Yes, I'll bet they were!
No lawyer in their right mind would want to sit in front of a District Judge (or Scottish equivalent) and argue it was anything other than misrepresentation!
Out of interest, did they ask you to sign an NDA?
No. In fact John Lewis and their solicitor have been helpful and efficient in settling this.
NDA are not something companies can insist on for certain things and there are strict rules on when and when you can use them.
Pleased you are happy with the settlement and could you please post your result in the ks refunds results page, and perseverance won for you in the end. Funny how when there is serious threat of court they change tunes. Just need Curry's to do the same know.
I've sent this.
"Dear Ms *****
I’m not asking for comments on other retailers merely pointing out that they are abiding by the law in the hope that Currys might decide to do the same thing.
I don't think it's reasonable for you to ask me to wait for an indefinite period for your final position from HQ, especially when you originally said on the telephone I would get an answer within 2 weeks.
Your current offer is not acceptable as I am legally entitled to a full refund under current UK law.
Please raise the full refund amount and let that be the end of this.
Yours sincerely "
Sounds good, see what comes back. You could also point them to ks owners refund results thread.
Further thoughts on the non disclosure I don't think they can insist on you signing one if it is to cover illegal acts which this would be. But it can be used to cover intellectual information or like me when a company makes a private arrangements when someone leaves a company.
There's no legal requirement to settle out of court so they can stipulate that you sign an NDA as part of their settlement offer but you do not have to accept it.
Of course if you don't accept it and the settlement offer is rescinded then the claim continues to court.
I finally got an outcome from JL, after sending a series of emails beginning June, strongly complaining at them for a lack of response, they've come good.
I had 2 options, 1. a full refund or 2. keep TV and £100 credit.
I obviously chose full refund, the TV is getting picked up next week.
their CS has been flawless since the decision was made.
but with the inept way they initially dealt with me, I'm buying my next TV from richer sounds, and it won't be another Samsung!
thanks to everyone who has contributed to the thread it's much appreciated.