Posted by: mummys little angel | June 16, 2009

Your not getting a refund!

4 Months ago I bought MLA a new bed and not having much money coming in it was a budget bed from good old Ebay. The seller had good feedback so I went ahead with the purchase. It arrived in good time and all appeared fine.

In the meantime we are building MLA a separate bedroom off my large lounge and had needed to move MLA bed into the new room. We lifted the mattress of the bed frame and were horrified. On the metal slats was the imprint of MLA, including his head and feet. The slats were is bottom goes is very deeply bent and in danger of breaking causing a great risk of impaling MLA. So I contacted the company who sold the bed to me. I had an almost immediate reply stating that 4-6 months for a budget bed was an acceptable amount of time for a bed costing x amount to last. I sent an email back to the seller stating that Consumer Goods Act 1979 and the fact the fact the bed was not of suitable or durable quality nor fit for purpose. I had another reply back simply saying ‘you’re are still not getting a refund’. Stupidly the representative of the company had sent emails stating their unwillingness to act within the law.

Whilst awaiting a rely I also contacted Consumer Direct to check that I was legally correct.  After the chap I spoke to stopped being shocked and surprised at the email stating a budget is only made to last 4 months he gave me advice.  First piece was that under the law (in the UK) any goods under 6 months old that become faulty are deemed to be faulty from manufacture and I should be offered a repair, replacement or refund albeit maybe only partial after taking into account the length of time the bed has been owned and used. I was also told to write to the company, sending it via recorded delivery, giving the company 14 days to rectify the matter or I will take them to the small claims court.  The site also has letter templates and was directed to one of those in order the wording is correct.  So this is where I am at and I shall be sending the letter off today. A side effect of contacting Consumer Direct is that I have no choice as to whether or not they contact Trading Standards and if they feel they should contacted they will contact them, just as it sounds like they have done in my case. That was going to be my next phone call, so saves me a job!

I have not named the company as yet for legal reasons….YET!


Responses

  1. Jeez, nothing’s built to last these days, is it? I remember when furniture lasted five to ten years… more if treated gingerly.


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