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KS Owners refund

(Topic created on: 20-11-2018 08:33 PM)
2258 Views
paul1277
Black Belt 
Options

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 So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!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 It means my KS model I bought in Jan is now deemed out of date by Samsung.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
cypher915
Explorer
Options
Thanks. Have found a template on Martin Lewis Money Saving Expert website and have written a letter to Santander PLC instigating a Section 75 claim ( wife's card so she had to sign) and hope to have news in 14 days or so. I agree they are trying to interpret the law to siut themselves.
cypher915
Explorer
Options
Latest email to Curry's
Thank you for your telephone conversation today at approx 2:00 pm . Unfortunately your continued intransigence and failure to comply with consumer law has caused me to instigate a Section 75 complaint with Santander Credit Cards who will no doubt be in touch with you. I have enclosed in my letter transcripts of all the email correspondence showing your unwillingness to comply with the Consumer Rights Act 2015 which clearly states that goods supplied must " Be as described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase." It is unfortunate that you have decided to take this stance since I offered in my conversation to pay the difference between my current TV and new model which would perfom the functions as described in your original advertising. It is up tp you to independently take the necessary action against Samsung for misleading you.
Extract from ADR case

In conclusion Based on the evidence provided and after conducting our own online investigation, we agree that this is a clear case of misrepresentation.

Complaint by Mr Ramos against Richer Sounds
paul1277
Black Belt 
Options

@cypher915 wrote:
Latest email to Curry's
Thank you for your telephone conversation today at approx 2:00 pm . Unfortunately your continued intransigence and failure to comply with consumer law has caused me to instigate a Section 75 complaint with Santander Credit Cards who will no doubt be in touch with you. I have enclosed in my letter transcripts of all the email correspondence showing your unwillingness to comply with the Consumer Rights Act 2015 which clearly states that goods supplied must " Be as described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase." It is unfortunate that you have decided to take this stance since I offered in my conversation to pay the difference between my current TV and new model which would perfom the functions as described in your original advertising. It is up tp you to independently take the necessary action against Samsung for misleading you.
Extract from ADR case

In conclusion Based on the evidence provided and after conducting our own online investigation, we agree that this is a clear case of misrepresentation.

Complaint by Mr Ramos against Richer Sounds

That sounds good and it may also be useful to ask who is advising them on law which is incorrect. The reason why you can say that is because Barclays, Tesco credit, Richer Sounds, and the ADR all say it is misrepresentation, so where are they getting their advice from.

Paul

Tyler_Durden
Voyager
Options

 


@cypher915 wrote:
Latest email to Curry's
Thank you for your telephone conversation today at approx 2:00 pm . Unfortunately your continued intransigence and failure to comply with consumer law has caused me to instigate a Section 75 complaint with Santander Credit Cards who will no doubt be in touch with you. I have enclosed in my letter transcripts of all the email correspondence showing your unwillingness to comply with the Consumer Rights Act 2015 which clearly states that goods supplied must " Be as described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase." It is unfortunate that you have decided to take this stance since I offered in my conversation to pay the difference between my current TV and new model which would perfom the functions as described in your original advertising. It is up tp you to independently take the necessary action against Samsung for misleading you.
Extract from ADR case

In conclusion Based on the evidence provided and after conducting our own online investigation, we agree that this is a clear case of misrepresentation.

Complaint by Mr Ramos against Richer Sounds


 


Would you like to talk on my behalf when I go to mediation?  I feel like I might mess it up!

cypher915
Explorer
Options
Thanks for your confidence in me but I have just gleaned all the information and replies to Curry;s stonewalling tactics from the forum. Just remember to stick to your guns. Do not accept the smart things hub as this only integrates your TV to the app on your phone. They are in breach of the Act . Ask them where they have got the information that they can ignore the legislation and best of luck. I hope things work out for you and please keep the rest of us posted on the outcome. Perhaps Curry;s will finally come to their senses and act lawfully.
PS Make a note on a piece of paper to aid you when you talk to them including the relevant arguments previously posted.
paul1277
Black Belt 
Options

@cypher915 wrote:
Thanks for your confidence in me but I have just gleaned all the information and replies to Curry;s stonewalling tactics from the forum. Just remember to stick to your guns. Do not accept the smart things hub as this only integrates your TV to the app on your phone. They are in breach of the Act . Ask them where they have got the information that they can ignore the legislation and best of luck. I hope things work out for you and please keep the rest of us posted on the outcome. Perhaps Curry;s will finally come to their senses and act lawfully.
PS Make a note on a piece of paper to aid you when you talk to them including the relevant arguments previously posted.

Also use you smart phone and record the conversation and tell them you are doing so just like they will. 

Tyler_Durden
Voyager
Options

I will record the call(s) . I've been told it is not going to be a three way conversation between me, currys and the mediator but a series of phone calls between myself and the mediator and Currys and the mediator in an attempt to find a compromise  

paul1277
Black Belt 
Options

@Tyler_Durden wrote:

I will record the call(s) . I've been told it is not going to be a three way conversation between me, currys and the mediator but a series of phone calls between myself and the mediator and Currys and the mediator in an attempt to find a compromise  


I hope I am wrong but I think it could be a time wasting exercise and one designed to ware you down. The reason why I say this is because it is not binding. I think you should stick to your  guns and insist that Curry's comply with consumer law as richer sounds have done. 

