Hi Kate.

The Kaymed Chaucer is no longer in production and therefore I cannot find reference to the original specification.

The crux of your problem will only be one of two possible scenarios.

1. The memory foam layer has lost its memory.
2. The Spring unit has collapsed.

Quite frankly, I think it is the memory Foam layer which is the source of your problem but without knowing any kind of depth or indeed purported density of such leaves me in a position to only second guess. Memory foam has a habit of compressing far faster than other fibres as it can't be turned or shaken to even out the settlement.

No doubt you have read the Guardians report on 'Independent' technicians used by retail giants [it's here if you haven't] and I would expect the findings of to be put down to settlement.

If this is the case then I would counterclaim with the following reasonings:

1. Kaymed is not a run of mill manufacturer. They have set themselves up to be a leader in Memory Foam products with their nearest rival being Breasley. If settlement is found to be the cause then it can only be assumed that despite product warranty being advertised of between 5 and ten years it is expected that their memory foam component will fail / unduly settle well before that period expires. Especially given the fact it can't be turned over!
2. Even though Dreams will send out a technician to assess the problem, you as a consumer are not necessarily bound to accept their findings as absolute final. There are many Independent technicians who have the consumers interests at heart if you dispute it. We recommend DanCor UK as the one who we feel will fight your corner the best they can. Well worth an initial chat. They were able to get a previous correspondent of ours a full refund on their PSBC mattress after an independent inspection deemed her 'complaint' to be settlement (also after 3 years cared for use).
3. I would also write to Kaymed to express your dissatisfaction [Kaymed Head Office. Bluebell Industrial Estate Naas Road. Dublin 12. Tel: 00 353 1 4192999 ] Enquire as to how long their Memory Foam is deemed to last before 'Settlement' of this extent (include depth of settlement - see below) that has occurred.
4. Settlement is gauged by a string test. This requires weighted string to be draped across the mattress and the depth of settlement measured.As an indicator - Tempur deem that impressions of less than 2cm does not warrant replacement.
5. Settlement in natural fillings can be evened out far more than memory foam as you can turn and rotate the mattress. You should always turn and rotate the mattress where possible every month for the first year or so until settlement has evened out. See our Care Leaflet here for more guidance.

Be aware though that an argument can be raised with memory foam springs/" title="pocket spring">pocket spring units that the impression if greater than 2cm can be attributed to the wear and tear of the pocket spring unit itself. Thereby, the impression is not entirely attributable to the memory foam component.

This is why we only sell pocket sprung and fibre mattresses as opposed to the dreaded memory foam issue.

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Hope this helps Kate.

Please let us know how you get on as this will help other people in the same boat.

If you do not want to do this publicly through these pages then please keep in touch via my email.

John and Ryan.

 

[ 27th June] Thank you very much for your advice.

As predicted, Homeserve are coming this week.

At least I have won the first argument which is that I will not be paying for their visit!

The link to Dancor is not correct but I have found them and will certainly consider using them.

They are www.dancoruk.com - in case this helps others.

I will also write to Kaymed direct as you suggest.

Update to follow!

Kate Hi Kate, thanks for this, I can't understand why the link was not working.

I have removed it and placed the address in instead.

John and Ryan.

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[30th June] The Homeserve man came.

He used his weighted string and measured 5 cms on one side of the bed and 6 cms on the other.

He said it must be like sleeping in a bowl.

He asked how often we turned the mattress - I said monthly, and he wanted to know how much we weighed.

Neither of us are overweight.

He pressed the unused memory foam in the middle of the mattress and at the same time he pressed the saggy bit.

The middle bit sprang back nicely, the saggy bit stayed where it was for quite a few moments longer.

He said he would never buy a memory foam bed himself and that it had lost its memory.

That was the end of his 'technical' inspection.

I will wait and see what Dreams say.....

Hi again Kate.

Thanks for the update.

I am wondering about your response about his question of turning?

Do you mean Rotate?

Surely this Memory Foam mattress is one sided.

John and Ryan.

[2nd July] Hello John and Ryan, Yes sorry, "rotate" is correct as opposed to "turn".

This is a one-sided mattress.

Kate [17th July 2012] Hello again, I have had to chase Dreams for a response following the inspection by the Homeserve technician and today I received a phone call.

They said that the inspection report had shown the mattress to be faulty (good news) but that as I had not purchased a ten year guarantee they would only be able to replace the mattress to a cost of £600 (not so good news).

They want to charge me 20% per year for use.

This doesn't seem right if they are admitting the mattress is faulty but I would appreciate your opinion.

The telephone line was very poor and it was very hard to understand every word.

