Dear Claudienne

I have a bad back.

In January 2012 I bought a bedset on three-year hire purchase terms from Courts Oasis Branch at March Pen Road, Spanish Town. The cost of the bedset by the time I complete the payments over three years will be $299,000 and change.

I slept on the bed until February, 2012 when several of the board slats were dislodged from the frame supporting the mattress. The slats came apart in the joints, and when I informed the Courts branch where I bought it, they said they would repair the slats. I asked the branch for a replacement as I feared that the slats would break up again, but the manager insisted on repairing the frame.

I then made a complaint to the Consumer Affairs Commission and after they spoke to Courts, a workman was sent to my house to build a base for the mattress.

I now have another problem as the edge of the Therapedic pillow-top mattress on the side where I sleep started to sink and this situation has aggravated my bad back.

I began calling Courts in June 2012 about this problem but got no response. In September 2012, I visited the Courts Cross Roads store and after I made a complaint, they finally came to my house and took the mattress on November 28.

The man who came and took the mattress said that it would be repaired with the same foam material, but I told him that I wanted it to be replaced.

Since that time the mattress has been at Courts and in the meantime I have to be still paying the instalments.

I gather that the report Courts wrote stated that the problem with the mattress arose because I did not turn it every three months. How could that be? The mattress is very heavy and if I was told that it had to be turned every three months, I would not have bought it.

Furthermore, it is my understanding that the pillow top mattress is top of the line and doesn't have to be turned.

I believe that I am getting a raw deal as even though I'm paying for the mattress I do not have it to sleep on.

I would appreciate your help in this matter.

CS

Dear CS

Tell Claudienne requested the Consumer Charter Manager at Courts to investigate your complaint.

She responded by e-mail as follows:

By the customer's own admission the mattress in question had not been turned since the date of purchase — for almost a year. Improper care of any product sold by the company is deemed to be misuse of the product and as such, resulting problems are not covered under the terms of our manufacturer's warranty.

Please note that care instructions such as those in the attachments above and as cited below are affixed to all Therapedic mattresses sold by the company. Instructions are as follows:

"Turn your mattress over end-to-end and side-to-side every two weeks for the first six months. After this period turn it over every two or three months."

Given the circumstance, we have determined that there was lack of proper care or misuse of the product. Under the terms of the warranty, our company was not responsible for the repairs, and this charge should normally have been met by the customer.

Nonetheless, in the interest of good customer service the mattress has been repaired and we are prepared to redeliver it at no cost to the customer. When the item has been redelivered, we would also urge CS to follow the care instructions closely, so that she can enjoy the benefits of her purchase to the fullest."

After Courts responded to your complaint, we made suggestions as to how you could have it turned. However, you insisted that you had nobody to turn the mattress, and wanted it replaced. We then phoned the consumer charter manager and she agreed to meet with you on Monday, January 20.

We note that she met with you. However, she told Tell Claudienne that the mattress will not be replaced.

We suggest that you try to seek some help in turning the repaired mattress, as even if you were to get a new one, those conditions would have to be met to prevent it from sinking.

Good luck.

Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.