Support

Open search

KS Owners refund

Helping Hand

and could be used by a scummy retailer who doesn't want to be stuck with hundreds of refunds over £1000 each.

keeping this vague in case you change your mind and want to delete the above public post..

 

Pathfinder

@tarbat wrote:

@paul1277 wrote: 
If someone does take this to court and hope someone does it costs £60 when done online. All the evidence is here and the ADR result can still be used as evidence. Again I think it will be settled out of court and I bet they try to gag you as well. For all those who bought with a credit card you have section 75.

It's £105 in my case, based on the original price.  But beware, if you lose the court case, the retailer can recover all their costs from you. CAB warned me of that yesterday.  That's what makes taking them to court too high a risk for me, and is presumably why retailers like John Lewis choose to ignore ADR.


Are you in Scotland?  If so then they may have different rules for Small Claims but in England & Wales they can only claim reasonable (i.e extremely modest) expenses in the event they win, and even then only if the judge agrees to them.

Voyager

@paul1111 wrote:
The shield and usb could be used as a get out of jail free.

Well, if it gives me the promised SmartThings functionality, that's fine by me. So far Samsung aren't even willing to do this. I've now asked Samsung how they expect me to control the free SmartThings hub that they're offering, and whether the means to control the hub are included in their proposed resolution.

 
Hotshot

@Moily wrote:

@tarbat wrote:

@paul1277 wrote: 
If someone does take this to court and hope someone does it costs £60 when done online. All the evidence is here and the ADR result can still be used as evidence. Again I think it will be settled out of court and I bet they try to gag you as well. For all those who bought with a credit card you have section 75.

It's £105 in my case, based on the original price.  But beware, if you lose the court case, the retailer can recover all their costs from you. CAB warned me of that yesterday.  That's what makes taking them to court too high a risk for me, and is presumably why retailers like John Lewis choose to ignore ADR.


Are you in Scotland?  If so then they may have different rules for Small Claims but in England & Wales they can only claim reasonable (i.e extremely modest) expenses in the event they win, and even then only if the judge agrees to them.


Yes but you can claim the costs of the court fees which for the relative small amount is £60. Also for time and effort.

Thing is it will take just one result and we will have the same as with richer sounds where they paying out to all owners.

Voyager

@Moily wrote:
Are you in Scotland?  If so then they may have different rules for Small Claims but in England & Wales they can only claim reasonable (i.e extremely modest) expenses in the event they win, and even then only if the judge agrees to them.

Yes, I'm in Scotland. CAB advised me that if I took court action in Scotland, John Lewis may then contest the jurisdiction, and request the case be moved to their local court in England, so doubling my costs :(  I suspect that's exactly what JL would do, just to give me yet another hoop to jump through.  Note that John Lewis state in their small print that "The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England"

 

Hopefully someone in a better position to proceed will take John Lewis to court and set a precedent for the rest of us.

Highlighted
Helping Hand
That's nasty. Now I see your problem even more clearly. And this isn't helping Mrs Tarbat at the end of the day, the longer it goes on.
Pathfinder

@tarbat wrote:

@Moily wrote:
Are you in Scotland?  If so then they may have different rules for Small Claims but in England & Wales they can only claim reasonable (i.e extremely modest) expenses in the event they win, and even then only if the judge agrees to them.

Yes, I'm in Scotland. CAB advised me that if I took court action in Scotland, John Lewis may then contest the jurisdiction, and request the case be moved to their local court in England, so doubling my costs :(  I suspect that's exactly what JL would do, just to give me yet another hoop to jump through.  Note that John Lewis state in their small print that "The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England"

 

Hopefully someone in a better position to proceed will take John Lewis to court and set a precedent for the rest of us.


Again, it may be different in Scotland but in Eng&Wales the claimant is asked where they would like the hearing to take place. The defendant can object if it's unreasonable, i.e it's a single person in Cornwall being asked to go to Carlisle, but I would see the Court holding the hearing at a court of your choosing.

 

Did you buy online or in a shop?  If online then you can choose to start a claim in an E&W court nearest the border, maybe?  That way costs will be neglible and you'll likely win anyway.

 

(Although my bet would be they would rather capitulate at mediation than run the risk of losing in court and opening the floodgates)

Voyager

I can’t believe how unreasonable Samsung are being.  If I accept their resolution, a SmartThings Hub, they’re then expecting me to buy a mobile phone so I can use the hub. A bit like having a TV with no way to control it.

Helping Hand

@tarbat wrote:

I can’t believe how unreasonable Samsung are being.  If I accept their resolution, a SmartThings Hub, they’re then expecting me to buy a mobile phone so I can use the hub. A bit like having a TV with no way to control it.


I would suggest that they should be required to supply you with a mobile phone free of charge, and pay for its usage for its lifetime. However, Samsung mobiles can catch fire and explode  so even that's not really acceptable.

 

Black Belt 

@tarbat wrote:

@Moily wrote:
Are you in Scotland?  If so then they may have different rules for Small Claims but in England & Wales they can only claim reasonable (i.e extremely modest) expenses in the event they win, and even then only if the judge agrees to them.

Yes, I'm in Scotland. CAB advised me that if I took court action in Scotland, John Lewis may then contest the jurisdiction, and request the case be moved to their local court in England, so doubling my costs :(  I suspect that's exactly what JL would do, just to give me yet another hoop to jump through.  Note that John Lewis state in their small print that "The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England"

 

Hopefully someone in a better position to proceed will take John Lewis to court and set a precedent for the rest of us.


The regs are called the 2015 European consumer regs and step the same every where in Europe. If you don't think you would win they don't go for it. We have proof on this forum of misrepresentation and an ADR ruling in our favor. Have you looked online at the costs because when I checked it cost £60 online. 

Paul

Top Liked Authors