Support

Open search

KS Owners refund

Highlighted
Apprentice

Well, I'm still getting the run around from John Lewis as well after alot of time, effort and being thrown around between departments... Their latest is the smartthings hub offering which I have declined and have posted their offer and my response below.

 

Heres hoping that they listen as next on my list is starting a section 75 with my credit card company

 

Any thoughts / suggestions will be  gratefully received...

 

FROM JOHN LEWIS...

 

Dear Mr XXXX, 

Firstly may I introduce myself, my name is XXXX and I am the Section Manager in the Technical Support department in John Lewis Norwich. 

Thank you for your email and I would like to apologise in the length of time it has taken to resolve your query.

I have contacted our buying team and Samsung directly who have both acknowledged your situation. 

Samsung are offering a SmartThings hub, free of charge (this would normally cost £99.00) to any customers who have purchased these televisions. You will be able to claim this by contacting: support@smartthings.co.uk

This should replace the dongle that was previously advertised and resolve the issue for you. 

I acknowledge this resolution is not to your request, however this will allow you to use all the functionality on your TV as purchased. 

Kind regards, 

XXXX
Section Manager Technical Support
John Lewis Norwich 

 

MY RESPONSE...

 

 

Dear XXXX,

 

Thank you for your response although I am not satisfied with your proposed solution for the reason below…

 

The Samsung Hub that is suggested as a remedy absolutely does not allow the functionality that the TV was advertised as having on your own website here…  https://www.johnlewis.com/samsung-ue55ks9000-curved-suhd-premium-hdr-4k-ultra-hd-quantum-dot-smart-t...

 

The particular part that I refer to 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.” This way, you’ll be able to set the right scene in your living room    without getting off the sofa. Please note that this feature is coming soon

 

The Samsung hub will not allow control of smart things from the TV as advertised as it only allows the TV to be a ‘Thing’. 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.

 

This is clearly not the same functionality offered in your advertisement and that which is still available on your website as detailed above

 

Whilst I understand you may have used information provided by the manufacturer (Samsung), it is your duty to ensure that the information you provide to the consumer is accurate, as this information was used as a basis by me for entering the contract of sale with you and in my decision to purchase this particular TV from yourselves.

 

As this feature was announced as a function native to the TV and then subsequently dropped, this is now something that the TV will never be able to achieve despite it being advertised as being able to do so. The consumer rights act 2015 protects against this under "As described", defined as… The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

As the TV no longer matches the advertised features, and still shown on your website, this is in breach of this section of the sale of goods act, under the Consumer Rights Act.

 

You state that yourselves and Samsung acknowledge my situation, and I hope that means you acknowledge that you mis-represented the TV in your advertising?

 

As I have been mis-sold this TV, I have a right to a full refund of the original purchase price and that is what I require please.

 

As previously stated, I would accept this in the form of store credit rather than cash as currently I remain loyal to John Lewis and would wish to purchase my next TV from yourselves.

 

Regards, XXXX

 

Highlighted
Apprentice

I made claim with currys but they provided me just the dongle and £150.

Then i opened a sector 75 claim with my credit card company and they responded after couple weeks with the following:

1. They will provide full refund for the tv but i have to sell the TV (provide proof ) and they will provide me the difference of the price.
2. if i dont accept. , I "may wish to seek legal advice, if so please contact your solicitor. Another option is to speak with your local Citizens Advice Bureau or Money Advice Centre."

 

 

What should i do?

I paid for extended warranty too with this TV but it was covered for the full refund.

Explorer

If i am reading correctly, they want you to sell the TV to a buyer and they will refund you the difference between the sold price and the price you brought it for?

Highlighted
Black Belt 

@Elavarasan wrote:

I made claim with currys but they provided me just the dongle and £150.

Then i opened a sector 75 claim with my credit card company and they responded after couple weeks with the following:

1. They will provide full refund for the tv but i have to sell the TV (provide proof ) and they will provide me the difference of the price.
2. if i dont accept. , I "may wish to seek legal advice, if so please contact your solicitor. Another option is to speak with your local Citizens Advice Bureau or Money Advice Centre."

 

 

What should i do?

I paid for extended warranty too with this TV but it was covered for the full refund.


I find it hard to understand that response and I would inform the credit card issuer that you find that response unreasonably and where does it say in the section 75 regulations, anything like that as a resolution,  as it does not?  Point out as they recognize that there has been misrepresentation then under section 75, it is a clear breach of contract and the only resolution under section 75 is a full refund of all monies paid,  with no conditions. Then request it goes to appeal,  again which is free and point out the your credit card issuer has  accept misrepresentation but are refusing to give a full refund which you are entitled to. One word outrageous!  Who is your credit card company. 

Paul

Highlighted
Apprentice

Thats right.

Highlighted
Apprentice
thats right.
Highlighted
Explorer

As someone who has had success through section 75 it's not a million miles away from my experience. Tesco credit card asked me to send them the tv so they could sell it to mitigate their loss. My understanding is that it is the credit card company, not the retailer, who lose out in a section 75 claim. This was certainly how Tesco explained it to me. 

So I was happy to send them the tv. They paid the postage and packing costs.

Up to you of course but perhaps suggest sending them the tv and let them worry about selling it?

Highlighted
Voyager

@Elavarasan wrote:

I made claim with currys but they provided me just the dongle and £150.

Then i opened a sector 75 claim with my credit card company and they responded after couple weeks with the following:

1. They will provide full refund for the tv but i have to sell the TV (provide proof ) and they will provide me the difference of the price.
2. if i dont accept. , I "may wish to seek legal advice, if so please contact your solicitor. Another option is to speak with your local Citizens Advice Bureau or Money Advice Centre."

 

 

What should i do?

I paid for extended warranty too with this TV but it was covered for the full refund.


Do you mind sharing you case reference and/or name? (private message perhaps) 

If I had been offered that I'm likely to have sold the TV (to a friend) for an excellent price. Provide proof of this. Then claimed the difference. 

Highlighted
Black Belt 

@Tyler_Durden wrote:

@Elavarasan wrote:

I made claim with currys but they provided me just the dongle and £150.

Then i opened a sector 75 claim with my credit card company and they responded after couple weeks with the following:

1. They will provide full refund for the tv but i have to sell the TV (provide proof ) and they will provide me the difference of the price.
2. if i dont accept. , I "may wish to seek legal advice, if so please contact your solicitor. Another option is to speak with your local Citizens Advice Bureau or Money Advice Centre."

 

 

What should i do?

I paid for extended warranty too with this TV but it was covered for the full refund.


Do you mind sharing you case reference and/or name? (private message perhaps) 

If I had been offered that I'm likely to have sold the TV (to a friend) for an excellent price. Provide proof of this. Then claimed the difference. 


But under the section 75 there is no mention about having to return any item.  It is a breach of contract which may you are entitled to a full refund. Again I would take it to appeal and test it,  as they are not arguing about actual misrepresentation,  so you are asking the appeal as to what the refund should be. 

Highlighted
Observer

I bought a KS9005 on 07.2017 because I believed in Samsung's promisses to bring us HDR10+ in a future update. 

So, I live in Finland and  just contacted the store where I bought it from and asked for a refund.
I contacted Samsung about this matter and they said they "do not offer refunds". Samsung representer said I made a contract with the store when I bought the TV, so they told me to contact the store directly.

The store now contacted Samsung and we are waiting for Samsung's answer.


I will let you guys know how this goes.


Top Liked Authors