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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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I guess this is a Consumer question. My friends ordered a

Resolved Question:

I guess this is a
Consumer question. My friends ordered a superking divan bed from Dreams in November. It arrived on 21st December. In less than three weeks the frame on one side had collapsed. They had to wait until 18th April for a replacement. Last night we received a text to say the same thing had happened. I believe the bed cost almost £1000. They bought it on a deferred payment scheme, the first payment has only just gone out.

Where do they stand?
Submitted: 3 years ago.
Category: UK Law
Expert:  Jo C. replied 3 years ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

What would they like to achieve? What is their goal with this bed?
Customer: replied 3 years ago.
As they have had two beds both of which have only lasted a month it would be best for them just to have what money they have paid returned.
The husband is somewhat disabled, the last replacement took three months to arrive and they has to sleep on the mattress on the floor. It was not a cheap bed.
Expert:  Jo C. replied 3 years ago.

Thanks for the information.

No, it wasn’t. Its a significant price and they cannot deny the fault.

They are entitled to either a replacement, refund or repair unless the seller can prove that one or the other is disproportionately expensive.

Given the price of the bed the seller may try to argue that a refund is disproportionate but then your friend could rely on the right that he has not to be significantly inconvenience and to have remedy within a reasonable time. This was a significant delay and given that a bed is something that we call need on a daily basis this would probably be held to be unacceptable.

In terms of which action to take, thats a matter for them really. The same fault twice is indicative of a problem. The question is whether they are prepared to give them a further chance or not. Obviously they are a company with a good reputation and this might just be a complete fluke.

Hope this helps. Please let me know if you need more information.
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