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KS Owners refund

Big Cheese

@daleski75 wrote:

Response from Currys looks like they are happy to go to court.

 

Dear Dale,

 

Case reference: *****

 

 
Thank you for your email dated 5th January 2018.  I would have liked to discuss this further over the telephone, however, it was not possible to locate a contact number for you.
 
I am sorry that we can't remedy this to your satisfaction.  Any instances of miss-sale would need to be raised within  reasonable time.  I understand you know escalate this legally and apologise you feel the need to do this.
 
Although this may not be the response you were looking for I trust we have clearly explained our position on this matter. 
 
Kind regards,
 
Tom *****
Team Knowhow

They can not afford to goto court because when they lose it will be very embarrassing for them and open the door for every one. They are doing their best to try to contain this. A letter of intent costs a stamp. Make sure you have copies of the web pages as proof. Also use section 75 credit consumer act. Just phone you credit or store card issuer and start the process, cost nothing. If they are not helpful report them to the FSA who will investigate, again cost nothing.

Navigator
Bought my KS9000 in Nov 2016, sent a letter to JL today, let’s hope for the best
Big Cheese

Also don't forget this link

 

https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/m-p/372447/highlight/false#M6794

 

promising HDR10 + for 2016 set's. This is also miss selling.

Big Cheese

@paul1277 wrote:

Also don't forget this link

 

https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/m-p/372447/highlight/false#M6794

 

promising HDR10 + for 2016 set's. This is also miss selling.


Sorry this link

 

https://news.samsung.com/global/how-hdr10-creates-like-real-images

 

Samsung tried to say only US sets were getting this update but I think this link is qutie clear it is global.

Paul

Hotshot 
@crashcris wrote:

Jones1... The smartthings dongle pledge made by Tim Baxter COO of Samsung Electronics can be seen on the video of the 2016 CES event. Just watch the first 1.5mins.

 

https://www.youtube.com/watch?v=bg11S-UZGv8

 

The pledge to supply these is unequivocal and was made before you purchased your set.

 

All I can say is magic. Some off the reply's you have had from Curry's say you should do your research, and I remember watching that but could not find the clip. I pretty sure it was early 2016. 

Also do not be put off wich this time issue. Did it mention anything about a time limiton the which tool? No.

It's part of the disinformation. I am some what pleased that they have not come out and denyed the miss selling, that should say a lot.

 

Paul l

Helping Hand

I have contacted trading standards and lodged a formal complaint against currys and I also have a letter of intent drafted just need to get this printed and sent on Monday by recorded delivery.

Helping Hand

I might have a case for section 75

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-cr...

 

Section 75 only applies where goods or services are bought using types of consumer credit where arrangements are already in place between the supplier of the goods and the provider of the credit. When the consumer uses that credit to make a purchase, this creates the necessary connection between the consumer, the lender and the supplier.

 

For section 75 to apply, the provider of the credit and the supplier of the goods need to be separate businesses. Occasionally we see a complaint where the supplier of the goods has itself made the loan to the consumer to buy the goods - so no claim is possible under section 75.

 

Supplier of finance - creation

Supplier of goods - currys

Hotshot 

I would like to address the issue of people who bought using the store's credit, either interest free or not. Believe it or not you have as much, if not better protection, and read on as there could be a nice surprise at the end.

I had an issue 20 years ago when I bought a TV, video player, and Sat system on an interest free store loan. I found out the Sat system was second hand, but had been sold to me as new. I complain to the retailer and was fobbed off (again raise the issue with the retailer and keep copies). I did a bit of research and found that under the 1974 credit act when you buy an item on a loan agreement that item again must be as described and you enter into a legally binding contract. Once you sign and pay the deposit the goods are legally yours. Here is the kicker (for the retailer) if there is a breach of that contract i.e. by miss selling then you are entitled to a full refund of all monies, and you also get to keep the item, as it is legally yours. The agreement can not be enforced if there is a breach, so you can advise the loan company that due to the miss selling of that item you are with holding payments until the breach is readied. I have been through this process and it worked. It did not cost me a penny and I got a full refund from the loan company, and kept the equipment. I did not have to threaten court either and again I think the FSA will investigate if you are fobbed off.

