When is a Bed not a Bed?

[JOD]

My question is on behalf of my daughter, who works seven days a week and does not have an Internet service. She rents a (studio) flat, one room as, lounge, dining, sitting and bedroom and a –very -small, kitchen and toilet/shower room. I mention this because it has relevance to the furniture she bought and can actually fit in this Unit!

The only way she can have a Bed and somewhere to sit, is by buying a Bed Sofa. She went to one of the major stores and explained what she wanted i.e a Bed she would use every night and would convert to a sofa during the day. Following the stores advise she paid £1250 for said item. Within a month or two it was proving unsatisfactory. Quite frankly the bed does not lay flat, it has a –bulge- where it folds down. It is so noisy when lying on it that it wakes her up during the night.
About six weeks ago she complained to the store who sent out their ‘man’ to investigate. Yes the bed had a (slope) which would settle down in time! Typically, on that occasion the noise was not too bad but the expert told her “You know, this unit is NOT MEANT FOR USE AS AN EVERYDAY BED” But that was the reason she paid over £1200 for it. Initially she did not know what to do but yesterday she got sick and tired of this SofaBed, which she bought less than six months ago. She rang the store who informs her, We do not take back furniture??

Now I am not that clued up on Consumer Law but I’m sure this sort of thing must be covered somewhere and would welcome your advise.
Kind regards
JOD

[Tony]

Hi Jod,

This is tricky. If you had some written record of what they had said in terms of advice, you would have a good case. Without that it is difficult to prove. However, how was the bed described in the shop? i.e. the written description.

Tony

[JOD]

Thanks Tony,
I'll have to check with my daughter re: product description etc.

Mythically speaking: "Your Honor, would it be in any way likely that my client would buy a bed for a one room flat that could not be used as a regular bed???"

Kind regards
JD

[Tony]

Hi JD,

I don't think that would be a defense people do much crazier things than that!!

Tony

[JOD]

Tony you may well be right but it's going to the small claims court and I think we will leave the store to think up a 'defense' to justify their rubbish product.
Kind regards
JD

[Ade]

Hi, sorry to hear about your daughters problem.
I rent out a couple of apartments one of them being a studio like you describe. I supply a sofa bed as part of 'fully furnished' rent. To cut a long story short, you get tenants that treat your furniture well and it lasts - you also get the hooligans that destroy everything at a touch!
Over the years I have experimented with sofa beds. I have bought expensive, cheap, in the middle, 2nd hand etc. etc. the list goes on. it doesnt seem to matter how much you spend, sofa beds dont seem to last if in everyday use. I have spoken with a few suppliers/dealers on the same point that you have and I have had the same answer as you. They claim that a sofa bed is for 'occasional' use and is not designed for every day use.
I find that answer incredible too but, have been told the same.
Sorry if this doesnt cheer you up at all...

[JOD]

Many thanks ADE,
From various conversations we have had since she purchased this unit you are right, these things are for (occasional) use. She is determined to take this to court as she now knows she was duped and the bed is useless. One 'nobody' against the mighty 'D'..but god is not always on the side of the big battalions!! I.E I just got a speeding ticket scrapped even though I confirmed that I had been speeding, so it pays to make a fuss.
Regards
JOD

Originally Posted by Ade

Hi, sorry to hear about your daughters problem.
I rent out a couple of apartments one of them being a studio like you describe. I supply a sofa bed as part of 'fully furnished' rent. To cut a long story short, you get tenants that treat your furniture well and it lasts - you also get the hooligans that destroy everything at a touch!
Over the years I have experimented with sofa beds. I have bought expensive, cheap, in the middle, 2nd hand etc. etc. the list goes on. it doesnt seem to matter how much you spend, sofa beds dont seem to last if in everyday use. I have spoken with a few suppliers/dealers on the same point that you have and I have had the same answer as you. They claim that a sofa bed is for 'occasional' use and is not designed for every day use.
I find that answer incredible too but, have been told the same.
Sorry if this doesnt cheer you up at all...

[Tony]

Originally Posted by JOD

Tony you may well be right but it's going to the small claims court and I think we will leave the store to think up a 'defense' to justify their rubbish product.
Kind regards
JD

Was it misdecribed on the label instore - I know Amazon carefully state whether sofa beds are for occasional or everyday use.


Tony