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Black Belt 

@R1ckmister wrote:

Absolute joke, if laws can be flouted by corporations  ... well ... no point getting political haha. 

 

Luckily i I have a friend who works for Currys, if all else fails I’m lucky enough to be told he’ll just sort out a replacement under warranty as I’ve had two repairs on this one aswell.

 

The whole scenario just stinks. To be fair wouldn’t be going through this rigmarole if the tv didn’t fail in the first place, literally every sammy tv I’ve had throughout the years has had poor QA, that’s a different topic again though. 


Thats the problem with civil law. If it was criminal law you would just call the police. Section 75 was brought in to help even things out, but until forced a company can just ignore your complaint. Also even when you win, there is no punisment so there is no incentive for the companies to do the right thing.  

 

Under the law you only need to except one repair then you can reject.

Explorer

@paul1277 wrote:

@R1ckmister wrote:

Absolute joke, if laws can be flouted by corporations  ... well ... no point getting political haha. 

 

Luckily i I have a friend who works for Currys, if all else fails I’m lucky enough to be told he’ll just sort out a replacement under warranty as I’ve had two repairs on this one aswell.

 

The whole scenario just stinks. To be fair wouldn’t be going through this rigmarole if the tv didn’t fail in the first place, literally every sammy tv I’ve had throughout the years has had poor QA, that’s a different topic again though. 


Thats the problem with civil law. If it was criminal law you would just call the police. Section 75 was brought in to help even things out, but until forced a company can just ignore your complaint. Also even when you win, there is no punisment so there is no incentive for the companies to do the right thing.  

 

Under the law you only need to except one repair then you can reject.


If it’s an extended warranty though I don’t think the reject rule applies. 

Black Belt 

@R1ckmister wrote:

@paul1277 wrote:

@R1ckmister wrote:

Absolute joke, if laws can be flouted by corporations  ... well ... no point getting political haha. 

 

Luckily i I have a friend who works for Currys, if all else fails I’m lucky enough to be told he’ll just sort out a replacement under warranty as I’ve had two repairs on this one aswell.

 

The whole scenario just stinks. To be fair wouldn’t be going through this rigmarole if the tv didn’t fail in the first place, literally every sammy tv I’ve had throughout the years has had poor QA, that’s a different topic again though. 


Thats the problem with civil law. If it was criminal law you would just call the police. Section 75 was brought in to help even things out, but until forced a company can just ignore your complaint. Also even when you win, there is no punisment so there is no incentive for the companies to do the right thing.  

 

Under the law you only need to except one repair then you can reject.


If it’s an extended warranty though I don’t think the reject rule applies. 


You need to look at the small print, but an extended will not cover misrepresentation I don't think.

Highlighted
Explorer

i thanks for that.  Can you explain a bit more,  because it was Samsung that first offered the hub,  and then the retailers started using it. 

Can you inform us where this info came from. 

Thanks

Paul


This is the excert from my court submission refuting the functionality offered by Currys as the solution to the missing hub:

 

"Whilst Samsung have agreed to provide a SmartThings hub, this device does not provide the same functionality as the integrated SmartThings Dongle as control and notifications are moved to a separate Smartphone or Tablet app that is used to control the smart home devices (see page 2 of the SmartThings Hub manual).

 

The only functions available using the separate hub with the TV as a “Thing” (according to the Samsung website) https://support.smartthings.com/hc/en-gb/articles/210766566-Samsung-TV-as-a-Thing ) are:

TV Controls

With SmartThings, you can control the following functions of your TV:

  • Power off
  • Channel control
  • Volume control (set value via slider, mute/unmute)”

 

The three functions above are vastly inferior to the originally advertised functionality (see exhibit #5 from the Currys website):

 

“SmartThings allows consumers to access all of their smart devices directly from their smartphone and SUHD TV, rather than having to control individual devices with a multitude of separate apps” – not possible with the separate hub

 

“With an outdoor camera connected to their Samsung Smart TV, customers can check when visitors arrive and choose to open their front door, directly from their sofa” – not possible with the separate hub

 

“Motion sensor alerts can also pop-up directly on the TV screen, if movement outside the home is picked up, providing more security and peace of mind, whether at home or away” – not possible with the separate hub

 

“The SmartThings application’s Cinema Mood also makes it easier than ever to create the perfect home theater environment. It enables consumers to automatically adjust everything from ambient lighting to surround sound, so they can instantly provide the optimal movie viewing experience.” – control of lighting from the TV is not possible even with the separate hub.

