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I had thought the law isn't quite as black and white and the legal process would look at whether both parties had made reasonable endeavours prior to resolve prior to court. The JL position was as below.

"Since you initially contacted us, we’ve been in regular contact with Samsung in order to seek a suitable resolution. In doing so, Samsung advised that unfortunately, for technical reasons they were unable to release the SmartThings Extend dongle, however for customers seeking SmartThings connectivity, they can provide their SmartThings Hub, with the confidence of consistent performance. This will be provided free for charge to customers who purchased selected 2016 televisions; which includes the television you purchased. 

Being aware of your concerns surrounding the above proposed solution, we asked Samsung to confirm exactly what the hub would do and how this compares to what was initially offered. Samsung confirmed the following;

“SmartThings features & functionality are not dependant on which device is acting as the Hub. SmartThings control is not possible on the TV due to technical reasons. All features & functionality are available for the user through the interface on their mobile device noting the control is the same or better than if it was on the TV. SmartThings users are currently using all features & functionality utilising the SmartThings Hub, therefore the supply of such “Free of charge” will enable customers to experience and enjoy SmartThings with the confidence of consistent performance.”

To clarify what SmartThings control would be available directly from the television, Samsung have advised:

“No control is available on the TV. If you need to view the SmartThings app on the TV it is possible to Mirror your phone on the TV via either the Smart View app (on iOS and Android) or Samsung Connect (on Samsung devices). Note that the control is still done via the mobile device.”

Explorer

@ewanstancarr wrote:

Samsung advised that unfortunately, for technical reasons they were unable to release the SmartThings Extend dongle

SmartThings control is not possible on the TV due to technical reasons. 

No control is available on the TV.


In my opinion, I would say those comments, which JL confirm came direct from Samsung, strengthen your case not weaken it. It is absolute confirmation from the manufacturer that the tv is not capable of a feature that was a selling point. 

Explorer

@ewanstancarr wrote:

Just so I'm clear can anyone confirm they got a refund from JL on the basis of the "dongle" alone. I was in dialogue for months and JL stated categorically they had offered all customers in my position the same deal...and this was far from a refund. If anyone is prepared to give me details I'll go back to JL


I’ve just ordered a LG B7 from John Lewis to replace my KS8000.  Unfortunately they also want back the bundled 4k DVD player as well but that’s life.  I was offered a Smart Things box after they had consulted with Samsung but told them it was either the dongle or a replacement tv.  To be fair JL have been good on this which is why I will continue to buy from them.  The process from end to end took about 2.5 weeks.

 

TV will arrive on Wednesday in time for the England match (and now Wimbledon).  Happy days.

Voyager

Guys

 

If I start to persue a claim against Currys, will it make any difference that I purchased via their 6 months Buy Now Pay Later Offer?

Explorer

@sewarner wrote:

@ewanstancarr wrote:

Just so I'm clear can anyone confirm they got a refund from JL on the basis of the "dongle" alone. I was in dialogue for months and JL stated categorically they had offered all customers in my position the same deal...and this was far from a refund. If anyone is prepared to give me details I'll go back to JL


I’ve just ordered a LG B7 from John Lewis to replace my KS8000.  Unfortunately they also want back the bundled 4k DVD player as well but that’s life.  I was offered a Smart Things box after they had consulted with Samsung but told them it was either the dongle or a replacement tv.  To be fair JL have been good on this which is why I will continue to buy from them.  The process from end to end took about 2.5 weeks.

 

TV will arrive on Wednesday in time for the England match (and now Wimbledon).  Happy days.



Thats good news! That's now 2 people who have had success with JL. I tried back in Feb but got fobbed off so will try again today.

 

Can I ask, did you use customerservices@johnlewis.com? And also would you mine posting or PM'ing the successful email you sent to JL? (cheeky I know! ;-) )

Explorer

Hi guys needs some advise, been following developments for some time. I purchased KS8000 in Aug 2016 from Currys. I have asked for a refund used the template from the first page.  So they came back with they can only offer me a partial refund of around £700 (orginal price £1300). This is what they said : We are able to offer you a partial refund of the TV to its current value. This is calculated based on the date of purchase and the price originally paid giving us a figure, after 21 months. As the problem was caused by the manufacturer after sale was completed, due to early take up of a planned manufacturer action which was not completed as was originally proposed, and completely beyond our control.

