What would you do? Having big problems with Sleepys
Jun 1, 2011 9:17 PM
Joined: May 30, 2011
Points: 9
I'm going to sum this up because the full typed out saga is 2.5 pages long. 

We bought a Sleep to Live 600 from Sleepys.  The first mattress they delivered was defective and they replaced it.  The second one was nothing like the floor model and the mattress sloped from the blue side to the green side.  They tell us our only option is to do a comfort exchange but we get them to waive the fees.  We do a comfort exchange and get a Pure Latex Bliss Nature.  The PLB was delivered today.  The delivery guys got big dirt smudges on the mattress on the side that ever so conveniently was placed incorrectly up against the headboard.  I say incorrectly because the mattress was not oriented correctly and we can to rotate it 90 degerees.

After the delivery guys leave, I notice a bug.  I look up bedbugs on the internet and start to get very nervous when I realize the bug I saw looked like the bedbug images on the internet.  When my husband gets home, we rotated the mattress and unzip the mattress cover that the mattress came in to check for bedbugs.  When we unzip it, we notice that the foam has one very long continuous crack.

We called Sleepys and were told to call 1800Sleepys.  Customer service was already closed for the day, so we'll call back tomorrow.  We've now had issues with 3 mattresses from this company and they are unable to deliver a product that is not defective.  What would you do at this point?  Obviously I'm going to give them a chance to do the right thing tomorrow and just let us return the mattress and give us a refund, however, we all know that's not going to happen.  I'm thinking out only option is to file a credit card chargeback.

Does anyone have any suggestions or ideas on how to handle this?

I should also mention that their delivery guys have gotten dirty hand prints on all three of the matresses of they have now delivered.  Do they do that on purpose because they know it will void the warranty or something?  I even asked the delivery guys to wash their hands 3 times today before I had to insist they do so before opening the plastic on the mattress.  Only after insisting did they put on gloves...

Re: What would you do? Having big problems with Sleepys
Reply #1 Jun 1, 2011 10:52 PM
Joined: Apr 15, 2011
Points: 163
Well, M, I'll tell you what I think. I think they've blown their chance with you and if you keep giving them another try, it's going to put you into an untenable position if you end up having to sue in small claims court to get your money back, etc. I tell you why I say this. I hired a car repaiman once who turned out to be a scam artist. Instead of replacing the broken fly wheel as he had promised, he tried to weld it together. It kept breaking right away and I went back probably four times, each time thinking he would make it right this time. Finally, I got it to a real mechanic who told me what had been done. The guy would not give me a refund so I had to take him to small claims court. When I got there, what I thought was admirable patience on my part, giving the guy chance after chance, was counted against me by the judge. I did win the case, but it was more difficult because I had bascially kept putting up with the guy's bs. I put myself in a bad position by doing that.

There's another rule - the rule of threes - I've read about. The first time there's a problem, it could be just a mistake. The second time, okay - maybe a misunderstanding. The third time, you're dealing with a pattern of behavior.

What would I do if I were you? I'd tell them in no uncertain terms that they blew it, and how. I would put it in writing. I would demand your money back and that they cover the costs of returning this last one. If not, tell them you'll see them in court, that you will file a complaint with the Attorney General, the FTC, and whoever else you can, that you will broadcast your experiences to everyone you know.

May I mention bedbugs are not a small thing. They can get in your house from this contamination and they do carry diseases.

Enough already. Put an end to your misery and show them they can't do business this way.

That's my advice. Bite the bullet - easier now than later.

Good luck - my heart goes out to you.

Re: What would you do? Having big problems with Sleepys
Reply #2 Jun 1, 2011 11:33 PM
Joined: Jun 1, 2011
Points: 17
I also think you should probably give up on Sleepy's.  Sounds like you've already invested too much time and money into this & they have repeatedly broken your trust. 

 

Make sure you document everything.  Take pictures of the handprints on the mattress, bug, etc. 

Re: What would you do? Having big problems with Sleepys
Reply #3 Jun 1, 2011 11:36 PM
Joined: Mar 15, 2009
Points: 5
so sorry this has happened to you !

i would do exactly what  willywinkie  said...... and I would complain about the dirty hand prints. bummer.

Re: What would you do? Having big problems with Sleepys
Reply #4 Jun 2, 2011 12:08 AM
Joined: Apr 15, 2011
Points: 163
Rereading your message, yes, definitely put the charge in dispute. The credit card company will hopefully go to bat for you and handle some of the dirty work. I would inform the dealer that you are doing that, and you expect them to remove the mattress free of charge. It's not your fault they delivered yet another defective mattress. And yes, it wouldn't surprise me one bit if the delivery men dirty it up on purpose, just so they can claim you damaged it and therefore can't return it - not one bit, unfortunately. So I agree, you'd better bring that up explicitly along with the other complaints. Your credit card company will want a write-up from you. You can ask them if they want you to send a letter to the merchant, as well. I know the credit card company will want you to have already told the merchant about the problem, and what their response was. I am assuming, of course, that they won't want to give you your money back or haul it away free of charge. They probably don't want more bedbugs in their warehouse, either. Pffft.
Re: What would you do? Having big problems with Sleepys
Reply #5 Jun 2, 2011 12:58 AM
Location: San Francisco Bay Area
Joined: May 13, 2011
Points: 170
Contact your credit card company; they may be able to help.  That would be the best if they can deal with it.  weewillywinky has good advice.  But I disagree with him; I would not give any one a third chance.  I would have been pissed big time when I got the mattress with the sloping problems.  I am wondering if they are sending out mattresses that are not new.  I would NOT be giving them any more chances; they sound like total scumbags.  And I even if they give you your money back, I would still contact the BBB and the attorney general.  I would also be wondering if the department of health wanted to know about stores selling mattresses with bed bugs.  Take pictures.
Re: What would you do? Having big problems with Sleepys
Reply #6 Jun 2, 2011 8:25 AM
Joined: May 30, 2011
Points: 9
Thanks everyone.  I am sincerely hoping that the bedbug was just a stow away that came in on the delivery man.  I haven't seen anymore, and we didn't wake up with any bites on us.  I'm really hoping that it was a stroke of good luck that I saw it and flushed it before it found a hiding spot and multiplied into a huge problem.

