# legal question



## skercat (Nov 9, 2013)

I wonder if anyone could please tell me where I stand legally with this situation.

My property managers asked me this summer if they could replace the old matresses in my house. As these matresses were at least 14 years old I instructed them to go ahead. Imagine my horror when I got into bed and found that I was not on my Temper mattress, but on a standard sprung mattress instead. I had 2 electric beds shipped over from the UK in 2006 when my husband was diagnosed with terminal cancer, one had a Temper mattress, one has a soft sprung mattress. These were the matresses the managers had replaced.

I rang the manager the next day who knew nothing about it and would ask his colleague. I called again later in the week and subsequently went into the office as I had not had my calls returned. I was told that the matresses had springs sticking out when they were disposed of. I explained this could not be possible as a Temper mattress did not have springs. I asked them to return my mattress. Again, I heard nothing. The day before I went home I went to the office and terminated our relationship and asked for a final account and the return of my mattress.

The final account arrived for just under 1600 Euros. On receipt of this I emailed and asked if my mattress had been returned. I only want the return of the Temper mattress as I am on my own and do not really mind what is on the other bed. I then received a phone call arguing that the mattresses which were disposed of had springs sticking through. Again I explained how this could not be possible. I was also told by the manager that I was withholding payment until this situation was sorted out. I asked what made him think this and he told me his business partner had said this. I said this was not the case at all, and I would be at my house in early December (4 weeks time) if he wanted to return my mattress then. He told me he was not prepared to wait that long for payment and he would find a Temper mattress as a replacement. 

This was 2 weeks ago. I have tried to find a source of Temper matresses in Portugal myself, and have asked Temper UK if they will ship to Portugal. They gave me the internet address of Temper Portugal, which I forwarded to the managers, but I have heard nothing from them.

I am troubled by their apathy and denials. If I buy a Temper mattress here and transport it over the total cost would be in the region of £1500, just under 1800 Euros.

I am considering writing a 'without prejudice' letter to say let's leave it as it is, call it quits, I will use the money I owe them to replace the mattress.

Where would I stand in Portuguese law if I did this?


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## canoeman (Mar 3, 2011)

Portuguese Law you really need to consult a Portuguese Solicitor, a lot will depend on any contract and its wording with your Property Managers, especially as regards cancellation of a contract and any outstanding fees.
Do it correctly and you can rest easy, do it wrong and it turns into a minefield

As you didn't specify like for like replacement? then I would think you're on shaky ground, it's also important when disputing an issue to tie dates correctly beds & mattresses shipped in 2006 aren't "at least 14 years old" a minor point but helps managers dispute your claims.


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