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Big Cheese

@daleski75 wrote:

Letter of intent posted to currys with a hard copy of the website showing the dongle as well as hard copies of the email correspondence with team knowhow showing they never once denied mis-selling and could not come back with anything to do with "reasonable times" when it came to consumer law.

 

Should get a written response back within 28 days and I suspect they will be happy to go to court on this.


I very much doubt it. If they were to lose it would cost a fortune as it would allow everyone a refund. They have not denied mis selling and don't show your hand. The actual cost of small claims is small and before that talk with Citizens Advice, and they will advise you on the strength of your case. If necessary we should look at crowd funding.

Paul

Helping Hand

@paul1277 wrote:

@daleski75 wrote:

Letter of intent posted to currys with a hard copy of the website showing the dongle as well as hard copies of the email correspondence with team knowhow showing they never once denied mis-selling and could not come back with anything to do with "reasonable times" when it came to consumer law.

 

Should get a written response back within 28 days and I suspect they will be happy to go to court on this.


I very much doubt it. If they were to lose it would cost a fortune as it would allow everyone a refund. They have not denied mis selling and don't show your hand. The actual cost of small claims is small and before that talk with Citizens Advice, and they will advise you on the strength of your case. If necessary we should look at crowd funding.

Paul


Waiting for feedback from Trading Standards and Currys first to see how far they will take it and upon that point if they are willing to go to court I will speak to citizens advice to see if they think i truly have a case or not.

Helping Hand

Dear Mr *****,

 

Thank you for your enquiry dated 6th January to the Citizens Advice consumer service. Your reference number is *****. Please accept our apology in the delay in responding to your enquiry.

 

We understand that you purchased a TV from a Trader on the 25th July 2016. You have stated that you feel that the goods are not as described as per the advert on their website.

 

Your rights and obligations

 

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.  This could also be as per the sample shown, or the model shown.

 

You can argue for a repair or replacement, any repairs that are carried out should be free and replacement should be on a like for like basis, both of these should be done within a reasonable time and without causing yourself any significant inconvenience. You as the consumer do only have to allow for one repair or replacement, and the trader may choose the most cost effective remedy of doing so. If the Trader cannot repair, or replace the item you would then be able to exercise the next tier of your remedies which would give you two options to be able to keep the goods and seek a partial refund, or to exercise the final reject of the goods where you would return them to the trader for an appropriate refund. As it is more than 6 months since purchase, this would take into account any usage.

 

Goods are covered for up to 6 years under the limitations act.

 

If you wish to request this remedy the burden of proof would be upon yourself to prove to the trader that they are in breach. In this circumstance this could be done by measuring the item against the measurements specified on the packaging, or referring to the advert, or description for example.

 

You would be within your rights to claim any standard delivery costs in relation to returning the item, or for any costs as per the Trader’s terms and conditions and/or how they have instructed you to return the item.

 

Your next steps

 

We would suggest you to put your complaint in writing which can be seen as a more formal approach to the trader. The Citizen Advice website has template letters  available that you may find useful and give yourself guidance. What we would suggest is if you decide to send a letter, we advise recorded delivery and keep a copy for yourself, this starts the paper trail between yourself and the trader; however it is also proof of postage.

 

Please be aware that if the product is on finance, you will need to pursue the finance company rather than the trader for any remedy, as this is whom your contract in law is with.

 

Additionally, or if you have already followed the above steps, we would advise you to see if the trader has a complaints procedure and is part of an Alternative Dispute Resolution scheme, this is abbreviated to ‘ADR’. What these schemes do is act as a mediator between two parties to help come to a resolution sooner than going to court.

 

There is a link to our website here, which details the ADR process in greater detail: Alternative Dispute Resolution.

 

If you are unable to get your situation resolved following the above steps, you would then need to pursue the matter through the small claims court. You can make a claim via their website here Small Claims Court. Please be aware however, you will need to have exhausted all other steps first before issuing any claim as a Judge will ask you to demonstrate what practical steps you have taken to resolve the situation with the Trader first.

 

What we’ll do

 

We will notify Trading Standards, whilst this does not help to resolve your specific issue it does give Trading Standards vital intelligence of how the trader is operating their business. If Trading Standards require any further information, they will be in touch.

 

If you require any further advice or information about this case, please do not hesitate to contact the Citizens Advice consumer service by return email or on 03454 04 05 06, quoting, your reference number.

 

Kind regards,

 

Paul

Citizens Advice Consumer Service

Tel: 03454 04 05 06

Web: www.citizensadvice.org.uk

Hotshot 
@Sam-Knp wrote:

Update (10/01/18) 

Got a call from my local JL store (technical services) and the lady told me that they spoke to the "inhouse" samsung rep

and he told them that if the firmware is upto date the KS users will get HLG (ha ha ha!) - I told her categorically that this is about the BBC iPlayer HLG version..and she kind of understood - instead asked me to send them all the correspondence (which I have) to her..

 

Second set of call came from JL (central tech team) and the guy addresses HLG as "High Light Gamma" and I knew instantly that he didnt had a clue of what he was talking about..anyway I told him the story and he said BBC iplayer still in beta stage - and I confronted him by telling him that it went live with full series of blue planet 2 on Dec 10th

(probably I was more informed than he was!), so we hung up with the promise from JL that they are looking into this.. they never touched the subject of the "smartthings" yet!

