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KS Owners refund

(Topic created on: 30-08-2018 01:38 PM)
1029 Views
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 So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!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 It means my KS model I bought in Jan is now deemed out of date by Samsung.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
Mylo75
Pioneer
Options

MBNA update and it's not good.

 

MBNA think Currys offer of a £500 refund and returning the tv is very reasonable or Currys offer of £150 and keep the tv is also very reasonable. They then told me I could go and buy an Amazon echo which would do all the tv would have done if the dongle had been released. 

 

Why oh why do these companies not understand simple UK law and get away with this kind of thing. So angry right now. Will be changing my credit card provider asap.

😡😠😡

paul1277
Black Belt 
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@Mylo75 wrote:

MBNA update and it's not good.

 

MBNA think Currys offer of a £500 refund and returning the tv is very reasonable or Currys offer of £150 and keep the tv is also very reasonable. They then told me I could go and buy an Amazon echo which would do all the tv would have done if the dongle had been released. 

 

Why oh why do these companies not understand simple UK law and get away with this kind of thing. So angry right now. Will be changing my credit card provider asap.

😡😠😡

 

That's the first step,  now you can appeal and the credit card company must supply you with the details. Then you have the financial ombudsman. Use the same arguments quoting law and ask why the credit card company are making up the law on misrepresentation when it is quite clear. 

Paul


paul1277
Black Belt 
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@Anonymous User wrote:

@paul1277 wrote:

@Anonymous User wrote:

@tarbat wrote:

@Anonymous User, try http://www.johnlewis.com/samsung-ue55ks7000-suhd-hdr-1-000-4k-ultra-hd-quantum-dot-smart-tv-55-with-freeview-hd-freesat-hd-branch-feet-design-uhd-premium/p2613450

 

Also note that John Lewis do not accept an outcome from any ADR service.


Thank you for that very much appreciated as were any other replies, exactly what I needed, I take it then with no ADR, I will have to send a LBA and then maybe start a small claims?


You also have credit card section 75 claim as well if you paid by credit card .

Paul


I stupidly paid through Paypal, this was before I was aware the payment gateways remove Section 75.. But I am gogin to ring my card issuer today and see what they say.


I found this link which may be useful.

https://www.moneysavingexpert.com/news/cards/2017/05/ombudsman-requests-reform-of-section-75-credit-card-protection-as-more-caught-out-by-loophole

 

Paul

Anonymous User
Not applicable
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So ill update the refund thread, but just to add here, sent the Email yesterday, received a call from JL 5 minutes ago..

 

£100 off or a full refund, so took full refund. off to buy a B7...

 

Seriously thanks to everyone who helped me as it took 24 hours and I got a refund.

paul1277
Black Belt 
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@Anonymous User wrote:

So ill update the refund thread, but just to add here, sent the Email yesterday, received a call from JL 5 minutes ago..

 

£100 off or a full refund, so took full refund. off to buy a B7...

 

Seriously thanks to everyone who helped me as it took 24 hours and I got a refund.


Great stuff,  and knew you would. Really does look like John Lewis have seen the light. Pass on the result elsewhere if you can,  avforums on the ks owners page would be great and anywhere else so other owners can also get the same. 

Hope you enjoy your new telly. 

Paul

rosscouk
Navigator
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An update from me. I am still in discussions with me credit card provider. They agree I have a case in regard to my 49ks8ooo bought from John Lewis in 2016 however they are trying to apply a 'fair use' element and only recompense to the tune of 4/6s of the overall price paid. I sent this letter a few weeks ago

 

Further to our telephone conversation (07th August 2018), thank you for your offer to reimburse me for 4/6s (which equates to £871.66) of the value of the television. However, this is not a case where any onies should be deducted from the original purchase value. This is a clear case of miss-representation and I have previously supplied evidence where John Lewis have admitted as such (Email 7 and 15). In this instance if the retailer (John Lewis) fails to comply with the Oct 2015 European Consumer Regulations then the credit card company (Barclaycard), under the Consumer Credit Regulations (2010), (https://www.legislation.gov.uk/uksi/2010/1014/made) is as liable as the retailer. Therefore, if the retailer does not or will not rectify the issue under the 2015 European Consumer Regulations, a person can make a claim against the credit card issuer, under the Consumer Credit Regulation’s 2010, which was amended in 2011.
In addition to this fact I also attach an Alternative Dispute Resolution (ADR) ruling - Complaint by Mr Ramos against Richer Sounds, Ref 113351574, where a full refund has been recommended in an identical case.
Therefore, considering this additional further proof of misrepresentation and Barclaycards responsibilities a refund for the full amount of £1307.50 is the only recourse.
Can you please confirm your offer in writing.