Lenny333
Journeyman
Options

Hi,

 

Long time lurker here 🙂

 

I've used the templates here to sent a refund request to John Lewis and recieved the reply below today. It looks like they have confused that I want to claim on my gaurantee (or are perhaps time wasting!) rather than mis selling.

 

I'll respond and make it clear that I'm claiming under mis selling and let you know how I get on.

 

SENT TO JL...

 

Dear Sir / Madam,

 

Purchase of Samsung UE55KS9000 TV – Order Number xxxx

I purchased the Samsung UE55KS9000 TV from John Lewis (JL) on 17/5/16.  At the point of purchase I paid £2099 which included a 5 year warranty.  This was part of a larger purchase which included a Samsung Soundbar. I would like to return the UE55KS9000 TV as I believe I have been mis-sold.

 

The Samsung UE55KS9000 TV is not as described. This TV was advertised as "Control your connected home with SmartThings Extend".  My purchase of the UE55KS9000 was influenced by the claims made about the capabilities of the TV on the JL website.  The JL web page advertising this capability is shown here… https://www.johnlewis.com/samsung-ue55ks9000-curved-suhd-premium-hdr-4k-ultra-hd-quantum-dot-smart-t...

 

The relevant section is…

“Control Your Connected Home With SmartThings Extend.

Developed alongside SmartThings, Samsung’s SUHD TV will have built-in software to let you do anything from switching on your lights to locking your doors**. It will connect to over 200 SmartThings compatible devices and put your home under complete wireless control – all from your TV.”

Where the footnote states:

“**With free Samsung SmartThings Extend USB adapter available within 2016.”

 

Samsung has since confirmed the SmartThings Extend will never be made available, since the TV is not technically capable of supporting this and due to security concerns.  Details of this can be seen at the following website:

 

https://www.flatpanelshd.com/news.php?subaction=showfull&id=151247267

I know from other customers, that JL is already aware of this issue and has provided full refunds.  JL has been in contact with Samsung since the beginning of 2018, and this should not be used as a reason for delaying resolution of this issue.

My Rights under the Consumer Rights Act 2015

This purchase is governed by the Consumer Rights Act 2015, which states that goods purchased must match the description supplied pre-contract, such as on the packaging, advert, or description for example.  The description of the product can be clearly seen in the above web page from the JL web site.  Goods are covered for up to 6 years under the limitations act.  To be clear, the retailer is responsible not the manufacturer.

I believe that Samsung has offered to supply an alternative product to some customers, called SmartThings Hub, but this doesn’t offer the same capability.  It should be noted that the SmartThings Hub would not deliver the functionality that the John Lewis web site advertised. The originally promised functionality ‘embedded’ SmartThings Extend would have delivered control directly from the TV screen, whereas the SmartThings Hub would need to be controlled from a mobile or tablet.  It is also important to know that control over the TV is limited, for instance it is not possible to switch the TV ON from standby.  Please do not offer to supply this alternative product – it would not be acceptable.

To be clear I am not returning the goods due to a fault.  It is due to mis selling which is a breach of the Consumer Rights Act 2015.

Requested Remedy

As you are in breach of contract and I've owned the product for less than 6 years, I am within my statutory rights to ask for a refund, or a replacement (to the same value as I originally paid), at no further cost to me.

I have all of the original packaging, so I can bring the TV back in to the Norwich store.  Rather than a full cash refund, I am happy to accept store credit instead.  I believe this is a reasonable remedy.

Retail Alternative Dispute Resolution (ADR)

I am aware of other customers who have already raised this issue through the Retail ADR, and in the case against Richer Sounds, they have been successful and Richer Sounds are now offering full refunds to all KS series TV customers. The evidence is identical, and it’s reasonable to expect the same outcome from yourselves.

Conclusion

I am a loyal customer of John Lewis, and have always received excellent customer service from the company.  I look forward to receiving confirmation that you will provide the remedy set out above within 14 days of the date of this email (19/11/18).

Yours faithfully,

 

 

RECEIVED FROM JL...

 

Thank you for your email regarding your order xxxx, that consists of the Samsung 55ks9000 curved suhd tv and the Samsung hw - j7501r curved soundbar. 

Having reviewed the points that you raised regarding the functionality of the TV, specifically the smart things extend, we can advise that this would not be covered under the guarantee and therefore are unable to issue a refund in the form of in store credit as you desire.

I would like to make it clear that software in any form is excluded from the standard 5 year guarantee we offer here at John Lewis & Partners. 


If you need any more assistance regarding this enquiry please contact us via email or call our customer services on 03456 049 049 between the hours of 7am - 11pm seven days a week.

