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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.

😡😠😡

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Black Belt 

@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


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Black Belt 

@hazzatori wrote:

@paul1277 wrote:

@hazzatori wrote:

@tarbat wrote:

@hazzatori, try http://www.johnlewis.com/samsung-ue55ks7000-suhd-hdr-1-000-4k-ultra-hd-quantum-dot-smart-tv-55-with-...

 

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-...

 

Paul

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Explorer

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.

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Black Belt 

@hazzatori 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

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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.

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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 

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Voyager

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?

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Black Belt 

@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

Pathfinder

@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?

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