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KS Owners refund

(Topic created on: 27-08-2018 02:50 PM)
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paul1277
Black Belt 
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Do all you good people who bought a 2016 Samsung TV know Samsung have stopped supporting it. The promised they would support HLG (BBC Iplayer HDR). This was in the Dec 2016 Trusted Reviews and What Hi Fi. They have not and if you had bought a Panasonic or LG 2016 set you would be able to watch Iplayer Blue Planet 2 in glorious HLG. This is a big issue because HLG looks like the standard for all over the air broadcasting. Samsung are not even supporting a 4K update to Iplayer. The reason looks like it will cost just 5 cents or pence per unit. So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!

You wrote in your Dec 2016 issue that Samsung were supporting HLG in their 2016 models. Do you know that Samsung have supported their 2017 models but not the 2016 models. I know because the BBC IPlayer Blue Planet 2 will not play in 4K or HLG. It's not good considering Panasonic and LG both do support their 2016 models. It means my KS model I bought in Jan is now deemed out of date by Samsung. It looks like their are royalty fees which Samsung will not pay! Not good.


All you people in the UK can return your KS TVs IF you bought it for the use of the smartthings Extend that will never be coming out for our TVs. ***** is how.

 

Tell them you want a full refund because they promised that if you bought a KS TV you would get a FREE Smartthings Extend. They proof you will need is easy to find and is the reason you bought this TV.

 

https://www.youtube.com/watch?v=IMc3V98yzNY

 

https://www.youtube.com/watch?v=yRSWoUmU5YQ

I bought mine from J Lewis and the Samsung Extend addvert is still there https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1

 

If you bought your KS TV from currys http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/

 

They both say that you will get a free smartthings extend USB dongle.

Now send you TVs back for a full refund Smiley Happy

 

 

All those who bought a Samsung TV in 2016 may have claim for miss selling. It basically means that all you folks who bought the 2016 Samsung units have 2 choices. After Dec 2016 and if you had seen any articles that are press release's about HLG support and that influenced you decision to buy may have a case. For all those owners who read the info from the retailers on their web pages and saw and was influenced by the promise of the smart connect which has not been honoured, then you also have a case for miss selling. If you all spread this in all available media then I am sure the retailers would put pressure on to Samsung to correct this. If nothing else you could end up with nice shiny LG or Panasonic, or the new Philips that all are HLG BBC iplayer compatible, and with the HDR10 plus that again Samsung have still not implemented, you may be best with LG and Dolby Vision.

Also take a copy of the retailers web page before they change the description.

 

https://www.youtube.com/watch?v=yRSWoUmU5YQ

I will try to explain how to get a refund for miss selling (seen how much the LG's have come down). I followed this way and got a full refund or a JS8000.

You need to show that you asked or believed that or influenced by claims made about the capabilities of the TV. With BBC Iplayer HLG it's from the Trusted reviews and What Hi Fi, and any other publications and if you asked the retailer.

 

https://www.whathifi.com/advice/hdr-tv-what-it-how-can-you-get-it#6locceZo3Zf8yi5T.99

you can show you had been informed.

It's different with the smart connect as that is advertised on the main retailers web sites,

https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1
http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/
https://www.youtube.com/watch?v=yRSWoUmU5YQ

As the donngle's have not turned up you now claim miss selling, so either go to your retailer or email them with the web page, and explain why you think you were miss sold. Also phone Citizens Advice 03444 111 444 and raise a case (this also gets past on to Trading Standards). Explain that the retailer informed you off the capabilities via their web page information, and either show the page printer or the link, as above.

They will advise and link you to some template letters to send to your retailer.

I had to send a letter of intent to take legal action (template from Citizens Advice) against Curry's but then they gave me a refund.

So mention all the promises from Samsung full support for HLG, Smart Connect, and HDR10+

It will cost nothing to ask and again may bring some pressure on to Samsung.

2,560 REPLIES 2,560
Tyler_Durden
Voyager
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Here's a good one -

Currys rep linked to this certified ADR provider  www.ombudsman-services.org in their final position letter, however that ADR provider will not proceed with any cases with non member companies like Currys.

 

What can I do now? Are there other ADR companies that will progress complaints for companies that are not members?

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tarbat
Voyager
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@Tyler_Durden, the EU ODR ( http://ec.europa.eu/consumers/odr/ ) is your best option. But retailers have no legal obligation to participate in ADR, so you’re unlikely to get anwhere using ADR with Currys. It might however help your case when you go to court to show that you attempted ADR.

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Tyler_Durden
Voyager
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@tarbat wrote:

@Tyler_Durden, the EU ODR ( http://ec.europa.eu/consumers/odr/ ) is your best option. But retailers have no legal obligation to participate in ADR, so you’re unlikely to get anwhere using ADR with Currys. It might however help your case when you go to court to show that you attempted ADR.


Unfortunately my screen was bought in a shop. The link you provided states "You can submit a complaint only for goods or services you bought online"

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Tyler_Durden
Voyager
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I have now written a Letter Before Claim to Currys and sent it attached to an email.

Here is a link if anyone would like to read it - 

https://drive.google.com/open?id=1KSws7yq38TTtceWgyT_7D4ygEnRjNtqxwR3f9vsbk1M

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paul1277
Black Belt 
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@Tyler_Durden wrote:

I have now written a Letter Before Claim to Currys and sent it attached to an email.

