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Voyager

Also, regarding my claim against Currys. I rang and spoke to the representative from Currys Legal Services today. As the dealine for our court hearing looms I thought I would try one last attempt at a negotiation before it was too late.  

In the last couple of months the court recommended mediation and both myself and Currys agreed to try it however they have never been able to make themselves available for mediation with a third party.  Today when I spoke to her she gave me 3 days when she would be able to talk to me directly (the time frame for 3rd party mediation has passed), so I am now going to talk to her tomorrow at 4pm.

She did make clear that the conversation was "without prejudice" (I think that's the term she used) and that should we fail to reach an agreement the contents of the call were insubmissable in court.

 

Not sure what to expect from the call, but I'd appreciate any advice!

Black Belt 

@Tyler_Durden wrote:

Also, regarding my claim against Currys. I rang and spoke to the representative from Currys Legal Services today. As the dealine for our court hearing looms I thought I would try one last attempt at a negotiation before it was too late.  

In the last couple of months the court recommended mediation and both myself and Currys agreed to try it however they have never been able to make themselves available for mediation with a third party.  Today when I spoke to her she gave me 3 days when she would be able to talk to me directly (the time frame for 3rd party mediation has passed), so I am now going to talk to her tomorrow at 4pm.

She did make clear that the conversation was "without prejudice" (I think that's the term she used) and that should we fail to reach an agreement the contents of the call were insubmissable in court.

 

Not sure what to expect from the call, but I'd appreciate any advice!


I would not expect much,  and you can show you have done everything to mediate. You need to be clear about your claim because they will try to muddy the issue and say they have been reasonable about offering the free hub.  Have your arguments,  and it may be worth practicing your answers,  and have your bullet points written down,  and your time frame quite clear. 

Voyager

If negotiations fail tomorrow, do you expect them to be in court on the 5th of April? 

Black Belt 

@Tyler_Durden wrote:

If negotiations fail tomorrow, do you expect them to be in court on the 5th of April? 


They will know the other outcomes so I doubt it. 

Voyager

How late do you think they'll leave it before offering something I'll accept? Court date is 2 weeks on Friday!

Voyager

@spellinn wrote:

i thanks for that.  Can you explain a bit more,  because it was Samsung that first offered the hub,  and then the retailers started using it. 

Can you inform us where this info came from. 

Thanks

Paul


This is the excert from my court submission refuting the functionality offered by Currys as the solution to the missing hub:

 

"Whilst Samsung have agreed to provide a SmartThings hub, this device does not provide the same functionality as the integrated SmartThings Dongle as control and notifications are moved to a separate Smartphone or Tablet app that is used to control the smart home devices (see page 2 of the SmartThings Hub manual).

 

The only functions available using the separate hub with the TV as a “Thing” (according to the Samsung website) https://support.smartthings.com/hc/en-gb/articles/210766566-Samsung-TV-as-a-Thing ) are:

TV Controls

With SmartThings, you can control the following functions of your TV:

  • Power off
  • Channel control
  • Volume control (set value via slider, mute/unmute)”

 

The three functions above are vastly inferior to the originally advertised functionality (see exhibit #5 from the Currys website):

 

“SmartThings allows consumers to access all of their smart devices directly from their smartphone and SUHD TV, rather than having to control individual devices with a multitude of separate apps” – not possible with the separate hub

 

“With an outdoor camera connected to their Samsung Smart TV, customers can check when visitors arrive and choose to open their front door, directly from their sofa” – not possible with the separate hub

 

“Motion sensor alerts can also pop-up directly on the TV screen, if movement outside the home is picked up, providing more security and peace of mind, whether at home or away” – not possible with the separate hub

 

“The SmartThings application’s Cinema Mood also makes it easier than ever to create the perfect home theater environment. It enables consumers to automatically adjust everything from ambient lighting to surround sound, so they can instantly provide the optimal movie viewing experience.” – control of lighting from the TV is not possible even with the separate hub.

 

As existing Smart home devices such as lights, heating, sensors and cameras cannot be viewed or controlled from the TV, even with the offered SmartThings hub, this offer is not sufficient to replace the advertised functionality now missing from the TV and is thus rejected"

 

Hope that helps.

 

Regards

 

Neil


How are things going for you Neil @spellinn ?  Do you have a court date yet?

Explorer

@Tyler_Durden wrote:


How are things going for you Neil @spellinn ?  Do you have a court date yet?


I have a mediation appointment at the start of April. If we can't reach a compromise, then we'll go to court after that.

 

Voyager
You've done well to get a date for mediation from Currys. The mediation department gave Currys 6 dates to chose from for which they were all busy!
I'd be very interested to hear how it goes, especially if it happens before my court date on the 5th.
Voyager

I've just come off the phone with Currys Legal and their position hasn't really changed. In fact they revoked their original deprecated payment offer of £1374.23, but upped their "keep the TV, good will" offer from £200 to £300, and agreed to pay my £105 Online Money Claim and £170 Court Hearing Costs on top of that.

 

I've told them I'll see them in court.

Black Belt 

@Tyler_Durden wrote:

I've just come off the phone with Currys Legal and their position hasn't really changed. In fact they revoked their original deprecated payment offer of £1374.23, but upped their "keep the TV, good will" offer from £200 to £300, and agreed to pay my £105 Online Money Claim and £170 Court Hearing Costs on top of that.

 

I've told them I'll see them in court.


I am sure they will up it before court. 

They do not want to give a good offer because it would set a president. 

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