Mattress refund problem.

Regarding my previous post, I wonder if you can help.

I took delivery of my new mattress from 'Paul Simon', and it appears to sag in the middle giving me bad back pain. I have tried to persevere with it, even to the extent of buying a new bedstead on their's and 'Sleepeezee's' advice but to no avail.

I contacted 'Paul Simon' on 31/3/2009 and they said that they would fax 'Sleepeezee' and they would contact me with a view to replacing or inspecting the mattress.

By 7/5/2009 there was still no contact, so I went into the shop and complained. The salesman informed me that because there had been a delay of more than 28 days, I may be entitled to a refund if there was a fault, but added that he would make it difficult for me.

They are finally going to inspect it on 14/5/2009.

Could you please tell me if I am entitled to a refund?

Thank you.

Thanks for the response.

Two representatives of 'Paul Simon' came to inspect the mattress on 14th May 2009 and they agreed that it was sagging. They also said that my bedstead was not at fault.

They have said that I am not entitled to a refund, only a like for like replacement, though they did say that I could choose a more expensive model from the same company.

I am disappointed by this as I would like a full refund, so I guess it is a negative response.

My initial complaint was made on 21st March 2009, two days after taking delivery of it, though I phoned them on 22nd March to cancel the replacement, stating that I would try to persevere with it for a little longer.

I have been advised that this is possibly my best argument for a refund.

Thank you.

Thanks for the response.

They have now back tracked and are saying that it is down to natural settlement of the mattress and that it is not sagging.

They said that I could either have 'Sleepeezee' inspect it, or I could re-select a new mattress from their store. If 'Sleepeezee' found there was not a problem, they said I would be charged around £100 for the inspection.

They will not refund the difference if I choose a cheaper mattress, though I can now choose another manufacturer if I want to.

I still feel there is a problem as I am sleeping on the floor at the moment.

I still want a refund.

If I were to sell it on E-Bay, how would that effect the guarantee.

Thank you.

Hello again

I took the re-select option and chose what I thought was a good mattress (Highgate Healthopaedic Silk 1000) after trying it out for half an hour in the shop, but it has proved to be anything but, being very difficult to sleep on (I have never had a problem with a bed before this).

I am trying to get some satisfaction from 'Paul Simon' in Swindon, but they just keep insulting my intelligence and fobbing me off (at one stage on 21/7/09 the salesman turned his back on me and called me a joke, though I am not laughing).

Regarding my previous post on the subject, I was wondering if I could still pursue the misrepresentation route (when they said that their sale was ending and it did not), and try and get a refund. They also said that the mattress I re-selected contained memory foam when in actual fact it does not which was also misrepresentation.

I am looking at losing upwards of £300 which is all the money I have, and cannot afford for this to happen.

Any help would be much appreciated.

Thank you.