B are the very worst at everything including their customer care!

 

Stay OFF the phone, you need to keep everything in writing, or in person.

 

Get onto your local Trading Standards and report this sorry outfit for their abysmal service.

Have a read of SOGA also, keep a diary of events also, and photograph the mattress, these clowns need closing down.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Please can you tell is the value of the bed.

 

You are covered by the Sale of Goods Act and that means that any goods which you buy must be of satisfactory quality and this means that they must match up to the expectations of a reasonable consumer for a reasonable period of time given all the circumstances such as price description – blah blah blah.

 

I think that you are doing the right thing but also take photographs. Also keep copious notes of any phone conversations you have and ideally you should be recording them in fact you should never speak to any company on the telephone without recording your calls – ever.

 

What make it is the mattress? Is it Bensons own brand? I think you should research the Benson site thoroughly and see what claims they make for their mattresses. It is inconceivable that they don't see glowing things about it and the durability of the product.

 

If this is a branded item then also you should be up to find other claims from manufacturers.

 

It would be very helpful if you could get an independent assessment from one or two other mattress suppliers. Of course Bensons will say that they are prejudiced against Benson products but I think that if you took the assessments plus the very obvious fact that you have a mattress there that is not even lasting for five weeks – I think it would take very little to convince a judge that there is a problem. Add to that the other things you find about Bensons over the Internet and it's probably all you need.

 

I would collect all the evidence together as quickly as possible and then write Bensons a clear letter rejecting the mattress. Say that it is not fit for the purpose and you want a complete refund. Tell Bensons that if you don't get the refund within 14 days – and the mattresses collected from you that you will begin proceedings in the County Court and without any further notice.

 

Don't make this threat unless you are prepared to go through with it. Don't bluff.

 

Bringing small claims in the County Court is very straightforward. There is lots of information on this forum and you could even buy a book. It will all stand you in good stead when you've done it once you will have confidence to do it again and again and you won't take any more rubbish from any suppliers ever.

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Thanks for the welcome Bazoooka - Woooah...thats very good advice. I was going to put something in writing to them today and your comment has made me rethink - I will get on to this tomorow. Im a but reluctant to get heavy handed from the off - is it worth going with the process and waiting for the asessor next week, or should I just demand a refund due to the matress being faulty which it clearly is? Bensons policy is not law so, as far as Im aware I dont have to abide by them, especially when something becomes so faulty in sucha short amount of time? I have degenerative issues with my neck and back so want to get this sorted as soon as possible. If I get trading standars involved I would need t contact the offices nearest Bensons HQ wouldnt I?

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Hi there Bankfodda - thanks for the reply - it was £599.99 and was not purchased in a sale or other discount offer.

 

Its an Airflow 5000 Plus Mattress.

 

Ive had one experience with Small Claims a few years back with Avis (car rentals) who tried their luck charging me £30 to send a letter - they lost :wink: and the whole process was very simple.

Ive already looked at the Furniture Ombudsman website and it appears I can get an independent assessment for £125.

 

Thanks

 

Steve

Edited by steve barber
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Well it would be the best idea to get an independent assessment but of course if the assessment went against you then you would definitely lose £125. If the assessment went for you then you would get your assessment money back once you won the claim.

 

Frankly with a bed only five weeks old I can scarcely imagine that you would need an assessment that that's a decision that you will have to make.

 

If they won't take the mattress back they want to take to litigation then I would also suggest getting a new mattress elsewhere storing your defective one and making a daily storage charge of say – 50p.

 

Of course you would write to Bensons in advance and tell them that this is what you will be doing and that you will be charging the 50p storage and adding it to your claim.

 

It is very important to make sure that everything is clear and that you disclose everything to Bensons so later on in a court case they can't say that they didn't know and that it's unfair. You have to show that you gave them every opportunity.

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