 

However despite two more calls when I have had to explain everything from scratch the situation is unchanged basically. It's now a level 2 case and if I don't like the outcome, and I have not been promised that they will even call me, then I can refer the case to the financial ombudsman.

paul1277
Black Belt 
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@rosscouk wrote:

An update from me. I am still in discussions with me credit card provider. They agree I have a case in regard to my 49ks8ooo bought from John Lewis in 2016 however they are trying to apply a 'fair use' element and only recompense to the tune of 4/6s of the overall price paid. I sent this letter a few weeks ago

 

Further to our telephone conversation (07th August 2018), thank you for your offer to reimburse me for 4/6s (which equates to £871.66) of the value of the television. However, this is not a case where any onies should be deducted from the original purchase value. This is a clear case of miss-representation and I have previously supplied evidence where John Lewis have admitted as such (Email 7 and 15). In this instance if the retailer (John Lewis) fails to comply with the Oct 2015 European Consumer Regulations then the credit card company (Barclaycard), under the Consumer Credit Regulations (2010), (https://www.legislation.gov.uk/uksi/2010/1014/made) is as liable as the retailer. Therefore, if the retailer does not or will not rectify the issue under the 2015 European Consumer Regulations, a person can make a claim against the credit card issuer, under the Consumer Credit Regulation’s 2010, which was amended in 2011.
In addition to this fact I also attach an Alternative Dispute Resolution (ADR) ruling - Complaint by Mr Ramos against Richer Sounds, Ref 113351574, where a full refund has been recommended in an identical case.
Therefore, considering this additional further proof of misrepresentation and Barclaycards responsibilities a refund for the full amount of £1307.50 is the only recourse.
Can you please confirm your offer in writing.

 

However despite two more calls when I have had to explain everything from scratch the situation is unchanged basically. It's now a level 2 case and if I don't like the outcome, and I have not been promised that they will even call me, then I can refer the case to the financial ombudsman.


Have you tried going back to John Lewis as they do seem to be paying out now. 

On the section 75 it is good that they recognize you have a case,  so you will not have to explain that at level 2. Some posted on here the types of misrepresentation and it does say you should make a claim within a reasonable time from knowing of the misrepresentation. Saying that we only found out that Samsung will not be supplying the dongle this summer,  and they were saying they were testing a beta version at the end of last year. Therefore you have been very reasonable waiting for Samsung and you have not had full use of your tv all this time as advertised by John Lewis. Therefore you think you should be compensated for all this time you have been  forced to wait to get full use,  as Samsung basically lied as to them producing the dongle. 

 

In away try to put the blame back onto John Lewis and Samsung. 

Paul 

Tyler_Durden
Voyager
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I am about to submit my Small Claims court claim and I am wondering what I should be claiming for:

 

So far I only have:

 

TV - £2199

Hearing Fee - £170

 

Should I include anything else or should I only have the TV cost?

paul1277
Black Belt 
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@Tyler_Durden wrote:

I am about to submit my Small Claims court claim and I am wondering what I should be claiming for:

 

So far I only have:

 

TV - £2199

Hearing Fee - £170

 

Should I include anything else or should I only have the TV cost?


There was a post and its on the ks refund more info about reasonable costs.  These include time preparing and such as long as you have recorded this time spent.  I think as everything is is reasonable it is up to the court to decide. 

Paul

Moily
Pathfinder
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@Mylo75 wrote:

MBNA update and it's not good.

 

MBNA think Currys offer of a £500 refund and returning the tv is very reasonable or Currys offer of £150 and keep the tv is also very reasonable. They then told me I could go and buy an Amazon echo which would do all the tv would have done if the dongle had been released. 

 

Why oh why do these companies not understand simple UK law and get away with this kind of thing. So angry right now. Will be changing my credit card provider asap.

😡😠😡


I'm about to raise a S.75 claim with MBNA myself.  How did you submit yours?  Did you have to call them?