 

So i replied :

 

I understand that Samsung have changed their stance but you guys had this advertised on your site. I had to seek out that this is not available and you Currys have not been pro active in contacting their customers regarding the issue. The purchase was made from Currys, so it is Currys duty and please refer to consumer rights act 2015 and within the 6 years of purchase, I have a right to obtain a refund. As mentioned Richer sounds have issued a refund to customers regarding this case

 

Their final reply was : 

 

Due to the change of stance by the Manufacturer we are able to offer the partial refund as advised which is fully in line with the Consumer Rights Act 2015, we have to take into account you have had use of the TV for 21 months. The Consumer Rights Act 2015 enables us to issue you a partial refund for goods which has been used for up to 6 years. As such we do take into account the amount of use had (age wise) with the TV. The amount offered was the highest amount we could do so. This was offered due to the above Act and is fully in compliance with its conditions.

Voyager

@Boofg100 wrote:

Hi guys needs some advise, been following developments for some time. I purchased KS8000 in Aug 2016 from Currys. I have asked for a refund used the template from the first page.  So they came back with they can only offer me a partial refund of around £700 (orginal price £1300). This is what they said : We are able to offer you a partial refund of the TV to its current value. This is calculated based on the date of purchase and the price originally paid giving us a figure, after 21 months. As the problem was caused by the manufacturer after sale was completed, due to early take up of a planned manufacturer action which was not completed as was originally proposed, and completely beyond our control.

 

So i replied :

 

I understand that Samsung have changed their stance but you guys had this advertised on your site. I had to seek out that this is not available and you Currys have not been pro active in contacting their customers regarding the issue. The purchase was made from Currys, so it is Currys duty and please refer to consumer rights act 2015 and within the 6 years of purchase, I have a right to obtain a refund. As mentioned Richer sounds have issued a refund to customers regarding this case

 

Their final reply was : 

 

Due to the change of stance by the Manufacturer we are able to offer the partial refund as advised which is fully in line with the Consumer Rights Act 2015, we have to take into account you have had use of the TV for 21 months. The Consumer Rights Act 2015 enables us to issue you a partial refund for goods which has been used for up to 6 years. As such we do take into account the amount of use had (age wise) with the TV. The amount offered was the highest amount we could do so. This was offered due to the above Act and is fully in compliance with its conditions.


Just double check with citizens advice bureau or ADR, I think they are applying faulty goods clause, not sure if same reduction applies to miss selling as well, please note that it does not matter if manufacturers change their stance, it is the retailer who is ultimately responsible because they have taken the money, retailer should follow it up with the supplier

Black Belt 

@hdmi wrote:

@Boofg100 wrote:

Hi guys needs some advise, been following developments for some time. I purchased KS8000 in Aug 2016 from Currys. I have asked for a refund used the template from the first page.  So they came back with they can only offer me a partial refund of around £700 (orginal price £1300). This is what they said : We are able to offer you a partial refund of the TV to its current value. This is calculated based on the date of purchase and the price originally paid giving us a figure, after 21 months. As the problem was caused by the manufacturer after sale was completed, due to early take up of a planned manufacturer action which was not completed as was originally proposed, and completely beyond our control.

 

So i replied :

 

I understand that Samsung have changed their stance but you guys had this advertised on your site. I had to seek out that this is not available and you Currys have not been pro active in contacting their customers regarding the issue. The purchase was made from Currys, so it is Currys duty and please refer to consumer rights act 2015 and within the 6 years of purchase, I have a right to obtain a refund. As mentioned Richer sounds have issued a refund to customers regarding this case

 

Their final reply was : 

 

Due to the change of stance by the Manufacturer we are able to offer the partial refund as advised which is fully in line with the Consumer Rights Act 2015, we have to take into account you have had use of the TV for 21 months. The Consumer Rights Act 2015 enables us to issue you a partial refund for goods which has been used for up to 6 years. As such we do take into account the amount of use had (age wise) with the TV. The amount offered was the highest amount we could do so. This was offered due to the above Act and is fully in compliance with its conditions.


Just double check with citizens advice bureau or ADR, I think they are applying faulty goods clause, not sure if same reduction applies to miss selling as well, please note that it does not matter if manufacturers change their stance, it is the retailer who is ultimately responsible because they have taken the money, retailer should follow it up with the supplier


Bless them again and yes they are trying to confuse you buy using the faulty goods part which they are correct. But this is about misrepresentation which you must point out ant their is a 6 year limit and full refund.  The reason you are entitled to a full refund is due to you not having full use from day one.  Again reply and point that out.  Also tell them that richer sounds have lost a ADR and are now giving full refunds.  The full judgment is on this thread about a week back. As I have said it looks like they are playing the long game and trying to confuse the issue. It took me 6 months and an intention to take legal action against them by registered letter before they refunded. 

