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Helping Hand

Ludicrous.

 

It's as if they (John Lewis) think they are not liable for misrepresentation under the Consumer Rights Act 2015, but in fact, they (John Lewis) are, and the resolution to which you are entitled is a full refund. The law is clear.

 

They know this, and are lying to you.

 

However, they have given you golden evidence. They have confirmed in writing, that they advertised the feature. It was on their website. The source of the material they choose to put up on their website is irrelevant. They are responsible for the contents of their own website. They have confirmed, in writing, that it will never be supplied. That's all you need to get your full refund. The only part of the letter which is relevant is the part leading up to "I appreciate how frustrating this will be and would like to again offer my further apologies for this.". The rest is the dishonest misleading side-stepping guff. 

 

that sentence should have said "therefore, this is a clear case of misrepresentation under the Consumer Rights Act 2015, and you are entitled to a full refund".

 

 

Voyager

Excuses I've had so far from John Lewis - in sequence:

  1. "If you wish to use your television to control Smart Things you may be interested in looking into NVIDEA Shield TV and the Smart Things Link to check if this will be a suitable option."

  2. "The information you have quoted from the website does not advise that we will provide a Samsung SmartThings Extend USB adapter. It is stated that an "additional purchase [is] necessary to connect other appliances to the TV." However, it is also stated that this may be available for free within 2016."

  3. "You may be aware that action under the Consumer Rights Act 2015 is contingent upon any faults or breaches being brought to our attention within a reasonable amount of time. We delivered the TV to you in August 2016 and we would expect that any concerns regarding the product description or regarding the TV not being fit for purpose should have been brought to our attention before now, as it is now almost 2 years since we provided the TV."

  4. Finally, an offer over the phone to provide a SmartThings hub, which I've also rejected.  I have some unique personal circumstances that make this completely infeasible.

Needless to say, I've corrected them on every point, and now my case has been escalated to the Managing Director (Paula Nickolds).  I'll keep plugging away, but thought it worth sharing the other excuses John Lewis will throw at you as you progress up the management chain.  Aside from the final escalation to Managing Director, I've been following JL's complaints procedure detailed at http://www.johnlewis.com/customer-services/shopping-with-us/complaint-process

Voyager

DELETED

Explorer

@wayneunique wrote:

Here is the reply I received this morning from John Lewis:

 

Thank you for allowing me the time to look into your concerns fully.

Having now spoken with the relevant team within the Partnership, I can confirm the information we advise on our website is given to us directly from our suppliers. In regards to the purchase of your television, Samsung advised that a USB upgrade would be available in the future but this was never released. 
 
I appreciate how frustrating this will be and would like to again offer my further apologies for this.
 
Due to the inconvenience this would cause to customers, Samsung have agreed to give a SmartThings hub worth £99.00 in place of the original upgrade. In order to arrange this, please contact Samsung on the address below:
 
support@smarthings.co.uk
 
I hope you find this helpful and are able to resolve the issue.

 

Erm, they are trying to fob me off.


As I previously posted, you need to talk to JL rather than use e-mail.  If you ring the customer services number and ask to speak to someone they should put you through to the buying office in Glasgow.  Explain that the hub does not provide the same functionality as the dongle as advertised (and web page still available) on their web site.  I would suggest asking for credit rather than cash back, personally I think that it looks like you are being fair to JL.  Also, their TVs are usually around the same price as RS anyway.

 

Good luck, mine arrives Wednesday in time for the England match 🇬🇧

Voyager

I've found that emailing John Lewis is fine, they phone you back promptly, usually within a day, and have a good escalation process. I haven't won yet, but I'm still confident.  I'm probably unique in that I really did want the SmartThings functionality on my TV so my disabled wife can switch lights, etc. on and off.

 

Also, not much point quoting the Richer Sounds Retail ADR success with them, as if you search for John Lewis on the Retail ADR site you'll find it says "The retailer that you have entered is in our database but on previous claims has refused to co-operate with us. Therefore, we are unable to take your claim forward at this stage."

Black Belt 

@rozel wrote:

@rozel wrote:

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?


There's been a bit of activity since I asked this  maybe it's been overlooked?   Can someone please advise me,  I'd  be ever so grateful.

If done through a finance company then yes you get further protection under the credit consumer act,  which if you canshiw a breach of contract which misrepresentation is then the finance company will refund all monies paid within the finance period. You can always ask them as they are governed by the credit consumer act. 

Paul


Black Belt 

@wayneunique wrote:

Here is the reply I received this morning from John Lewis:

 

Thank you for allowing me the time to look into your concerns fully.

Having now spoken with the relevant team within the Partnership, I can confirm the information we advise on our website is given to us directly from our suppliers. In regards to the purchase of your television, Samsung advised that a USB upgrade would be available in the future but this was never released. 
 
I appreciate how frustrating this will be and would like to again offer my further apologies for this.
 
Due to the inconvenience this would cause to customers, Samsung have agreed to give a SmartThings hub worth £99.00 in place of the original upgrade. In order to arrange this, please contact Samsung on the address below:
 
support@smarthings.co.uk
 
I hope you find this helpful and are able to resolve the issue.

 

Erm, they are trying to fob me off.


Yes they are and inform them that they advertised the dongle so they have misrepresented the tv and they are liable as they are the retailer not Samsung. Ask do they know the difference between the dongle and hub. Also ask do they accept the misrepresented the tv. That should be interesting and also point out that richer sounds have lost a ADR over this and are giving refunds to all their KS customers. 

Paul

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Navigator

@Boofg100 wrote:

Thanks for the info. So looks like they are not going to give me full refund and stated thats their final offer. I have no alternative now but to contact ADR now. Can you give me some advise on how I go about contacting them and what I need to state to them?


Looking on thier website it doesn't look like they recommend an ADR body. You need to contact them and say you are not happy with their final offer and want to take it to ADR. Ask them what ADR they are happy to use. If you purchased it online you can use the Online Dispute Resolution (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN). They have a number of ADR bodies that you can use, with Retail ADR being one of them. They also have a break down of the whole process. Even if they do agree they are not obliged to go with their recommendation but they probably will as they will lose if it goes to the small claims court.

Black Belt 

@tarbat wrote:

I've found that emailing John Lewis is fine, they phone you back promptly, usually within a day, and have a good escalation process. I haven't won yet, but I'm still confident.  I'm probably unique in that I really did want the SmartThings functionality on my TV so my disabled wife can switch lights, etc. on and off.

 

Also, not much point quoting the Richer Sounds Retail ADR success with them, as if you search for John Lewis on the Retail ADR site you'll find it says "The retailer that you have entered is in our database but on previous claims has refused to co-operate with us. Therefore, we are unable to take your claim forward at this stage."


I think quoting the richer sounds ADR to jl is useful as it informs them that you know you have a very strong case for misrepresentation because a qualified body has found richer sounds guilty if misrepresentation for advertising the dongle even though it is Samsung who were the one's at fault. It reinforces that the retailer is responsible for misrepresentation. That means you deal with your retailer not the manufacturer. 

Paul

Navigator

I've had final confirmation in my case that John Lewis will *not* be offering anything more than the hub. They have said this is their final decision and I am welcome to take it to court or the ADR (but they said they are not bound by the ADR so would likely ignore it)

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