Any recourse for a purchase?

[LeeMills77]

Hello,

Around 12 months ago, by girlfriend spend a few thousand pound on a vibrating bed that was supposed to help her with her Fibromyalgia. We were both assured that this would help her and alleviate the pain. However, after she used it for a few months, it made her pain increasingly worse and she stopped using the bed. She used the bed no more than about 10 times. She contacted the company rep who sold her the bed but he never replied.

The bed was the worst thing she bought and she is left with a small debt she didn't need to take on.

Is there anything we can do to maybe claim all of the money back, or some of it? She paid in full on her credit card at the time.

Thanks for your time. I appreciate it.

Lee.

[des8]

Hi and welcome

Does she have anything in writing about the supposed benefits of this bed? Adverts perhaps?

[LeeMills77]

Hi and welcome

Does she have anything in writing about the supposed benefits of this bed? Adverts perhaps?

Hi. Yes, I have all the paperwork at home. It claimed to help specifically with Fibromyalgia and the guy even passed studies from a university professor claiming it helped people with the condition. I have it all at here.

Thanks for getting back to me.

Lee.

[des8]

Have you checked out the validity of those studies?

Can you post up any of those endorsements or give a link if online?
What make and model of bed?
I'm thinking along the lines of misrepresentation

[LeeMills77]

Have you checked out the validity of those studies?

Can you post up any of those endorsements or give a link if online?
What make and model of bed?
I'm thinking along the lines of misrepresentation

Hi,

I did have a look at the professor who made the claims and it all seemed legit.

I can get the rest of the information and post it here, but I go away for a holiday tomorrow morning and won't be back until Tuesday 28th.

Do you think there could be something in misrepresentation for her? When I found out it was causing her more pain, I thought "There's no way they can get away with selling these things and running away from any responsibility." I've found it all very frustrating.

Thanks for your time,

Lee.

[des8]

It depends on what claims were made about the efficacy of the appliance, and how they were made.
If you can give us details of make & model we can do some searching to see if they have a history for overstating

In the meantime enjoy your holiday

[LeeMills77]

Hi Des8,

I shall gather those details and post them here next week.

Thanks for the kind words.

Lee.

[des8]

The four attachments you sent me: 3 appear to be folders and the 4th a short personal programme.

i have had a look at their site (which seems to be full of endorsements from satisfied customers!)

Mr P Heaton is a consultant orthopaedic surgeon (https://www.ramsayhealth.co.uk/speci...mr-phil-heaton).
Although his unit has purchased three of these "beds" he only really endorses their use for the treatment of patients with chronic lymph oedema and those with cystic fibrosis. Otherwise he discusses his involvement with "numerous literature studies during my PhD degree at the University of Portsmouth, assessing the effectiveness of vibro thermometric therapy"

Their website (https://www.cyclo-ssage.com/fibromyalgia/) does make some claims, but they will be on the basis the equipment was used strictly in accordance with their instructions. That might prove difficult for your girlfriend to prove.

Rather than initiating a claim against the company it might be more effective (and certainly cheaper) to make a claim against the credit card company under sec 75 of the Consumer Credit Act.
This could be on the basis of breach of contract in that the item purchased was not fit for purpose in that it did not relieve your girl friends pain and /or a claim under the Misrepresentation Act 1967.

Has she discussed the use of this device with her physician?

[LeeMills77]

Hi,

Thanks for getting back to me. She did go down the route of claiming through her credit card but she didn't get very far. I suggested we try again and see what happens.

I'm afraid she didn't discuss this with her physician. We had gone to a Mind, Body and Spirit Fair in Manchester in 2018 and they had a stall there in the hope of selling the beds to people. I was sure it would have been good for my girlfriend, and so did she, but it turned out that it was no good at all.

Do you recommend a route for claiming through her credit card company? I will have a look and see what happens.

Thanks for your help on this. Much appreciated.

Lee.

[des8]

" She did go down the route of claiming through her credit card but she didn't get very far."

So what did she do?
How did she lodge her claim....in writing?
What was the result?

[LeeMills77]

Hi,

Thanks for getting back to me. She did go down the route of claiming through her credit card but she didn't get very far. I suggested we try again and see what happens.

I'm afraid she didn't discuss this with her physician. We had gone to a Mind, Body and Spirit Fair in Manchester in 2018 and they had a stall there in the hope of selling the beds to people. I was sure it would have been good for my girlfriend, and so did she, but it turned out that it was no good at all.

Do you recommend a route for claiming through her credit card company? I will have a look and see what happens.

Thanks for your help on this. Much appreciated.

Lee.

Hi Des8,

Apologies for the delay in getting back to you.

We are still pursuing it. I prompted her today to push it along and she should have some news in about 2 weeks. I shall keep you updated on the situation.

Thanks again for your help,

Lee.