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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Faulty bed, raised issue with retailer within 12 months of date of delivery


Homer67

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I bought a Hypnos 8 bed for a total cost of £2.5k, paid a deposit October 22/10/2021 of £500 and the balance on 29/01/2022 when the retailer (City Beds) advised me the bed was in the shop and they needed the payment before delivery could take place.

 

Move forward to February 2023 and the bed is now so uncomfortable that I'm not sleeping in it, it has dipped in the middle and when you're laying on it it feels like you're on a cliff edge and any movement sends you plummeting into the crevasse in the middle.

 

I called the shop and raised the issue a few days before 12 months from the original delivery date but just over 12 months from the balance payment date.

 

The shop advised me they would arrange with Hypnos for an inspection which I took a day off work for and that duly happened.

 

I had an email from Hypnos forwarded by the retailer to me today which in 8 pages basically says 'natural settlement, no issue'.

 

I called the retailer who said I need to speak to Hypnos, so I called Hypnos who said 'the report says it's settlement so we are not doing anything, you need to take it up with the retailer'  to which I replied it is uncomfortable to the point I cannot sleep in it, it feels like sleeping on the edge of a cliff and falling into the middle when you start to relax, that cannot be right. Hypnos suggested they would send another inspector round which I said ok to.

 

I then called the shop and explained what they said and asked the shop what they can do, they said they'll speak to the shop owner and call me back tomorrow.

 

I doubt I'm going to get anywhere with either retailer or manufacturer and I'm £2.5k down on a bed I can't use.

 

I did pay fully by credit card so I've been on to them and I'm aware that they may step in and help if possible but I'm not sure if there's much they can do after 12 months.

 

Any advice would be appreciated, thanks.

 

 

 

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