Here is a link if anyone would like to read it - 

https://drive.google.com/open?id=1KSws7yq38TTtceWgyT_7D4ygEnRjNtqxwR3f9vsbk1M


Sounds good 👍

See what comes back.  See if they continue to say they will only respond from legal professionals. 

Paul 

Tyler_Durden
Voyager
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@paul1277 wrote:

@Tyler_Durden wrote:

I have now written a Letter Before Claim to Currys and sent it attached to an email.

Here is a link if anyone would like to read it - 

https://drive.google.com/open?id=1KSws7yq38TTtceWgyT_7D4ygEnRjNtqxwR3f9vsbk1M


Sounds good 👍

See what comes back.  See if they continue to say they will only respond from legal professionals. 

Paul 


Got a reply from another SCCC Rep - 

 

"Thank you for your email. I have been asked to respond on behalf of my colleague Richard who is currently out of the office.

 

After reviewing the case, I am sorry to read of the disappointment that you have found with the withdrawal of service of the dongle by Samsung, and also in the response from ourself.

 

We do not subscribe to ADR schemes, and appreciate examples of outcomes from other ADR schemes looking at a similar matter has been provided, along with how other retailers may be approaching this differently, we would not be looking to offer what has been requested.

 

As the withdrawal has been out of our control, and how the set was advertised was based on information that was correct at the time, a full refund for  misrepresentation would not be offered.

 

The gestures made have been based on the fact you have had use out of the TV since purchase, so a partial refund has been offered for these reasons.

 

I appreciate this is not ideal, but I do feel this is the right resolution to offer in this instance.

 

Yours sincerely,"

 

I quickly responded with this and I'm waiting for a response - 

"Thank you for your response, I would like to bring to your attention the Misrepresentation Act 1967. It states 3 types of misrepresentation. Fraudulent, Negligent and Innocent. It seems that you are admitting that Currys is guilty of either Negligent or Innocent misrepresentation.
However, it matters not why you misrepresented this product, it only matters that you did, which I have proven. In the eye of the law there is only one recourse, and that is to unwind the contract, ie I give you the Television back and you refund all of my money.

Yours Sincerly"

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paul1277
Black Belt 
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@Tyler_Durden wrote:

Here's a good one -

Currys rep linked to this certified ADR provider  www.ombudsman-services.org in their final position letter, however that ADR provider will not proceed with any cases with non member companies like Currys.

 

What can I do now? Are there other ADR companies that will progress complaints for companies that are not members?


Again that is more evidence of Curry's miss leading their customers. They give ADR details knowing you cannot access their services as they do not subscribe. You now have evidence that you have tried all avenues. 

Paul 

paul1277
Black Belt 
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@Tyler_Durden wrote:

@paul1277 wrote:

@Tyler_Durden wrote:

I have now written a Letter Before Claim to Currys and sent it attached to an email.

Here is a link if anyone would like to read it - 

https://drive.google.com/open?id=1KSws7yq38TTtceWgyT_7D4ygEnRjNtqxwR3f9vsbk1M


Sounds good 👍

See what comes back.  See if they continue to say they will only respond from legal professionals. 

Paul 


Got a reply from another SCCC Rep - 

 

"Thank you for your email. I have been asked to respond on behalf of my colleague Richard who is currently out of the office.

 

After reviewing the case, I am sorry to read of the disappointment that you have found with the withdrawal of service of the dongle by Samsung, and also in the response from ourself.

 

We do not subscribe to ADR schemes, and appreciate examples of outcomes from other ADR schemes looking at a similar matter has been provided, along with how other retailers may be approaching this differently, we would not be looking to offer what has been requested.

 

As the withdrawal has been out of our control, and how the set was advertised was based on information that was correct at the time, a full refund for  misrepresentation would not be offered.

 

The gestures made have been based on the fact you have had use out of the TV since purchase, so a partial refund has been offered for these reasons.

 

I appreciate this is not ideal, but I do feel this is the right resolution to offer in this instance.

 

Yours sincerely,"

 

I quickly responded with this and I'm waiting for a response - 

"Thank you for your response, I would like to bring to your attention the Misrepresentation Act 1967. It states 3 types of misrepresentation. Fraudulent, Negligent and Innocent. It seems that you are admitting that Currys is guilty of either Negligent or Innocent misrepresentation.
However, it matters not why you misrepresented this product, it only matters that you did, which I have proven. In the eye of the law there is only one recourse, and that is to unwind the contract, ie I give you the Television back and you refund all of my money.

Yours Sincerly"


I have mentioned before that Curry's have never actually denied misrepresentation and therefore in court you would not have to prove it. You can also show the legal definition of misrepresentation. 

Paul 

Tyler_Durden
Voyager
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It certainly looks like I'll need to go to court to get this sorted. I've never done it, and don't really have the first idea of how to go about it.

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Tyler_Durden
Voyager
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Here's their response.

 

Thank you for your email. I do appreciate this, and understand your comments in regards to this.


This issue had been raised with our litigation team to investigate how we stand. it is our companies that as the model was advertised as having the service as a future service, and at the time of purchase, this was correct, this would not be classed as misrepresentation.


As such, up to the point the declaration that this service would not be released, the TV was working as described, ie without this feature, awaiting release. This is why a partial refund has been offered, or a "live with" payment rather than a full refund.


Out litigation team are still reviewing. Although the offer would not be retracted, and you can accept either option any time, I can leave the case open, and get in touch once there is a further response, however I cannot offer a time scale, nor advise that the decision would change.


Yours sincerely,