problem with bed, is it manufacturer or shop

[cheagavara]

hi,

 

any advice on clarifying a small matter would be helpful.

 

we bought a bed for our son from an online store.

the bed was hardly used as was in spare room

 

just before the one year warranty it broke.

they sent him a part to fix it but it broke again, same fault as before

 

. he got in touch with the retailer and after some back and fourth they have said not their problem and have given us the manufacturers details. are they right or should the retailer sort this out as we believe the bed is not fit for purpose

 

any advice would be appreciated.

[Bazooka Boo]

It is their responsibility NOT the manufacturers.

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

[obiter dictum]

I agree the contract is with the trader who you purchased the bed from but?

 

The fault was reported after 6 months so that sort of lets the trader off the hook

 

It will need to be proven now the bed is at fault, that might take an independent report if the trader or manufacturer plays hard ball

[ericsbrother]

If they cant fix it you are entitled to a replacement or a refund.

 

the retailer may take into account how much use has been had out of the item before it gave up the ghost but since the same park has broken twice then I would say that it is not fit for purpose and a full refund should be made.

 

How long an itme lasts is not determined by the law but by common sense and previous decisions in the county court.

 

Something like a bed or telly is expected to last a good number of years so no get out after a year for the seller, regardless of the guarantee or warranty period.

 

The contract is between you and the retailer so tell them what you wnat, a replacemnt, alternative product of the same or greater value or a refund.

 

Give them 14 days to decide or otherwise you will take civil action to recover your money.

[cheagavara]

hi, thanks for the replies.

 

do you think that the fact that the bed has been repaired and then broke in the same place and in the same way would lend weight to the fact that it is a faulty design?

 

what actually happened is the bed has a 5th leg in the centre attached to a rail that runs along the centre of the bed from head to toe to support the slats. the leg is vey thin and simply attaches via a bolt through the rail and into the end of the leg.

 

the leg snapped,

 

the leg was replaced and the new leg snapped and the retailer has just said contact the manufacturer and deal with them now.

[dx100uk]

Name names please

 

This is an online purchase so differing rules apply

 

Dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=227&a=271

[cheagavara]

the bed came from direct bedrooms and was ordered online

[cheagavara]

this is their final word on it...sent via email

 

 

Thank you for your patience whilst we have investigated this matter.

 

Your order was placed with us on 07/08/2014 and is covered by a 12 month manufacturer's guarantee. Having liaised with the manufacturer of your product (GFW Limited), they are currently unwilling to provide a refund/replacement for your product (GFW Colorado Storage Bedstead - King - Black).

 

There is nothing further that we (Direct Bedroom) can offer as this product is out of our returns policy window; please see this link for our Returns Policy:www.directbedroom.co.uk/returns-policy

 

I would suggest that you contact GFW directly regarding this issue. We raised this fault with them on your behalf on 04/08/2015, which is within your 12month guarantee. Full contact details are as below:

 

GFW Limited

The Furniture Warehouse, Glenfield Park One, Philips Rd Business Park, Philips Rd, Blackburn, BB1 5PF

01254 264 070

[cheagavara]

if I write to the company, should I write to them as direct bedrooms or as direct corban ltd trading as direct bedrooms?

[cheagavara]

hi, I may be in the wrong place but was looking for advice on searching for companies. I have been looking up a company called direct corban uk ltd, on some sites like this one

 

 

http://ukcompanylist.com/company/924375/direct-corban-uk-limited.html

 

 

it shows up but at companies house site there is no listing...any ideas?

[dx100uk]

http://www.dellam.com/cgi-bin/main.pl

 

 

http://companycheck.co.uk/search/results?SearchCompaniesForm%5Bname%5D=moneywise&yt5=

[cheagavara]

thanks for the links

 

 

when I search for Direct Corban UK ltd on the first one it comes up as a company that changed its name.

the second link doesn't show the company at all.

 

 

any way of finding out what the name was changed to?

 

 

what I am trying to do is find out a bit of history,

it appears that Direct bedrooms use to be owned by Corban Direct..

..who are now dissolved but I found on some sites a Direct Corban UK ltd

that had the same directors but that name (direct corban) doesn't show at companies house.

 

 

the dellam link shows it as a company that changed its name but doesn't say changed to what.

some other sites like ukcompanylist.com show it as still active

[cheagavara]

its all very confusing as half the searches show up direct corban uk ltd as active and yet others show e-tail group ltd as being the new name.

[cheagavara]

here's one last question you may be able to answer......if a company changes its name does the date of incorporation stay the same?

[cheagavara]

hi, dont know if im in the right place.

 

can a LTD company trading as XYZ,

 

disolve and then form a new company and still trade as the same company?

