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Helping Hand

@Gui007 wrote:

How are even currys making offers and yet JL are refusing a refund or exchange for a long standing customer who has spent £5000+ at JL in the last few years. I’m confused. 


Indeed. File under the same category as "Trump was elected" :(

 

Black Belt 

@mrtickle wrote:

@Gui007 wrote:

How are even currys making offers and yet JL are refusing a refund or exchange for a long standing customer who has spent £5000+ at JL in the last few years. I’m confused. 


Indeed. File under the same category as "Trump was elected" :(

 


Odd in that JL have been giving full refunds, and it has been Curry's who are not doing so.

Paul

Navigator

Please dont be thinking that John Lewis are blanket giving refunds. They have done so in a couple of cases, but I'd still say at least an equal amount or majority have been given nothing and have had to persue other means (court, or Section 75 like myself)

Explorer

I concur, it does not seem that JL's official policy is about giving refunds. Even after I sent my Letter Before Action, I called some days ago my case manager and she still denied any refund. I asked whether they are aware of any refunds given so far to other customers, and she mentioned that if they were they would be accidental. 

 

I still have a 18 days before the 25 days notice I gave in my LBA run out. Is there anybody perhaps who is closer to the small claims court with John Lewis?

Voyager

@yannis_i wrote:

Is there anybody perhaps who is closer to the small claims court with John Lewis?


I’m less than 2 weeks away from the court deadline, and JL’s solicitors are at last now negotiating a settlement with me. I’d say “watch this space”, but I’m not sure I’ll be able to share the details.  A part of me really wants it to go to the sheriff for a ruling, but another part is just sick of the whole process!! I guess it will depend on their final offer.

Black Belt 

@tarbat wrote:

@yannis_i wrote:

Is there anybody perhaps who is closer to the small claims court with John Lewis?


I’m less than 2 weeks away from the court deadline, and JL’s solicitors are at last now negotiating a settlement with me. I’d say “watch this space”, but I’m not sure I’ll be able to share the details.  A part of me really wants it to go to the sheriff for a ruling, but another part is just sick of the whole process!! I guess it will depend on their final offer.


It's good that they are talking, and it is proberbly  due to it going to the solicitors who should know the law, instead of dealing with the customer support who work off crib sheets. 

It is a free country with respect to keeping us updated, and unless you agree to a non-disclosure which I hope you don't then yes keep posting. They have no legal right to stop you from passing on any info. Even in a criminal court, anyone can comment on the proceedings.

Paul

Navigator

I'm obviously not sure the legalities of it all, but in terms of non disclosure agreements, can you do something along the equivalent of a warrant canary? (https://www.bbc.co.uk/news/technology-35969735 ) In otherwords post something along the likes of "I have not received a full refund" now before anything is resolved - then keep in mind that posts here are deletable/editable...Obviously as I say, Im not sure the legalities of this in regard to non disclosure agreements, and you shouldn't feel like you have to do something that could put you at risk at all, but if it applies to warrants maybe it could also help here?

 

Of course the other alternative is not to accept any non disclosure clause. After all, youre within your rights to get the full refund without any terms. 

Explorer
Did solicitors contact you after you sent the Letter Before Action? Or when you initiated the small claim process through Money Claim -after the Letter Before Action deadline expired?
Voyager

@yannis_i wrote:
Did solicitors contact you after you sent the Letter Before Action? Or when you initiated the small claim process through Money Claim -after the Letter Before Action deadline expired?

They contacted me several weeks after John Lewis were formally served with the claim form by the Sheriff Court. They initially asked me for copies of the documents I listed in my claim that I would be using as evidence, and then a couple of weeks later contacted me with a proposed settlement, which I have so far rejected. This is under the Scottish system of “Simple Procedure”.

 

For info, this is the list of evidence documents I'm using:

1. Copy of "deadlock letter" from John Lewis.
2. Copy of product description.
3. Copy of a Retail ADR recommendation letter for a similar case against another retailer from 5th June 2018.
4. Copy of EU ODR Complaint form.
5. Timeline of emails, phone calls, etc.
6. Emails to/from John Lewis.

Explorer
That is incredibly useful @tarbat thank you. Another question if I may ask:

In my Letter Before Action, using a template from this forum if I remember correctly, I included supporting documents, where I mentioned the product description and the letter from Samsung CEO office mentioning that the functionality of the Smart Hub is not exactly the same as the Smart USB Extender (posted earlier in this forum too), so as to prove non-equivalence.

Is the claim process itself allowing for more supporting evidence once you start, where you used the list above? Or you used this evidence in the LBA too? Yours seems much more comprehensive and I have a deadlock letter too from John Lewis.
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