Support

Open search

KS Owners refund

Apprentice

Model: 65KS8000

Retailer: Currys

Purchased: Dec 2016

Credit Card: Barclaycard 

Result: Full refund via Section 75 Claim

 

Process: 

 

19 Oct - Sent first return and refund claim to Currys via email. The usual back and forth ensued. Did not get emotional as goal was to get to their final position email as fast as possible.

21 Oct - Received final communication from Currys that no resolution beyond supplying the Smartthings Hub V2. Objective achieved to obtain this email quickly. Also, contacted Samsung via online chat etc but nearly impossible to have a proper dialogue - something that takes 5 mins to talk about takes 50 mins via chat (think the person is having 10 x simultaneous conversations) so gave up but was promised a Hub V2 via email.

23 Oct - Called Barclaycard disputes team. Was posted the Section 75 paperwork.

28 Oct - Completed the Section 75 claim paperwork providing copies of everything as detailed here. Sent it off.

1 Nov - Started calling and chasing progress. Eventually, after going thru an overseas call centre, you get transferred thru to the UK team. They were well versed in deflecting this issue and used similar arguments to Currys. “Did it not occur to you that when you bought it this feature was missing?”, “Samsung are offering a free Hub V2 and this will give you the functionality”. Stuck to my guns and advised the Smartthings was a major factor for purchase and wanted my refund.

2-3 Nov - Kept calling and nagging why no one has looked at my case. Probably got deflected 3-4 times. I insisted it was escalated, which they promised (to the “Level 2” team)

 

[Interlude: Was overseas till 17 Nov so no more chasing during this period] 

 

19-30 Nov - Kept chasing the level 2 team but as they “were so busy no one had yet been assigned the case”. This was contrary to their complaints procedures where they sate the timescales they endeavour to work to.

3 Dec - A letter arrived saying that as they had not responded as per their own complaint guidelines I was I was entitled to refer to the ombudsman if I wished.

4-11 Dec - I phoned again every 2-3 days to complain about their complaints process (they still had not assigned an individual to handle my case, said was totally unacceptable, why case manager not assigned, etc etc).

11 Dec - Get a surprise call in the evening from a case manager. He takes me through an explanation of what has happened so far as call was recorded. Thought he was setting me up for a decline, but...

 

  • Offered 2 x £25 for “letting me down? with their responses to dates. Nice.
  • Led me through the transaction with Currys and said he “disagreed with his Level 1 colleagues” and that normall6 a tetailers T&Cs of Sales exclude apps etc - but having reviewed it actually Currys T&Cs did not state such a disclaimer. “Did I know what this means to me as a result?”. I replied hopefully “That I can return the TV and am entitled to a full refund?”. “Correct”, says he. He arranged for a return label to be sent so I could return the TV. This I eventually did and they refund reasonable (up to £150) courier charges.

Dec 13 - Letter arrives from Barclaycard confirming the above.

Dec 21 - Return label arrives. Decide to leave till new year to return. Barclaycard said in a confirmation letter that it would be credited once TV is received by them.

Jan 2 - The TV was despatched via Parcelforce 24 signed-for and arrived at their office the next day.

Jan 6 - Was credited the full £1,900 plus £50 plus £140 shipping

Black Belt 

@Dan61 wrote:

Model: 65KS8000

Retailer: Currys

Purchased: Dec 2016

Credit Card: Barclaycard 

Result: Full refund via Section 75 Claim

 

Process: 

 

19 Oct - Sent first return and refund claim to Currys via email. The usual back and forth ensued. Did not get emotional as goal was to get to their final position email as fast as possible.

21 Oct - Received final communication from Currys that no resolution beyond supplying the Smartthings Hub V2. Objective achieved to obtain this email quickly. Also, contacted Samsung via online chat etc but nearly impossible to have a proper dialogue - something that takes 5 mins to talk about takes 50 mins via chat (think the person is having 10 x simultaneous conversations) so gave up but was promised a Hub V2 via email.

23 Oct - Called Barclaycard disputes team. Was posted the Section 75 paperwork.

28 Oct - Completed the Section 75 claim paperwork providing copies of everything as detailed here. Sent it off.

1 Nov - Started calling and chasing progress. Eventually, after going thru an overseas call centre, you get transferred thru to the UK team. They were well versed in deflecting this issue and used similar arguments to Currys. “Did it not occur to you that when you bought it this feature was missing?”, “Samsung are offering a free Hub V2 and this will give you the functionality”. Stuck to my guns and advised the Smartthings was a major factor for purchase and wanted my refund.

