Not Honoring Warranty Claim

[jdub9745]

What is the name of your state? Colorado
We bought a bed from the Mattress Firm 3 yrs ago for $1700.00 The bed has since turned lumpy and with body indents. We filed a warranty claim. The Mattress Firm sent a representative to our home to look at the mattress. It was found defective and under warranty. I have a recorded message from another Mattress Firm employee stating in short "We have been approved for a new mattress...and told me what the next steps were to select a new bed and pick it up" My husband went to their warehouse to pick it up and the warehouse worker said it needed to be in a bag. (which we were not told) My husband was irate, used profanity-- no threats, and the warehouse guy said we are not getting a bed. They will not return calls, or respond to my demand letter etc. My main question is... Do I have a small claims case? I am not sure because the warranty is actually a SEALY warranty, the Mattress Firm is an authorized dealer and is suppose to follow through with warranty claims. I tried to go through SEALY and they will not help me because I no longer have the law tag. The Mattress Firm NEVER asked me for this. It seems they are not going to help us due to personality conflicts. I do not have paperwork stating they would replace our mattress, but I do have the recorded voicemail specifically stating they would.What is the name of your state?

 

[shortbus]

The lesson here is: if your husband had sucked it up & been nice, you'd have a new mattress and no legal problem.

The dealer can't deny your warranty merely because your husband was difficult. You can file in small claims.

 

[jdub9745]

Thanks for the hindsight

Yes, I have made more than a few comments to him about that trust me. So you say it's a go then?! I assumed that the warranty was still a warranty no matter how big of jerks we are. But as I started to really consider all the facts I just was not sure since the warranty is actually a SEALY warranty. And the LAW tags people joke about all the time... I guess my second lesson here is to tear it off and SAVE it!!!

 

[weenor]

I guess my second lesson here is to tear it off and SAVE it!!!

?????the tag says that is a violation of the law to tear off the tag, period. Your second lesson should be to read the tag and leave it where it is.

 

[Zigner]

?????the tag says that is a violation of the law to tear off the tag, period. Your second lesson should be to read the tag and leave it where it is.

If you read the tag, you will see that it is not to be removed by anyone except the CONSUMER (ie: final purchaser) of the mattress.

 

[jdub9745]

?????the tag says that is a violation of the law to tear off the tag, period. Your second lesson should be to read the tag and leave it where it is.

Yes, Weenor. Sorry but the consumer can tear it off and should SAVE it along with other bed paperwork etc. But, PLEASE everyone I have learned my lessons, OK!! Now I am just trying to move forward and get what I believe is rightfully owed to me... Which is a new bed or by going to court --- money to buy a new bed. I don't want to waste my time and energy persuing something that I do not have a chance of reclaiming in court. Also, since I am not a lawyer and know very little about legal stuff like this I have been surfing around and reading to answer my own questions. Any kind, knowledgable legal people out there willing to help a girl out with her legal woes would be be very much appreciated!

 

[Jiggly1984]

I would send them a certified letter with a return receipt, warning them that if they don't replace your mattress within 30 calendar days, you will be taking them to court over it. Make sure you have a copy of the letter, and when you receive the return receipt acknowledging they have received the letter, save that as well.

If they don't make an effort to replace your mattress under warranty, then file against them in small claims. Small claims isn't that bad. Here in Missouri, and I'm sure in most other states, the courthouse has the paperwork necessary for small claims issues. Typically, small claims is a lawyer-free area. Just go pick up the paperwork, fill it out, and turn it in. If you have any problems, ask the small claims court clerk or secretary -- in my experience, they're usually friendly. They can't give you legal advice, but can instruct you on what to fill out.

Once you file the claim, the retailer will probably give you a new mattress. However, I would be sure to make one more final, and formal, attempt at getting them to fulfill their warranty. And for god's sakes, keep your husband away from them! Even though he may have been a jerk to them, they can't withold warranty fulfillment from you.

Good luck, and I hope this helps.