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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My sister, who is disabled with MS bought an adjustable bed

Resolved Question:

My sister, who is disabled with MS bought an adjustable bed which has turned out to be substandard and totally inadequate for her needs, it has caused her pain and discomfort, it is not as described on the paperwork, I have contacted them but they refuse to give a refund, I informed them that they are in breach of the sale of goods act, they still won't respond, where do I go now? trading standards said they cannot help
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
In what way is it not as described?
How long ago did she buy?
Customer: replied 2 years ago.

The bed was purchased in May 2014 the order states 3 week delivery, however after numerous phone calls to chase it up it was delivered in august, after around 4 weeks use the mattress collapsed, many phone calls from my sister and mother were ignored, they finally responded in November, the ''engineer'' said that it had collapsed because she had used the motors (its what the bed is designed for) The order also states that the mattress is memory foam, it is not. I had the bed looked at by somebody from adjustamatic, he said it was not fit for use.

Expert:  Jo C. replied 2 years ago.
What is the filling if it isn't memory foam?
Customer: replied 2 years ago.

It's just an ordinary foam and that's also the opinion of the man from adjustamatic, the sales man said that the bed was worth £7000 and reduced it to £2834, the same bed is available at Dreams Beds for £1480 and made by the same company

Expert:  Jo C. replied 2 years ago.
It doesn't matter about the price. They are not under a duty to sell at their best prices. The price of an item is just what two people agree to sell at and pay.
The mattress is separate the bed. It might well have been sold together but the fact that it may not be memory foam doesn't give rise to rights otherwise than to a memory foam mattress.
In relation to the best, ***** ***** clearly suggesting that she has damaged it. If so, they are not under a duty to make any offer at all. If they will not relent on that point then her only option is to sue. There is no other way of forcing them to make an offer if they will not.
It is probably a good idea to write to them giving them 14 days to make an offer though. If they fail to respond then sue here
www.moneyclaim.gov.uk
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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