2-3 Nov - Kept calling and nagging why no one has looked at my case. Probably got deflected 3-4 times. I insisted it was escalated, which they promised (to the “Level 2” team)

 

[Interlude: Was overseas till 17 Nov so no more chasing during this period] 

 

19-30 Nov - Kept chasing the level 2 team but as they “were so busy no one had yet been assigned the case”. This was contrary to their complaints procedures where they sate the timescales they endeavour to work to.

3 Dec - A letter arrived saying that as they had not responded as per their own complaint guidelines I was I was entitled to refer to the ombudsman if I wished.

4-11 Dec - I phoned again every 2-3 days to complain about their complaints process (they still had not assigned an individual to handle my case, said was totally unacceptable, why case manager not assigned, etc etc).

11 Dec - Get a surprise call in the evening from a case manager. He takes me through an explanation of what has happened so far as call was recorded. Thought he was setting me up for a decline, but...

 

  • Offered 2 x £25 for “letting me down? with their responses to dates. Nice.
  • Led me through the transaction with Currys and said he “disagreed with his Level 1 colleagues” and that normall6 a tetailers T&Cs of Sales exclude apps etc - but having reviewed it actually Currys T&Cs did not state such a disclaimer. “Did I know what this means to me as a result?”. I replied hopefully “That I can return the TV and am entitled to a full refund?”. “Correct”, says he. He arranged for a return label to be sent so I could return the TV. This I eventually did and they refund reasonable (up to £150) courier charges.

Dec 13 - Letter arrives from Barclaycard confirming the above.

Dec 21 - Return label arrives. Decide to leave till new year to return. Barclaycard said in a confirmation letter that it would be credited once TV is received by them.

Jan 2 - The TV was despatched via Parcelforce 24 signed-for and arrived at their office the next day.

Jan 6 - Was credited the full £1,900 plus £50 plus £140 shipping


Brilliant,  and thanks for sharing with us your process.  Looks like we are now getting results against Curry's,  and Barclay card is a big scalpel,  and it would be difficult for them to deny anyone else's claim, and another example that we are right and those on the court route it should also help. 

Could we ask if you have your claim reference and we could use it?   

Also could you post onto the results thread. 

Again well done. 

Paul

Explorer

Brilliant news! Was your card a MasterCard or Visa? If I am not mistaken section 75 is handled by your card company but the actual refund comes from either MasterCard or Visa

Apprentice

Excellent news, Dan!

Can I ask, was the credit card payed off when you initiated the Section 75? I bought mine via currys finance but it was paid off within a few months so is no longer on credit. I'd like to take the same route as you but I'm unsure if I can.

Black Belt 

@Andy41 wrote:

Excellent news, Dan!

Can I ask, was the credit card payed off when you initiated the Section 75? I bought mine via currys finance but it was paid off within a few months so is no longer on credit. I'd like to take the same route as you but I'm unsure if I can.


I am not sure but you should be covered by the consumer credit act which is where section 75 comes from. Also if you paid any amount on your credit card then you are covered.  It may be worth contacting your finance company as if it is a section 75 claim and inform them that you believe there is breach of contract and therefore you request all monies paid to be refunded. 

Paul

Highlighted
Apprentice
Yes it was paid off in full at the time of purchase (actually always pay off in full).
Black Belt 

@Dan61 wrote:
Yes it was paid off in full at the time of purchase (actually always pay off in full).

Did you buy using credit card in full or deposit,  you are covered under section 75.

Apprentice

@dipesh44 It was the Amex version of BC but their relationship was stopped around first half of 2017. It didn’t make any difference to the claim. Hope this helps.

Explorer

did they say which y Currys T&Cs they reffered to?

 

I am going though a section 75 claim with First Direct and the claim handler has said there is no breach in contract under the terms and conditions of sale. 

 

I am waiting for a call back from the claims handler to argue my case over the phone, i have sent them usual arcticles, webpages etc..

Black Belt 

@dipesh44 wrote:

did they say which y Currys T&Cs they reffered to?

 

I am going though a section 75 calim with First Direct and the claim handler has said there is no breach in contract under the terms and conditions of sale. 

 

I am waiting for a call back from the claims handler to argue my case over the phone, i have sent them usual arcticles, webpages etc..


I wouldn't try to argue over the phone but just point out that on appealing to the second level Barclays and Tesco credit have agreed it was misrepresentation,  and refunded their customers and    therefore request it go to the next level. A gain it is free. Also put it in writing via email. We have seen the first level are rejecting,  and hoping you give up. 

Paul

Top Liked Authors