That link that shows the smart connect video I think proves miss selling, and again I do not think there is a time limit whilst you are still paying. I am not sure about when the loan has finished but Trading Standards should know. I always think a interest free load with a deposit over £100 paid on your credit card is the best way as you get far more protection, you section 75, 1974 consumer credit regs, and Oct 2015 European regs. I am not sure if you only have to pay the deposit with a credit card to get the section 75 protection. Some one already said when you do a section 75 claim you can leave it to the credit card company and the retailer to sort it out. I sure the retailer can give porkies to the credit card company.

 

Paul

again

Hotshot 

Here are the basic facts about section 75 I have copied from this site

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-cr...

 

what went wrong?

Section 75 only helps the consumer where there has been either a breach of contract or a misrepresentation by the supplier of the goods and services. These are legal terms. But for the purpose of section 75 and put very simply:

  • A breach of contract is where the supplier fails to do what the contract says it must, either expressly or by implication.
    For example, there is a breach of contract where goods that have been paid for are not supplied at all, or are not up to standard.
  • A misrepresentation is an incorrect statement of fact that causes the consumer to go ahead with the contract. 
    For example, there is misrepresentation if the supplier persuades a consumer to buy an expensive piece of software - by telling him wrongly that it will be compatible with his existing PC operating system.

We do not expect consumers to make complicated legal arguments about breach of contract or misrepresentation. Instead, we ask the consumer to tell us exactly what happened, so that we can assess for ourselves whether there are grounds for a successful claim under section 75.

In some of the cases we see, there is a question about whether the person who contracted to buy the goods is the sameperson who was provided with the credit.

This is important because of the connection between the consumer, lender and supplier that is necessary for section 75 to apply. Where this question arises, we consider this point first, taking into account the facts in the case - and then we go on to look further into the complaint, if we decide that the transaction is covered by section 75.

common misunderstandings

The complaints we see show that there are frequent misunderstandings by consumers and businesses about how section 75 works. Here are some of the most common misunderstandings we see:

Section 75 gives an automatic entitlement to a refund, if credit was used to fund the purchase.

No. There is no automatic entitlement to a refund under section 75. Instead, the consumer has the same claim against the lender that they would have against the supplier of the goods, if there were a misrepresentation or a breach of contract by the supplier.

You have to take the supplier to court before you can claim against the lender under section 75.

No. The consumer does not have to take the supplier to court before making a claim against the lender under section 75. In most of the cases we see, the consumer will have complained initially to the supplier - because this is usually the quickest way to get things put right. But the law does not require the consumer to pursue the supplier first, for section 75 to apply.

All purchases made with plastic cards are covered by section 75.

No. Section 75 only covers transactions made using consumer credit. So only transactions made with credit cards (including most store cards) are covered. Transactions made using other types of plastic cards - like charge cards or debit cards - are notcovered by section 75.

Section 75 gives you a "cooling-off" period.

No. By itself, section 75 does not give any "cooling-off" period to the consumer. So, for example, section 75 would not allow a consumer to cancel a transaction following a change of heart about a purchase.

You can claim under section 75 if you do not get value for money.

No. Section 75 gives the consumer a right to claim against the lender in specific circumstances - where there was a misrepresentation or a breach of contract by the supplier. But there is no claim simply because, for example, you find you could have bought the same goods at a better price somewhere else - or if, on reflection, you feel the purchase was not worth the money.

If you bring a claim under section 75, the most you can get back from the lender is the amount of the credit.

No. Where section 75 applies, it gives the consumer exactly the same claim against the lender as they would have against the supplier of the goods or services, if there were a misrepresentation or a breach of contract by that supplier. This might be more than, or less than, the amount of the credit transaction - depending on what happened.

 

Paul 11

Hotshot 

I have just been thinking more about the section 75 route and it becomes attractive because the credit card companies do the work and it's free. It does say you should firstly deal with the retailer, which some of you have with typical denails, which when you look at the regs again there seem's to be no time limits!

That's fine because you have now done the first requirement. You could if you wanted to is send another email to your retailers, informing them that you are now going to contact the FSA for support and assistant in claiming a refund for misrepresentation (posh way of saying miss selling), under the 1974 Consumer Credit act section 75.

You will need to supply all you evidence for this but I do not think that will be hard.

When someone gets a refund under this it will open the doors for every owner who has been given or seen advertising material which was incorrect, and as there is only one FSA I would think their judgement will affect us all in a good way.

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