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Explorer
Thanks. Have found a template on Martin Lewis Money Saving Expert website and have written a letter to Santander PLC instigating a Section 75 claim ( wife's card so she had to sign) and hope to have news in 14 days or so. I agree they are trying to interpret the law to siut themselves.
Explorer
Latest email to Curry's
Thank you for your telephone conversation today at approx 2:00 pm . Unfortunately your continued intransigence and failure to comply with consumer law has caused me to instigate a Section 75 complaint with Santander Credit Cards who will no doubt be in touch with you. I have enclosed in my letter transcripts of all the email correspondence showing your unwillingness to comply with the Consumer Rights Act 2015 which clearly states that goods supplied must " Be as described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase." It is unfortunate that you have decided to take this stance since I offered in my conversation to pay the difference between my current TV and new model which would perfom the functions as described in your original advertising. It is up tp you to independently take the necessary action against Samsung for misleading you.
Extract from ADR case

In conclusion Based on the evidence provided and after conducting our own online investigation, we agree that this is a clear case of misrepresentation.

Complaint by Mr Ramos against Richer Sounds
Black Belt 

@cypher915 wrote:
Latest email to Curry's
Thank you for your telephone conversation today at approx 2:00 pm . Unfortunately your continued intransigence and failure to comply with consumer law has caused me to instigate a Section 75 complaint with Santander Credit Cards who will no doubt be in touch with you. I have enclosed in my letter transcripts of all the email correspondence showing your unwillingness to comply with the Consumer Rights Act 2015 which clearly states that goods supplied must " Be as described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase." It is unfortunate that you have decided to take this stance since I offered in my conversation to pay the difference between my current TV and new model which would perfom the functions as described in your original advertising. It is up tp you to independently take the necessary action against Samsung for misleading you.
Extract from ADR case

In conclusion Based on the evidence provided and after conducting our own online investigation, we agree that this is a clear case of misrepresentation.

Complaint by Mr Ramos against Richer Sounds

That sounds good and it may also be useful to ask who is advising them on law which is incorrect. The reason why you can say that is because Barclays, Tesco credit, Richer Sounds, and the ADR all say it is misrepresentation, so where are they getting their advice from.

Paul

Voyager

 


@cypher915 wrote:
Latest email to Curry's
Thank you for your telephone conversation today at approx 2:00 pm . Unfortunately your continued intransigence and failure to comply with consumer law has caused me to instigate a Section 75 complaint with Santander Credit Cards who will no doubt be in touch with you. I have enclosed in my letter transcripts of all the email correspondence showing your unwillingness to comply with the Consumer Rights Act 2015 which clearly states that goods supplied must " Be as described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase." It is unfortunate that you have decided to take this stance since I offered in my conversation to pay the difference between my current TV and new model which would perfom the functions as described in your original advertising. It is up tp you to independently take the necessary action against Samsung for misleading you.
Extract from ADR case

In conclusion Based on the evidence provided and after conducting our own online investigation, we agree that this is a clear case of misrepresentation.

Complaint by Mr Ramos against Richer Sounds


 


Would you like to talk on my behalf when I go to mediation?  I feel like I might mess it up!

Explorer
Thanks for your confidence in me but I have just gleaned all the information and replies to Curry;s stonewalling tactics from the forum. Just remember to stick to your guns. Do not accept the smart things hub as this only integrates your TV to the app on your phone. They are in breach of the Act . Ask them where they have got the information that they can ignore the legislation and best of luck. I hope things work out for you and please keep the rest of us posted on the outcome. Perhaps Curry;s will finally come to their senses and act lawfully.
PS Make a note on a piece of paper to aid you when you talk to them including the relevant arguments previously posted.
Black Belt 

@cypher915 wrote:
Thanks for your confidence in me but I have just gleaned all the information and replies to Curry;s stonewalling tactics from the forum. Just remember to stick to your guns. Do not accept the smart things hub as this only integrates your TV to the app on your phone. They are in breach of the Act . Ask them where they have got the information that they can ignore the legislation and best of luck. I hope things work out for you and please keep the rest of us posted on the outcome. Perhaps Curry;s will finally come to their senses and act lawfully.
PS Make a note on a piece of paper to aid you when you talk to them including the relevant arguments previously posted.

Also use you smart phone and record the conversation and tell them you are doing so just like they will. 

Voyager

I will record the call(s) . I've been told it is not going to be a three way conversation between me, currys and the mediator but a series of phone calls between myself and the mediator and Currys and the mediator in an attempt to find a compromise  

Black Belt 

@Tyler_Durden wrote:

I will record the call(s) . I've been told it is not going to be a three way conversation between me, currys and the mediator but a series of phone calls between myself and the mediator and Currys and the mediator in an attempt to find a compromise  


I hope I am wrong but I think it could be a time wasting exercise and one designed to ware you down. The reason why I say this is because it is not binding. I think you should stick to your  guns and insist that Curry's comply with consumer law as richer sounds have done. 

