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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A few years back I bought a bed with a 10 year warranty and

Resolved Question:

A few years back I bought a bed with a 10 year warranty and a 10 year guarantee. The bed failed after 2 and a half years and so I complained.
The company I bought it from refused to give me my money back or help me in any way, they sent one of there inspectors round who confirmed the bed was fine.
Well after all the back aches and bad nights sleep, frequenting to the floor and the couch I knew it wasnt. I paid for my own independant bed inspector
that confirmed the bed was knackered. I eventually got my money back months later via the credit card company I used to purchase the bed.
The months of torment whilst this got sorted was not down to our actions, I did everything by the book via the ombudsman service, complaining in the right way
etc etc. Through no fault of our own we were made to endure bad backs, lethargy, poor sleep for many many nights. If dates and memory serve correct, i also had
a period of passing blood clots in my urine which has since cleared. Do I have to right to claim compensation? What are my chances of success?
Would my claim stand up in a small claims court?
Thankyou.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Yes, goods must be fit for purpose, as described and of suitable quality as per the Sale of Goods Act

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

Thanks Alex for your prompt professional reply. However I already have my money back for the bed. The thing I wish to clarify is that of compensation for poor nights sleep in the time it took for me to retrieve my refund from the bank. The bank then took the money back from the company. As the bed company was not forthcoming with help or with a refund, it is through no fault of our own we were made to endure poor quality sleep in this period. I am angry in the way the bed company treated us and the length of time it took for me to get my money back.

Alex Watts :

If you have your money back you may struggle to get some more. You can try and sue for more if you wish

Customer:

The time it took was not our fault yet we were made to put up with the mattress whilst I extracted my money back under section 75 with the Credit Card company. I hope that makes sense. The main question I want is can I claim for losses and...ah hello Alex!

Alex Watts :

But beyond a refund, unless you have any medical evidence to suggest you suffered bad sleep etc, you may struggle.

Alex Watts :

Indeed, I agree

Customer:

I think i may have evidence fo passing blood clots in my urine in this time, I will need to track down exact dates and doctors reports. If i were to set these losses out and request compensation from the company and then ended up applying to a court for compensation, do you think I would struggle in court? or do you think I would have a good chance at success?

Alex Watts :

Ok - if you are claiming personal injury you need to keep any claim below £1000

Alex Watts :

As above £1000 for personal injury is a fast track matter and formal court rules apply

Customer:

that would be in line with what i was thinking, adding up the nights of poor sleep i thought around 600 was reasonable or even favourable to the bed company

Customer:

Someone mentioned this and I wasnt sure of the truth of it: "Your claim for breach of contract excludes consequential damages. The claim in contract is limited to the value of the contract"

Customer:

Im aware you are busy and do not wish to take up any more of your time than is neccessary, im basically trying to feel out, if you think, i would stand a good chance in court to win my claim for compensation. Just in your professional opinion as a time served professional.

Alex Watts :

Ok - its worth a punt that's for sure.

Alex Watts :

It is compensation for the rubbish you have had to put up with

Alex Watts :

Does that help?

Customer:

Yes it does, im very satisfied with the links you have provided and very greatful for the one on one I have recieved. Thankyou Very Much Alex, I will leave full rating and wish all the best for the week ahead :)

Customer:

Thankyou

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