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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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I ordered a new Slumberland mattress from Glasswells on 29-06-14,it

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I ordered a new Slumberland mattress from Glasswells on 29-06-14,it was delivered on 22-07-14.This mattress was covered by a 2 year guarantee.It failed and I reported this to Glasswells on 09-09 15.Homeserve inspected the mattress on 22-09 15 and assessed it as faulty.Glasswells provided a replacement on 32-10-15.This second mattress failed and I reported it to Glasswells on 14-03-16.Homeserve inspected the mattress on30-03-16 and assessed it as faulty.I called on Glasswells on 09-04-16 to ask them to collect the faulty mattress and refund the full purchase price.I was told that no one could deal with my request and I would be contacted on 11-04-16.No one called,I visited again on 12-04-16 and made my request again.I was told that the suppliers would have to authorise the refund.I said that my claim was against Glasswells and not the suppliers.I was contacted today with the offer of a replacement only,no refund.This is unacceptable as the replacement would only be guaranteed for the remainder of the 2 years ie.until the 22-07-16.Not long considering past experience.
Regards F.Whalley
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How can I help with this please?
Customer: replied 1 year ago.
How do I insist the the vendors (Glasswells) comply with my request and take back the faulty mattress and refund the original purchase price?
Expert:  Jo C. replied 1 year ago.
What is the nature of the fault?
Customer: replied 1 year ago.
The first mattress,both sides collapsed.The second one the sleeping area sagged in two places,the homeserve inspector measured the depression and found it outside the limits.
Expert:  Jo C. replied 1 year ago.
Thanks. I am afraid that you do not have a claim for the full purchase price. At the very highest point you have a claim for a reduced sum in compensation to reflect the use you have had from the mattress. Since that is nearly two years I would not pursue that particular remedy if others are available.You do have a claim for a replacement. They seem to be offering that. Given the fact that there would be a reduction to reflect 18 months to 2 years of use I would pursue the replacement.The guarantee period may well only last two years but your statutory rights would exceed that.If you are intent then you can always sue at the small claims court but you are not going to recover the full price I'm afraid.Sorry if that is bad news.Can I clarify anything for you?Jo
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