Paul

Black Belt 

@ewanstancarr wrote:

I had thought the law isn't quite as black and white and the legal process would look at whether both parties had made reasonable endeavours prior to resolve prior to court. The JL position was as below.

"Since you initially contacted us, we’ve been in regular contact with Samsung in order to seek a suitable resolution. In doing so, Samsung advised that unfortunately, for technical reasons they were unable to release the SmartThings Extend dongle, however for customers seeking SmartThings connectivity, they can provide their SmartThings Hub, with the confidence of consistent performance. This will be provided free for charge to customers who purchased selected 2016 televisions; which includes the television you purchased. 

Being aware of your concerns surrounding the above proposed solution, we asked Samsung to confirm exactly what the hub would do and how this compares to what was initially offered. Samsung confirmed the following;

“SmartThings features & functionality are not dependant on which device is acting as the Hub. SmartThings control is not possible on the TV due to technical reasons. All features & functionality are available for the user through the interface on their mobile device noting the control is the same or better than if it was on the TV. SmartThings users are currently using all features & functionality utilising the SmartThings Hub, therefore the supply of such “Free of charge” will enable customers to experience and enjoy SmartThings with the confidence of consistent performance.”

To clarify what SmartThings control would be available directly from the television, Samsung have advised:

“No control is available on the TV. If you need to view the SmartThings app on the TV it is possible to Mirror your phone on the TV via either the Smart View app (on iOS and Android) or Samsung Connect (on Samsung devices). Note that the control is still done via the mobile device.”


The law is black and white that is why richer sounds lost the Alternative Dispute Resolution claim and now giving all their KS owners refunds. I have dealt with Samsung and know their tactics,  which is to confuse and miss lead. The issue is not with Samsung but with your retailer and please everyone remember that.  Samsung have been known to lie and miss lead,  that is why we are here. They have been using that free hub since nearly day 1, and it did not wash with richer sounds. The hub does not allow you to control anything from your tv.  No surveillance cameras or any thing like that. You we're  promised with the dongle the the tv could be the heart of the Internet of things.  I thing that is a pretty big function (not app) that Samsung have admitted to not now supplying as was promised by your retailer. The retailer under the law has to give you a refund

if the have miss represented they products. As you can see from the reply they are not denying the misrepresentation but trying to mitigate it,  which it becomes your choice if you want to except their offer or ask for refund. Remember faulty goods can be less do to time had,  but not with misrepresentation as you have not had the full use from day one. Infant you have been very patient waiting for the dongle and I would be very annoyed at the retailers very poor way they are treating (me). Be blunt and make it quite clear you are not happy. Also use social media and tell the world how bad they are,  that is the sort of push they need. 

Paul

Explorer

@matlough wrote:

@sewarner wrote:

@ewanstancarr wrote:

Just so I'm clear can anyone confirm they got a refund from JL on the basis of the "dongle" alone. I was in dialogue for months and JL stated categorically they had offered all customers in my position the same deal...and this was far from a refund. If anyone is prepared to give me details I'll go back to JL


I’ve just ordered a LG B7 from John Lewis to replace my KS8000.  Unfortunately they also want back the bundled 4k DVD player as well but that’s life.  I was offered a Smart Things box after they had consulted with Samsung but told them it was either the dongle or a replacement tv.  To be fair JL have been good on this which is why I will continue to buy from them.  The process from end to end took about 2.5 weeks.

 

TV will arrive on Wednesday in time for the England match (and now Wimbledon).  Happy days.



Thats good news! That's now 2 people who have had success with JL. I tried back in Feb but got fobbed off so will try again today.

 

Can I ask, did you use customerservices@johnlewis.com? And also would you mine posting or PM'ing the successful email you sent to JL? (cheeky I know! ;-) )


Guys

 

I e-mailed JL at customerservices@johnlewis.com and all the e-mail really stated was regarding the missing dongle and mis-selling.  Other info if you want to quote it is on page 1 but to be honest JL are only interested in talking about the dongle.  You can send them a pdf of the web page with the advert (I didn’t) which can be found by typing into google ‘John Lewis Ue55KS8000’ which will give you the web page of my model, other models are also there.  I also asked for a credit to purchase an alternate tv, I didn’t as for a cash refund.  

 

It it will take some chasing, initially ringing the customer services number.  They ultimately pass this to the buying office who will provide the credit.  The key is to be patient and have a friendly manner.  They may offer you a separate device but push for the dongle.  JL have been fair with me, I hope everyone else has the same result.  

 

I would be interested to know whether Samsung pick up any charge for all of the returns?

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