 

As existing Smart home devices such as lights, heating, sensors and cameras cannot be viewed or controlled from the TV, even with the offered SmartThings hub, this offer is not sufficient to replace the advertised functionality now missing from the TV and is thus rejected"

 

Hope that helps.

 

Regards

 

Neil

Explorer

If I were to take JL to small claims using all the brilliant information from contributors on this website, if I were to lose would I be liable for their costs etc? or is the most i could lose my time and the £60 fee?

 

Also, do I still have a case considering I bought my TV in June 2017? Does anybody know if the advert was still up at this point?

Black Belt 

@Gimpfont wrote:

If I were to take JL to small claims using all the brilliant information from contributors on this website, if I were to lose would I be liable for their costs etc? or is the most i could lose my time and the £60 fee?

 

Also, do I still have a case considering I bought my TV in June 2017? Does anybody know if the advert was still up at this point?


The advert was still up.  If you win you can claim expenses,  but if you lose I don't think so. If you look on the results thread,  someone took JL to count,  and they paid up including costs before court. 

Explorer

Thanks Paul, for all your help.

 

I understand if I win then I can claim my expenses from JL. If I lose, can JL claim their expenses from me?

 

THanks again.

 

AJ

Black Belt 

@Gimpfont wrote:

Thanks Paul, for all your help.

 

I understand if I win then I can claim my expenses from JL. If I lose, can JL claim their expenses from me?

 

THanks again.

 

AJ


I am sure but you are best asking citizens Advice.  Like a said they have already settled out of court.  So it might be useful to look that up and ask them why they have already settled out of court to someone else.  It's all on the refund results thread. 

Explorer

@Gimpfont wrote:

Thanks Paul, for all your help.

 

I understand if I win then I can claim my expenses from JL. If I lose, can JL claim their expenses from me?

 

THanks again.

 

AJ


No a defendant can’t just flip a charge against a claimant, doesn’t work like that, JL would have to swallow their legal fees (whole reason companies take out liability insurances etc and have dedicated legal departments to assess costs on a loss or win). 

 

You on the the other hand would lose all fees paid for your papers filed and representation (if any) if you lost, if you win JL would also have to reimburse you any fees due to their negligence. 

First Poster

Been going back and forth with John Lewis for 2-3 months.

 

This is there latest response.

 

Dear XXXX,
 
Thank you for your correspondence regarding the issue you’ve been having with your Samsung TV. This has been escalated to me as a Case Manager within the Customer Relations Department.
 
As previously advised by my colleague, Maria, the product description appearing on our website and at the point of sale was based solely on the information provided by Samsung, and I appreciate it caused frustration when Samsung failed to provide the promised SmartThings functionality and dongle.
 
Our website advised the dongle would be required to make the certain feature available at a later date, as the product was still in development. Samsung later confirmed the SmartThings Extend that was being developed at the time had been discontinued and replaced with a new, similar, service. Understandably, this alternative service would have differences. As with any manufacturer of hardware supplied with software, this would be subject to change through the life of the product and can be withdrawn or discontinued at any point. This situation falls outside of any retailers’ control.
 
To resolve this matter, Samsung have stated they’re offering a SmartThings hub free of charge to any customers who have purchased these televisions. To claim, please email xxxx
 
We’re not at liberty to discuss previous cases and other customers, as this would be a breach of Data Protection. We treat every case on an individual basis, and the offered SmartThings hub is Samsung’s official replacement for the removal of the functionality originally in development.
 
While I’m conscious this may not be the response you were hoping for, I’m confident I’ve clarified our position on this matter.
 
Kind regards,

 

XXXX

 

Anyone have any advise on how to respond?

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