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yannis_i
yannis_i Explorer
3 hours ago
In an excellent and suprising turn of events, and 2 weeks ahead of the mediation appointment I arranged with the solicitor from John Lewis, I was sent an e-mail by them that they are willing to refund the full amount of the KS7000 TV, as well as the 70 pounds of the Small Claims process!



I am not sure what led to that decision, especially so long after my original complaints correspondence which started end of June! A bit suspicious too from the fact that the email came exactly after Black Friday and Cybermonday ended lol but I cannot really complain. I think what could have helped, is that in my small claims procedure and correspondence, as well as a preparation for my mediation, I emphasized the following 4 things:



How John Lewis advertised the TV, with the exact wording being a statement of fact rather than a statement of intention (after the warning given to my by Citizen Advise with regards to my argumentation)
How the Smart Hub solution is not the same as the original functionality intended, not only from posting articles and from my technical explanation, but by specifically referencing and printing my correspondence with the Samsung CEO office that "This (the Smart Hub) will provide you with all the Smart Things capabilities originally offered with the Extend, with the exception of powering the television on and off". I posted their answer here in the forum some months ago, for me it was the most solid proof that the Smart Hub was a subset of the intended functionality, on top of any technical argumentation.
How John Lewis fully reimbursed other customers for the same Television/issue, by printing the whole thread with the successful refunds, which even points specific John Lewis case ids.
The legal framework (Consumer Rights Act) that defines full refunds in case of misrepresentation
Perhaps appearing serious enough to take this to the Court Hearing, could also be a case. I could also have been a bit lucky since I got the TV on early November 2016, so when they mentioned in the advertisement that the Smart Things Extender would come within 2016 as a statement of fact, even after the original 30 days windows of the purchase where I could attest that it does not meet the intended functionality so I can return, there would still be 30 days left for the end of 2016, so by default I had to wait beyond the return window for the statement of fact to prove true or not.



I have to say that, after a question mark on whether JL really refunds customers now, or it is still a few isolated incidents, I can attest that my case had a good conclusion too and hopefully there is a trend or even better an established policy. This in my eyes levels a bit the original disappointment from the aggressive customer service, when they tried to dissuade me from a refund with all sorts of arguments, and gives back some respect for the John Lewis brand.



Hopefully my case can help others, as much as I was helped here. I will post the results (finally) in the refunds thread too.

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Explorer
And CASE ID for the above: 09217433
Black Belt 

@yannis_i wrote:
And CASE ID for the above: 09217433

Sorry jumped the gun but I I think this could really help others. 

Explorer
Nope no worries, I was just about to as well.
First Poster

If I cancelled my credit card that I used to pay for the TV, can I use section 75?

Black Belt 

@onlyzeros wrote:

If I cancelled my credit card that I used to pay for the TV, can I use section 75?


Simple answer, yes you can.

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Apprentice

Model: 65KS8000

Retailer: Currys

Purchased: Dec 2016

Credit Card: Barclaycard 

Result: Full refund via Section 75 Claim

 

Process: 

 

19 Oct - Sent first return and refund claim to Currys via email. The usual back and forth ensued. Did not get emotional as goal was to get to their final position email as fast as possible.

21 Oct - Received final communication from Currys that no resolution beyond supplying the Smartthings Hub V2. Objective achieved to obtain this email quickly. Also, contacted Samsung via online chat etc but nearly impossible to have a proper dialogue - something that takes 5 mins to talk about takes 50 mins via chat (think the person is having 10 x simultaneous conversations) so gave up but was promised a Hub V2 via email.

23 Oct - Called Barclaycard disputes team. Was posted the Section 75 paperwork.

28 Oct - Completed the Section 75 claim paperwork providing copies of everything as detailed here. Sent it off.

1 Nov - Started calling and chasing progress. Eventually, after going thru an overseas call centre, you get transferred thru to the UK team. They were well versed in deflecting this issue and used similar arguments to Currys. “Did it not occur to you that when you bought it this feature was missing?”, “Samsung are offering a free Hub V2 and this will give you the functionality”. Stuck to my guns and advised the Smartthings was a major factor for purchase and wanted my refund.

2-3 Nov - Kept calling and nagging why no one has looked at my case. Probably got deflected 3-4 times. I insisted it was escalated, which they promised (to the “Level 2” team)

 

[Interlude: Was overseas till 17 Nov so no more chasing during this period] 

 

19-30 Nov - Kept chasing the level 2 team but as they “were so busy no one had yet been assigned the case”. This was contrary to their complaints procedures where they sate the timescales they endeavour to work to.

3 Dec - A letter arrived saying that as they had not responded as per their own complaint guidelines I was I was entitled to refer to the ombudsman if I wished.

4-11 Dec - I phoned again every 2-3 days to complain about their complaints process (they still had not assigned an individual to handle my case, said was totally unacceptable, why case manager not assigned, etc etc).

11 Dec - Get a surprise call in the evening from a case manager. He takes me through an explanation of what has happened so far as call was recorded. Thought he was setting me up for a decline, but...

 

  • Offered 2 x £25 for “letting me down? with their responses to dates. Nice.
  • Led me through the transaction with Currys and said he “disagreed with his Level 1 colleagues” and that normall6 a tetailers T&Cs of Sales exclude apps etc - but having reviewed it actually Currys T&Cs did not state such a disclaimer. “Did I know what this means to me as a result?”. I replied hopefully “That I can return the TV and am entitled to a full refund?”. “Correct”, says he. He arranged for a return label to be sent so I could return the TV. This I eventually did and they refund reasonable (up to £150) courier charges.

Dec 13 - Letter arrives from Barclaycard confirming the above.

Dec 21 - Return label arrives. Decide to leave till new year to return. Barclaycard said in a confirmation letter that it would be credited once TV is received by them.

Jan 2 - The TV was despatched via Parcelforce 24 signed-for and arrived at their office the next day.

Jan 6 - Was credited the full £1,900 plus £50 plus £140 shipping

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Any more refunds from curry's john Lewis etc etc.... 

Apprentice
Hi, I'm currently in deadlock with Currys and now need to consider legal options. Any help would be great!
Apprentice
Hi, I'm at the point where legal action is my only option left. DI'd you do anything in particular to get them to admit liability?
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