Thta's good in that they may learn something and are actually loking into it and could be some pressure on to Samsung.

Navigator

Hi all,

 

Its nearly 14 days since my letter to John Lewis  in regard to the misselling of my 49KS8000 TV purchased in Aug 16. I set out in my letter to them the misselling arguments around the dongle with evidence from Samsung at CES 2016 and followed up by the advert for it still on their website. I am now thinking about my next move.

 

I think I will send a follow up email with the following

 

  • Ask if, not already considered, to consider this a complaint
  • Advise them of my intent to consult Citizens Advice regarding misselling of the TV
  • Advice them of my intent to contact Trading Standards with a view to sending JL a Letter of Intent
  • Advise them of my intent to contact my credit card provider with a view to pursueing a Section 75

The thinking behind letting them know I will be taking these actions gives them a small window to reply, hopefully, favourably.

 

I am really interested in peoples views on my suggested course of action. Do people think any of this approach contradictory? Or perhaps should i pursue one course over another etc?

 

Happy for any views.

Cheers

Helping Hand

@rosscouk wrote:

Hi all,

 

Its nearly 14 days since my letter to John Lewis  in regard to the misselling of my 49KS8000 TV purchased in Aug 16. I set out in my letter to them the misselling arguments around the dongle with evidence from Samsung at CES 2016 and followed up by the advert for it still on their website. I am now thinking about my next move.

 

I think I will send a follow up email with the following

 

  • Ask if, not already considered, to consider this a complaint
  • Advise them of my intent to consult Citizens Advice regarding misselling of the TV
  • Advice them of my intent to contact Trading Standards with a view to sending JL a Letter of Intent
  • Advise them of my intent to contact my credit card provider with a view to pursueing a Section 75

The thinking behind letting them know I will be taking these actions gives them a small window to reply, hopefully, favourably.

 

I am really interested in peoples views on my suggested course of action. Do people think any of this approach contradictory? Or perhaps should i pursue one course over another etc?

 

Happy for any views.

Cheers


 

If you inform them of your actions they won't do anything as they could treat them as an idle threat so I personally would advise wait until the 14 days are up then send them the letter of intent.

 

Contact Citizens Advice  as well with your case and they will advise and keep a copy of everything (hard copies) and make sure any letters are sent recorded delivery this starts the paper trail and JL won't be able to get out of this.

 

Here is also a copy of my letter of intent which you can amend and send.

 

Ref: Mis-selling of goods


Dear Sir/Madam,


I am writing in compliance with the Practice Direction on Pre-Action Conduct with regards to the following matters which have arisen between us:

 

I am writing with regards to a purchase made on the 25th of July 2016. I would like to return the goods as I have been mis-sold.

The Samsung 55KS7000 is not as described. At the point of purchase, I paid £1399. I was led to believe that the TV would come with a smart things extender (see link below from your website) which it didn’t and I only brought this on reading this would be enabled and supplied with the television.

Here is a link from your website as well as an extract for further proof.

http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/

 

As a result of these matters I am entitled to and intend to claim the following:

A full refund of £1399 or a replacement of my choosing.

 

I intend to rely on the following documents in support of my claim:

A copy of the website stating the television would come with the Smart Things Extender.

 

If you dispute my claim I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

In this regard, I would invite you to put forward any proposals.

 

I look forward to hearing from you within the next 28 days. Should I not receive a response to my letter within this time frame, then I anticipate that a legal claim will be commenced forthwith.


Yours sincerely,

Dale *****

Big Cheese

@rosscouk wrote:

Hi all,

 

Its nearly 14 days since my letter to John Lewis  in regard to the misselling of my 49KS8000 TV purchased in Aug 16. I set out in my letter to them the misselling arguments around the dongle with evidence from Samsung at CES 2016 and followed up by the advert for it still on their website. I am now thinking about my next move.

 

I think I will send a follow up email with the following

 

  • Ask if, not already considered, to consider this a complaint
  • Advise them of my intent to consult Citizens Advice regarding misselling of the TV
  • Advice them of my intent to contact Trading Standards with a view to sending JL a Letter of Intent
  • Advise them of my intent to contact my credit card provider with a view to pursueing a Section 75

The thinking behind letting them know I will be taking these actions gives them a small window to reply, hopefully, favourably.

 

I am really interested in peoples views on my suggested course of action. Do people think any of this approach contradictory? Or perhaps should i pursue one course over another etc?

 

Happy for any views.

Cheers


Go for it and it my help if you include the Citizens Advice reply posted here recently.

Paul

Navigator

Thanks daleski75, seeing the letter as well is really helpful.

 

How did you contact citizens advice? I have found the number I think but just checking what you did.

 

Once the 28 days elapse, what actually might happen after, what would the next step be?

Navigator

Thanks Paul1277.

 

Its seem the letter of intent, once I have contacted citizens advice, may be the way to go. Should I do this AND explore the section 75 concurrently? Any thoughts?

Helping Hand

@rosscouk wrote:

Thanks daleski75, seeing the letter as well is really helpful.

 

How did you contact citizens advice? I have found the number I think but just checking what you did.

 

Once the 28 days elapse, what actually might happen after, what would the next step be?


I filled in one of their online forms and they contacted me by email, and by law they have to respond within 28 days and it would depend on what they come back with first of all which would depend on your next steps.

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