Bensons for Beds

[BEDROCK]

Hello, I was looking for some expert legal advice please. I purchased some bedroom furniture on 16 January 2013 at my local Bensons for Beds store on Drake House Retail Park in Sheffield, South Yorkshire. I was excitedly awaiting the delivery of a stunning oak furniture set.

 

There are 3 pieces in total and upon building and un-packing the pieces, I discovered damages in all 3 of the pieces. I had to have help to build the wardrobe and we were very careful with all the un-packing so no damage was caused on our behalf. So I can only imagine it was caused at the manufacturing end of things. Due to unfortunate circumstances, I was too busy with other more important priorities to get in contact with my supplier straight away which meant I failed to meet the cooling off period, which was just bad luck.

 

Having been in store and raised the issue with them they advised me to get in touch with Customer Services on 0844 499 0618, who told me to e-mail enquiries@bensonsbeds.co.uk with some photos which I did on 21 February. They then informed me soon after that they needed to send someone from Ecomaster to my home on 27 February to inspect and file a report for Bensons for Beds to make a decision.

 

Having been through a stressful time and constant phone calls they finally made a decision which they said there was nothing they could do in terms of replacements and that all they could offer was for someone to come out and fix the cracks, that is it. I then began much heated discussion with someone in Customer Service who was quite rude and not offering any second solutions, and I requested to speak to his supervisor who was saying just the same and was being amazingly evasive and not really having any thought for customer concerns and who was also rude and belittling me which I found offensive.

 

They said the report concluded that it was definitely not a manufacturing fault and that there was absolutely no way they could replace the items as they were not covered by my guarantee, which I previously said to them I had been too busy and have not been able to call in sooner. They expect me to still pay for the items even though they are all damaged and that there is no ideal resolution to please the customer which is me, so I am left with damaged goods and all they have done is insinuate the damage was caused on my end.

 

To go in to more detail about the inspector that came out, he came in to my home and was quite off hand and was always back chatting everything I said and was constantly interrupting me and insinuating that I had done things, like it was not the manufacturers fault but mine. I told him that the furniture had come from China and that it had done a lot of miles before getting to me, so how could he know as well as Customer Services that they were adamant it was not manufacturing error. The inspector’s report also concluded that his photos were not consistent with the ones I sent Bensons in the e-mail in stating that there was saw dust on my pictures while his had none, this being the case that I had cleaned up that morning and removed the dust which had fell and covered the floor, so his story really sounds like a joke, no customer trust what so ever.

 

Having been in to the store again on the same day as they phoned me regarding the report decision, the manager of the furniture department was all the more unhelpful and told me she had no clue how to resolve my situation, in that she had to ring Customer Services to be told what to do, I found this quite alarming and offensive that everyone was washing their hands of the whole affair and was not willing to compromise even a little bit. I have told them I was cancelling my finance direct debit and that I was not going to be paying for damaged goods that I had no hand in at all. They said that they would take me to court and make me pay additional chargers for god knows what else and that I would be made to pay for what they have insinuated I had done, which lead me to believe that they are not a very customer focussed business because they should be willing to compromise even though I had stated previously how and why things happened, they simply refuse to believe me end of. To add fire to the misery, they said that the damages could not have been caused by the manufacturer because according to the inspector, the items are checked hundreds of time before being packed, that I find very amusing and stretching the truth a little too far. It is not like they are in China with the items 24/7, amazingly evasive does not do it justice.

 

If I had purchased some electrical appliances to the value of £1187.48 which the 3 damaged furniture items cost in total, then am sure most retailers would quite happily replace the items even after the cooling off out of good customer service and reaching compromise, Bensons for Beds however is another story, more a case of blame the paying customer with no meeting in the middle. I am going to have to cancel the finance all together if a satisfactory conclusion is not reached and another thing, the Sales of Goods Act clearly states that I am entitled to a refund or replacement of goods that were delivered in unsatisfactory condition, I cease my case.

 

Now I have raised the issue with IKANO the finance company that has been set up to be the store to handle payments, to send me out a form to fill in so they can begin their own investigation in to the matter and hopefully recommend a complete replacement of all pieces, as that is what the store should be doing any way.

 

Have I got any legs to stand on here?

[willman]

It's always difficult trying to convince organisations that they aren't being conned or that they might have to do something outside their legal requirements.

I've occasionally recieved flatpack furniture with damaged components in the centre of the pack which is certainly a fault in transportation,i have usually however called the customer services whilst i still have the screwdriver in my hand,so to speak.

 

Cancelling payments may cause you some legal grief, some info i've read on sale of goods only give you 3-4 weeks to complain and act on sales of goods, items bought on HP also aren't covered (may be classification of your finance i don't know).

[BEDROCK]

Well my finance company has suggested I carry on my payments as cancelling would have negative effects on my bank account, they are sending me a pack and told me to send it back to them as they can raise the issue in a portal with the company, kind of like what solicitors do.

 

I still may get in touch with a solicitor and see where I stand with them but will not accept anything less than a full replacement!