When I noticed the smudge on the box spring during delivery yesterday, I took some pictures.  We also got pictures of the other smudge when we noticed it, and then we got pictures of the crack when we noticed that.  The guy we spoke to at Sleepys (John) said that he noted in the computer that we called last yesterday and that we had these issues on the day of delivery, so there should be no question as to when they occured and when they were first noticed.

WeeWilly - I'm curious as to how giving the repair guy the benefit of the doubt by letting himself correct his mistake put you in a worse position in regards to your claim against him. 

Sleepswithcats - I have had the same thought in regards to sending out used mattresses.  I simply can not think of any other excuse for why the first mattress we were given had such a "broken in" feel to it.  We were told repeatedly by them that they destroy all mattresses that are returned, and they told in no uncertain terms that PA law prohibits them from selling used mattresses.  However, what the law actually says is that it is illegal to sell a used mattress and claim that it is new.  So they lied about the law, and I don't believe for one second that they actually do destroy the mattresses.  I would bet that the mattresses that get returned get sent to the clearance center that is around the corner from the Sleepys we went to.  Giving them the benefit of the doubt here, perhaps they just mixed up with mattresses we were supposed to recieve and sent us used ones by accident? 

In regards to the other suggestions about complaint to various agencies, I think that is definitely an avenue we plan on pursueing, but we have been debating whether or not it is worth waiting until the entire thing is resolved before taking that path.  If we start making noise before it is resolved, Sleepys will either dig their heels in and make our lives more difficult, or alternatively, they may try to shush us up by working with us.  I'm not sure what to expect from them at this point.

Re: What would you do? Having big problems with Sleepys
Reply #7 Jun 2, 2011 9:36 AM
Joined: May 30, 2011
Points: 9
Just a little update.  My husband spoke to customer service.  The representative said he spoke with a supervisor and they are unable to let us return the mattress and get a refund, and they said that our only option is to exchange the mattress for another new one. 

We are still debating which route we want to take.  Ideally, they would deliver the fourth mattress and it would be in new and undamaged condition; however, the main word there is fourth.  It would the fourth time we trusted them to deliver a mattress is acceptable condition and they have failed three times.  We obviously have no reason to think the fourth time would be any different.  I think we're leaning towards just filing a chargeback at this point.

Re: What would you do? Having big problems with Sleepys
Reply #8 Jun 2, 2011 1:16 PM
Joined: May 30, 2011
Points: 9
Another update.  I filed a dispute over the charge with the bank today.  The bank just called me back and said that because Sleepy's was willing to exchange the mattress, we can't dispute the charge.  So, at this point, our only option is to accept a fourth delivery or take them to small claims court.
Re: What would you do? Having big problems with Sleepys
Reply #9 Jun 2, 2011 3:59 PM
Location: San Francisco Bay Area
Joined: May 13, 2011
Points: 170
Perhaps it would be in your best interest to go pick up the mattress yourself.  You can then inspect it before you leave the store/warehouse.

And I don't believe all these returned mattresses are "destroyed".  I do believe that delivery people can do a lot of damage which might account for some of what you saw.

None of the Sleepys stores have BBB accreditation.

Perhaps this is a lesson to all of us to pay attention to return policy when spending so much money.  I don't see any money back if you are not satisfied; just a 21 day comfort exchange.

Good luck on getting this resolved.

Note to self: Never purchase a mattress from sleezys, er sleepys.

Re: What would you do? Having big problems with Sleepys
Reply #10 Jun 2, 2011 6:11 PM
Joined: Apr 15, 2011
Points: 163
M, you asked for clarification as to why my tolerance in giving the scam mechanic chance after chance to fix my car weakened my case. The judge expressed some disbelief that it was as bad as I said it was because i kept going back and giving him another chance. He thought if I wasn't happy with the repairs, then I obviously would not have kept going back for more of the same. The viewpoint he expressed could perhaps be analogous to domestic violence relationships where if the victim keeps going back for more, the system throws up its hands in disgust, and says the victim is either crying wolf or asking for more of the same foreseeable abuse.

I learned that you take a risk if you tolerate b.s. from a business but keep going back for more of the same and at the same time, or shortly thereafter, ask the court to fix it for you.

It forces you into a compromised position, getting implicated in a pattern of bad dealings.

And yes, believe it - the delivery guys definitely could be getting those items dirty in purpose to try to prevent returns. What could be easier than that?

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