Apprentice

Hi,

 

Long time lurker here :-)

 

I've used the templates here to sent a refund request to John Lewis and recieved the reply below today. It looks like they have confused that I want to claim on my gaurantee (or are perhaps time wasting!) rather than mis selling.

 

I'll respond and make it clear that I'm claiming under mis selling and let you know how I get on.

 

SENT TO JL...

 

Dear Sir / Madam,

 

Purchase of Samsung UE55KS9000 TV – Order Number xxxx

I purchased the Samsung UE55KS9000 TV from John Lewis (JL) on 17/5/16.  At the point of purchase I paid £2099 which included a 5 year warranty.  This was part of a larger purchase which included a Samsung Soundbar. I would like to return the UE55KS9000 TV as I believe I have been mis-sold.

 

The Samsung UE55KS9000 TV is not as described. This TV was advertised as "Control your connected home with SmartThings Extend".  My purchase of the UE55KS9000 was influenced by the claims made about the capabilities of the TV on the JL website.  The JL web page advertising this capability is shown here… https://www.johnlewis.com/samsung-ue55ks9000-curved-suhd-premium-hdr-4k-ultra-hd-quantum-dot-smart-t...

 

The relevant section is…

“Control Your Connected Home With SmartThings Extend.

Developed alongside SmartThings, Samsung’s SUHD TV will have built-in software to let you do anything from switching on your lights to locking your doors**. It will connect to over 200 SmartThings compatible devices and put your home under complete wireless control – all from your TV.”

Where the footnote states:

“**With free Samsung SmartThings Extend USB adapter available within 2016.”

 

Samsung has since confirmed the SmartThings Extend will never be made available, since the TV is not technically capable of supporting this and due to security concerns.  Details of this can be seen at the following website:

 

https://www.flatpanelshd.com/news.php?subaction=showfull&id=151247267

I know from other customers, that JL is already aware of this issue and has provided full refunds.  JL has been in contact with Samsung since the beginning of 2018, and this should not be used as a reason for delaying resolution of this issue.

My Rights under the Consumer Rights Act 2015

This purchase is governed by the Consumer Rights Act 2015, which states that goods purchased must match the description supplied pre-contract, such as on the packaging, advert, or description for example.  The description of the product can be clearly seen in the above web page from the JL web site.  Goods are covered for up to 6 years under the limitations act.  To be clear, the retailer is responsible not the manufacturer.

I believe that Samsung has offered to supply an alternative product to some customers, called SmartThings Hub, but this doesn’t offer the same capability.  It should be noted that the SmartThings Hub would not deliver the functionality that the John Lewis web site advertised. The originally promised functionality ‘embedded’ SmartThings Extend would have delivered control directly from the TV screen, whereas the SmartThings Hub would need to be controlled from a mobile or tablet.  It is also important to know that control over the TV is limited, for instance it is not possible to switch the TV ON from standby.  Please do not offer to supply this alternative product – it would not be acceptable.

To be clear I am not returning the goods due to a fault.  It is due to mis selling which is a breach of the Consumer Rights Act 2015.

Requested Remedy

As you are in breach of contract and I've owned the product for less than 6 years, I am within my statutory rights to ask for a refund, or a replacement (to the same value as I originally paid), at no further cost to me.

I have all of the original packaging, so I can bring the TV back in to the Norwich store.  Rather than a full cash refund, I am happy to accept store credit instead.  I believe this is a reasonable remedy.

Retail Alternative Dispute Resolution (ADR)

I am aware of other customers who have already raised this issue through the Retail ADR, and in the case against Richer Sounds, they have been successful and Richer Sounds are now offering full refunds to all KS series TV customers. The evidence is identical, and it’s reasonable to expect the same outcome from yourselves.

Conclusion

I am a loyal customer of John Lewis, and have always received excellent customer service from the company.  I look forward to receiving confirmation that you will provide the remedy set out above within 14 days of the date of this email (19/11/18).

Yours faithfully,

 

 

RECEIVED FROM JL...

 

Thank you for your email regarding your order xxxx, that consists of the Samsung 55ks9000 curved suhd tv and the Samsung hw - j7501r curved soundbar. 

Having reviewed the points that you raised regarding the functionality of the TV, specifically the smart things extend, we can advise that this would not be covered under the guarantee and therefore are unable to issue a refund in the form of in store credit as you desire.

I would like to make it clear that software in any form is excluded from the standard 5 year guarantee we offer here at John Lewis & Partners. 


If you need any more assistance regarding this enquiry please contact us via email or call our customer services on 03456 049 049 between the hours of 7am - 11pm seven days a week.

Kind Regards,

Black Belt 

@Lenny333 wrote:

Hi,

 H

Long time lurker here :-)

 

I've used the templates here to sent a refund request to John Lewis and recieved the reply below today. It looks like they have confused that I want to claim on my gaurantee (or are perhaps time wasting!) rather than mis selling.