I argued that I shouldn't have to purchase a ten year guarantee and that under the sale of goods act I should be able to buy a mattress that is fit for purpose and this clearly wasn't.

He said I should go into any Dreams shop and choose a new mattress for £600 and then ring them up and they would arrange delivery.

I asked him to put this in writing but he said it would take a long time because they are behind with their emails!?

Incredible!?

They obviously don't want to put their admission in writing.

I also wrote to Kaymed (twice) and have heard nothing at all from them.

Thanks for your advice on next steps.

Kate

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Hi again Kate.

Glad to hear Dreams accepted the mattress was faulty and have offered you some sort of recompense.

Personally, I think the world of Warranty and Guarantee is a very complicated area and can be seen in very different lights depending on where you stand.

If we take your mattress as an example, you as a consumer have had use of it for three and a half years.

Admittedly we can assume that the last six months you endured increasing levels of discomfort, hence your complaint to the retailer., I am going to assume that the original guarantee period on this particular model was five years (and I stand to be corrected).

This means that you have had 60% use out of a potential 100% guaranteed lifespan, and in all fairness you couldn't reasonably expect to get that for free.

When you bought this mattress, the manufacturer ostensibly said that you will get five years of use out of it.

As it happens, this did not materialise.

You did however get three years use out of it and therefore their offer to refund you the remaining 40% seems fair.

What does not seem fair though is their restriction for you to buy your next mattress from the same outlet.

They should really refund you the difference, collect the mattress and leave you free to purchase wherever you see fit.

And what would have happened if you DID buy the ten year warranty?

Theoretically, you would have been refunded 70% of the purchase price - although this does not make any commercial sense.

The manufacturer has said that the mattress will last five years.

By paying £50 (or whatever the extra guarantee costs) means that the mattress will most certainly not last ten years and you as the consumer will be able to keep changing your mattress every six years ad infinitum.

I just cannot see the benefit from a manufacturers / retailers point of view !!

There has to be some set of clauses and restrictions built into this additional guarantee / warranty and I will try to obtain the small print and delve a little deeper - any help from other readers will of course be beneficial.

A very interesting comment Kate, and I'm glad it worked out for you in the end.

John and Ryan.

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[5th Aug 2012] Final update - I had reported the dispute to my credit card company as I was advised by Trading Standards to make a Section 75 claim.

If you pay for goods with a credit card and subsequently have a dispute with a trader, the credit card company are jointly liable.

They were very keen to help sort it out.

I informed Dreams that I was unable to find a replacement mattress of the same quality as that which I believed I had purchased in the first place ie.

a 2000 spring mattress (that was all the specification I had to go on).

They have now agreed to refund the majority of the purchase price and to take away the faulty mattress and bed.

I am therefore able to buy a bed from someone else and I will be giving you a ring to discuss my requirements.

The help and information on your website has been invaluable - thank you!

Thank you Kate.

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Your comment has spurred me into digging deeper into the Guarantee / Warranty issues that unfortunately leave some people without any kind of recompense.

I think you are one of the lucky ones!

I was interested to hear about the Section 75 claim - I must admit I am not particularly hot on consumer law but again, thanks to your original comment I am intrigued to now know more.

I have no doubt your postings have helped other people perhaps in the same boat and if you want to add a final, final comment on the precise reslolution, we will all be grateful for it.

Thanks again.

John and Ryan.

[14/08/12] Hello John, Here is the final final update.

Dreams said: "The manufacturers of the Chaucer, Kayfoam offer a 10 year cover; this is split into a 2 year guarantee followed by an 8 year warranty.

Each full year of the warranty period is chargeable to the customer as a usage charge; this is 12.5% per full year." Dreams said that as I had had the mattress less than approximately 3.5 years I would only be charged 1 full warranty year.

They accepted that the mattress had a manufacturing fault and they agreed to a refund of the full purchase price of the bed (mattress and divan) less 12.5%.

They also refunded the cost of the headboard.

They sent the inspection report - a one liner confirming the manufacturing fault.

Their couriers collected the bed promptly and I received the refund within a few days.

I remain a little confused about their warranty/guarantee statements/policy as originally they said they couldn't help because I hadn't purchased the additional ten year guarantee.

However I have been pleasantly surprised by their response and willingness to resolve the problem.

Having the backing of the credit card company may also have been persuasive although I wasn't aware that they had actually had to intervene as by the time I involved them, Dreams were admitting the mattress was faulty and offering compensation.

Finally, huge thanks to you John for all your helpful advice, and all of the information provided on your website - I have now placed an order for one of your beds and I am looking forward to a good night's sleep in due course!