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Dom

Any chance I could have your case reference number. As in the same almost the same situation as you..

So far curry's have offered me a hub! Which I declined and stated I wanted a refund or an exchange, 3 days on not heard nothing.

Anyway I contacted creation and there going to push curry's, also creation told me on the phone that she has never heard of a section 75 lol lol....

How can they offer me a hub and offer you 70% + £££s

Cheers
Explorer

If you bought through finance/creation, just be persistent with them and you will get a result.

 

I got a full refund, it’s just Creation are handling 70% of it (Curry’s originally told me they were handling 100% but they made a mistake).

 

It took me many months to finally get them to agree to a refund, it wasn’t an overnight thing. Curry’s pretty much slammed the door in my face but involving Creation under a section 75 complaint was the key.

 

If the lady you spoke to doesn’t know what a section 75 claim is you’re speaking to the wrong person. Ask to speak to a manager or a senior member of staff.

 

Dom

Voyager

Thanks for the info @Domaz1 is there a reason you aren't giving us the Case Reference Number - It really would be very useful for us to be able to quote a case that has had the correct resolution.

If you don't want to share it on the open forum please PM it to me, that would be great.

Explorer

I thought i would update you all on my case. Currys refused to take it further then offering a hub and 150 gbp as a goodwill gesture. I then proceeded to make a section 75 claim with my bank (First Direct). To keep it short the case is on-going, the first line at bank was to refuse it saying there has been no breach of contract. I then appealed, it then went to legal they refused also saying there has been no breach of contract. I have now taken it to complaints who are looking at it. I have them sent them all supporting evidence as described in these forums.  One thing they keep repeating is that Curry's at the time of the sale did not mis-sell they were in good reason to believe Samsung that the imbedded hub would be rolled out. Is there anything that anyone has used that is legally binding? They also said case-references from successful cases could help, but they cannot guarantee it as Curry’s may have settled on a reputation basis rather then legal basis.

 

Another thing they said was because i have had use of the TV and that is it primiary purpose a full refund would not be likely in any case 

Voyager

My take on it is that Currys have misrepresented the product:

The Misrepresentation Act 1967 states 3 types of misrepresentation. Fraudulent, Negligent and Innocent. It seems Currys is guilty of either Negligent or Innocent misrepresentation. 

Black Belt 

@dipesh44 wrote:

I thought i would update you all on my case. Currys refused to take it further then offering a hub and 150 gbp as a goodwill gesture. I then proceeded to make a section 75 claim with my bank (First Direct). To keep it short the case is on-going, the first line at bank was to refuse it saying there has been no breach of contract. I then appealed, it then went to legal they refused also saying there has been no breach of contract. I have now taken it to complaints who are looking at it. I have them sent them all supporting evidence as described in these forums.  One thing they keep repeating is that Curry's at the time of the sale did not mis-sell they were in good reason to believe Samsung that the imbedded hub would be rolled out. Is there anything that anyone has used that is legally binding? They also said case-references from successful cases could help, but they cannot guarantee it as Curry’s may have settled on a reputation basis rather then legal basis.

 

Another thing they said was because i have had use of the TV and that is it primiary purpose a full refund would not be likely in any case 


That argument that it was correct at time of sale is not the argument but the law says advertising must be correct. Therefore when they advertised the free dongle as being supplied in the future,  and then Samsung pull it then that is where the misrepresentation. The law is there to protect consumers from miss advertising and you should make this clear. 

Navigator

So why are curry's tech talk still displaying this 

http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv still some

people would still believe the hype!! 

Navigator

Anyone recommend what I should do next? 

last email from curry's was 5 days ago when they offered me the hub, but I declined and showed them the tech-talk link and said I wanted a refund or an exchange!. And explained that the hub is different to the tvs hub.. 

 

I've informed curry's creation fiance so not sure if that's whats stopping curry's from replying...

 

Shall I resend the email again or wait? 

Cheers 

 

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Apprentice

This is normal, as soon as you ask for a refund Curry's just stop replying to your emails.

Great customer service, I will never buy a Samsung Tv or from Currys again.

Navigator
Neither will I if I can help it BigKen... I'm just going to resend the email anyway
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