 

im looking into Direct Bedroom ( not to be confused with companies with very similar names)

 

this used to be owned by corban direct ltd

who dissolved at a time when they were about to be struck off

 

then formed direct corban uk ltd with the same directors and continued trading as direct bedroom.

 

this year direct corban uk ltd changed its name to the E-Tail group ltd,

 

still with the same directors and still bedroom direct.

 

can they do that?

 

also if i have to take legal action to get my money back

 

do i issue against Direct Bedroom (the trading name)

or Direct Corban UK Ltd (the ltd company when i purchased)

or the E-Tail Group Ltd (the name they changed it to but kept the ame directors, address etc)

 

any advise would be helpfull

[dx100uk]

How did you pay?

 

Dx

[cheagavara]

paid by debit card online

[cheagavara]

How did you pay?

 

Dx

does it make a difference?

[dx100uk]

Might do

 

What is the issue with the product please?

 

You could try doing a charge back ask your provider

[cheagavara]

the issue is a bed that was bought from direct corban uk ltd T/A direct bedroom was faulty,

legs broke after a short period of use.

 

however the use didnt start untill a long time after purchase as it was a spare bed

they sent new legs,

they then broke within 2 weeks.

 

direct bedroom said "manufacturers issue, take it up with them"

 

we said no its retailers issue as bed unfit for purpose.

..an argument supported by the fac the new legs broke so quick...

 

...mean while they change their name to the E-tail group ltd,

same company number (0818443)

and same address directors etc

just a change of name.

 

if i have to start proceedings against them

do i address it to the trading name,

direct corban uk ltd

or E-Tail group uk ltd ?

 

there is no charge back option with the card issuer really as its been 11 months in total after they delayed reply and sent out new parts and then said

"we will get this resolved, directors are looking into it" and so it dragged on

 

this was their final reply on the matter

 

Andrew Replied

sep 8, 10:33

 

Dear Mr Kidger,

 

Thank you for your patience whilst we have investigated this matter.

 

Your order was placed with us on 07/08/2014 and is covered by a 12 month manufacturer's guarantee.

 

Having liaised with the manufacturer of your product (GFW Limited), they are currently unwilling to provide a refund/replacement for your product (GFW Colorado Storage Bedstead - King - Black).

 

There is nothing further that we (Direct Bedroom) can offer as this product is out of our returns policy window; please see this link for our Returns Policy:www.directbedroom.co.uk/returns-policy

 

I would suggest that you contact GFW directly regarding this issue.

We raised this fault with them on your behalf on 04/08/2015, which is within your 12month guarantee. Full contact details are as below:

 

GFW Limited

The Furniture Warehouse, Glenfield Park One, Philips Rd Business Park, Philips Rd, Blackburn, BB1 5PF

01254 264 070

 

i just would like advice as to who i should issue against,

trading name Direct Bedroom,

original name Direct Corban UK Ltd

or new name as changed at companies house E-Tail Group Ltd.

 

also can they legally close down the original limited company Corban Direct

and with the same directors continue to trade under the same trading name of Direct Bedroom

after forming a new limited company of Direct Corban uk Ltd?

surely this would be misleading the public ??

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=191&a=271

 

 

not sure on the legalities of names changing

don't think they can

 

 

and id issue the claim against the directors in actual name

 

 

they are ofcourse totally wrong the as you are outside of 12mts

they have no responsibility to rectify things.

 

 

as for chargeback

it runs from when YOU realise you can use chargeback.

 

 

dx

[stu007]

For your info:

 

Direct Bedroom website domain was registered by Direct Corban UK Ltd this can be confirmed at this link:

(look down the webpage and if you go to 'Website Title and click' it directs you to Direct Bedroom website also check the 'Registrant' and 'Registrant's Address')

 

http://whois.domaintools.com/directbedroom.co.uk

 

You may want to take a screenshot

[cheagavara]

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=191&a=271

 

 

not sure on the legalities of names changing

don't think they can

 

 

and id issue the claim against the directors in actual name

 

 

they are ofcourse totally wrong the as you are outside of 12mts

they have no responsibility to rectify things.

 

 

as for chargeback

it runs from when YOU realise you can use chargeback.

 

 

dx

 

the fault was reported within the 12 months and the manufacturer was aware of it as was the retailer.

i can not access the link in your post for some reason

can i issue against the directors in name if its a ltd company?

[cheagavara]

For your info:

 

Direct Bedroom website domain was registered by Direct Corban UK Ltd this can be confirmed at this link:

(look down the webpage and if you go to 'Website Title and click' it directs you to Direct Bedroom website also check the 'Registrant' and 'Registrant's Address')

 

http://whois.domaintools.com/directbedroom.co.uk

 

You may want to take a screenshot

thanks for the info, i have got that info but what i don't know is what web site they used before, when they were corban direct ltd