Kind Regards,

paul1277
Black Belt 
Options

@Lenny333 wrote:

Hi,

 H

Long time lurker here 🙂

 

I've used the templates here to sent a refund request to John Lewis and recieved the reply below today. It looks like they have confused that I want to claim on my gaurantee (or are perhaps time wasting!) rather than mis selling.

 

I'll respond and make it clear that I'm claiming under mis selling and let you know how I get on.

 

SENT TO JL...

 

Dear Sir / Madam,

 

Purchase of Samsung UE55KS9000 TV – Order Number xxxx

I purchased the Samsung UE55KS9000 TV from John Lewis (JL) on 17/5/16.  At the point of purchase I paid £2099 which included a 5 year warranty.  This was part of a larger purchase which included a Samsung Soundbar. I would like to return the UE55KS9000 TV as I believe I have been mis-sold.

 

The Samsung UE55KS9000 TV is not as described. This TV was advertised as "Control your connected home with SmartThings Extend".  My purchase of the UE55KS9000 was influenced by the claims made about the capabilities of the TV on the JL website.  The JL web page advertising this capability is shown here… https://www.johnlewis.com/samsung-ue55ks9000-curved-suhd-premium-hdr-4k-ultra-hd-quantum-dot-smart-t...

 

The relevant section is…

“Control Your Connected Home With SmartThings Extend.

Developed alongside SmartThings, Samsung’s SUHD TV will have built-in software to let you do anything from switching on your lights to locking your doors**. It will connect to over 200 SmartThings compatible devices and put your home under complete wireless control – all from your TV.”

Where the footnote states:

“**With free Samsung SmartThings Extend USB adapter available within 2016.”

 

Samsung has since confirmed the SmartThings Extend will never be made available, since the TV is not technically capable of supporting this and due to security concerns.  Details of this can be seen at the following website:

 

https://www.flatpanelshd.com/news.php?subaction=showfull&id=151247267

I know from other customers, that JL is already aware of this issue and has provided full refunds.  JL has been in contact with Samsung since the beginning of 2018, and this should not be used as a reason for delaying resolution of this issue.

My Rights under the Consumer Rights Act 2015

This purchase is governed by the Consumer Rights Act 2015, which states that goods purchased must match the description supplied pre-contract, such as on the packaging, advert, or description for example.  The description of the product can be clearly seen in the above web page from the JL web site.  Goods are covered for up to 6 years under the limitations act.  To be clear, the retailer is responsible not the manufacturer.

I believe that Samsung has offered to supply an alternative product to some customers, called SmartThings Hub, but this doesn’t offer the same capability.  It should be noted that the SmartThings Hub would not deliver the functionality that the John Lewis web site advertised. The originally promised functionality ‘embedded’ SmartThings Extend would have delivered control directly from the TV screen, whereas the SmartThings Hub would need to be controlled from a mobile or tablet.  It is also important to know that control over the TV is limited, for instance it is not possible to switch the TV ON from standby.  Please do not offer to supply this alternative product – it would not be acceptable.

To be clear I am not returning the goods due to a fault.  It is due to mis selling which is a breach of the Consumer Rights Act 2015.

Requested Remedy

As you are in breach of contract and I've owned the product for less than 6 years, I am within my statutory rights to ask for a refund, or a replacement (to the same value as I originally paid), at no further cost to me.

I have all of the original packaging, so I can bring the TV back in to the Norwich store.  Rather than a full cash refund, I am happy to accept store credit instead.  I believe this is a reasonable remedy.

Retail Alternative Dispute Resolution (ADR)

I am aware of other customers who have already raised this issue through the Retail ADR, and in the case against Richer Sounds, they have been successful and Richer Sounds are now offering full refunds to all KS series TV customers. The evidence is identical, and it’s reasonable to expect the same outcome from yourselves.

Conclusion

I am a loyal customer of John Lewis, and have always received excellent customer service from the company.  I look forward to receiving confirmation that you will provide the remedy set out above within 14 days of the date of this email (19/11/18).

Yours faithfully,

 

 

RECEIVED FROM JL...

 

Thank you for your email regarding your order xxxx, that consists of the Samsung 55ks9000 curved suhd tv and the Samsung hw - j7501r curved soundbar. 

Having reviewed the points that you raised regarding the functionality of the TV, specifically the smart things extend, we can advise that this would not be covered under the guarantee and therefore are unable to issue a refund in the form of in store credit as you desire.

I would like to make it clear that software in any form is excluded from the standard 5 year guarantee we offer here at John Lewis & Partners. 


If you need any more assistance regarding this enquiry please contact us via email or call our customer services on 03456 049 049 between the hours of 7am - 11pm seven days a week.

Kind Regards,


I think you also need to correct them as they are referring this a add on software issue, which I know they are all now saying, they can not be responsible for add on software,  like YouTube or Netflix. But the smart things is not a software add-on but a built in hardware function that just requires the USB dongle, which was promised would be supplied at a later date free of charge. This has not happened and Samsung have themselves confirmed this. Point out that the argument they have us with Samsung not their customers who have been miss sold,  and point out that this function was heavily advertised on their advert for this TV,  unlike software applications. 

Paul