 

I'll respond and make it clear that I'm claiming under mis selling and let you know how I get on.

 

SENT TO JL...

 

Dear Sir / Madam,

 

Purchase of Samsung UE55KS9000 TV – Order Number xxxx

I purchased the Samsung UE55KS9000 TV from John Lewis (JL) on 17/5/16.  At the point of purchase I paid £2099 which included a 5 year warranty.  This was part of a larger purchase which included a Samsung Soundbar. I would like to return the UE55KS9000 TV as I believe I have been mis-sold.

 

The Samsung UE55KS9000 TV is not as described. This TV was advertised as "Control your connected home with SmartThings Extend".  My purchase of the UE55KS9000 was influenced by the claims made about the capabilities of the TV on the JL website.  The JL web page advertising this capability is shown here… https://www.johnlewis.com/samsung-ue55ks9000-curved-suhd-premium-hdr-4k-ultra-hd-quantum-dot-smart-t...

 

The relevant section is…

“Control Your Connected Home With SmartThings Extend.

Developed alongside SmartThings, Samsung’s SUHD TV will have built-in software to let you do anything from switching on your lights to locking your doors**. It will connect to over 200 SmartThings compatible devices and put your home under complete wireless control – all from your TV.”

Where the footnote states:

“**With free Samsung SmartThings Extend USB adapter available within 2016.”

 

Samsung has since confirmed the SmartThings Extend will never be made available, since the TV is not technically capable of supporting this and due to security concerns.  Details of this can be seen at the following website:

 

https://www.flatpanelshd.com/news.php?subaction=showfull&id=151247267

I know from other customers, that JL is already aware of this issue and has provided full refunds.  JL has been in contact with Samsung since the beginning of 2018, and this should not be used as a reason for delaying resolution of this issue.

My Rights under the Consumer Rights Act 2015

This purchase is governed by the Consumer Rights Act 2015, which states that goods purchased must match the description supplied pre-contract, such as on the packaging, advert, or description for example.  The description of the product can be clearly seen in the above web page from the JL web site.  Goods are covered for up to 6 years under the limitations act.  To be clear, the retailer is responsible not the manufacturer.

I believe that Samsung has offered to supply an alternative product to some customers, called SmartThings Hub, but this doesn’t offer the same capability.  It should be noted that the SmartThings Hub would not deliver the functionality that the John Lewis web site advertised. The originally promised functionality ‘embedded’ SmartThings Extend would have delivered control directly from the TV screen, whereas the SmartThings Hub would need to be controlled from a mobile or tablet.  It is also important to know that control over the TV is limited, for instance it is not possible to switch the TV ON from standby.  Please do not offer to supply this alternative product – it would not be acceptable.

To be clear I am not returning the goods due to a fault.  It is due to mis selling which is a breach of the Consumer Rights Act 2015.

Requested Remedy

As you are in breach of contract and I've owned the product for less than 6 years, I am within my statutory rights to ask for a refund, or a replacement (to the same value as I originally paid), at no further cost to me.

I have all of the original packaging, so I can bring the TV back in to the Norwich store.  Rather than a full cash refund, I am happy to accept store credit instead.  I believe this is a reasonable remedy.

Retail Alternative Dispute Resolution (ADR)

I am aware of other customers who have already raised this issue through the Retail ADR, and in the case against Richer Sounds, they have been successful and Richer Sounds are now offering full refunds to all KS series TV customers. The evidence is identical, and it’s reasonable to expect the same outcome from yourselves.

Conclusion

I am a loyal customer of John Lewis, and have always received excellent customer service from the company.  I look forward to receiving confirmation that you will provide the remedy set out above within 14 days of the date of this email (19/11/18).

Yours faithfully,

 

 

RECEIVED FROM JL...

 

Thank you for your email regarding your order xxxx, that consists of the Samsung 55ks9000 curved suhd tv and the Samsung hw - j7501r curved soundbar. 

Having reviewed the points that you raised regarding the functionality of the TV, specifically the smart things extend, we can advise that this would not be covered under the guarantee and therefore are unable to issue a refund in the form of in store credit as you desire.

I would like to make it clear that software in any form is excluded from the standard 5 year guarantee we offer here at John Lewis & Partners. 


If you need any more assistance regarding this enquiry please contact us via email or call our customer services on 03456 049 049 between the hours of 7am - 11pm seven days a week.

Kind Regards,


I think you also need to correct them as they are referring this a add on software issue, which I know they are all now saying, they can not be responsible for add on software,  like YouTube or Netflix. But the smart things is not a software add-on but a built in hardware function that just requires the USB dongle, which was promised would be supplied at a later date free of charge. This has not happened and Samsung have themselves confirmed this. Point out that the argument they have us with Samsung not their customers who have been miss sold,  and point out that this function was heavily advertised on their advert for this TV,  unlike software applications. 

Paul

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