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@Tell wrote:
Paul, anything posted here that is not properly wrapped up with a supporting affidavit from the recipient would be worthless in court, the other side would just say "we don't know who posted that and why they posted".

Which is why I said in one of my earlier postings that the individuals who undertook and won the ADR and/or received E-Mails from companies admitting to the issue should contact you, do a proper affidavit and the turn that into a PDF for you.

Courts are VERY an*l about how evidence must be presented.

 


If going to court affidavit from the recipient probably needed, but for sending to credit card company would a normal printed pdf document of the ADR claim not be sufficient?

Explorer

thanks for the link

Explorer

@Mylo75 wrote:

@Tell wrote:
Paul, anything posted here that is not properly wrapped up with a supporting affidavit from the recipient would be worthless in court, the other side would just say "we don't know who posted that and why they posted".

Which is why I said in one of my earlier postings that the individuals who undertook and won the ADR and/or received E-Mails from companies admitting to the issue should contact you, do a proper affidavit and the turn that into a PDF for you.

Courts are VERY an*l about how evidence must be presented.

 


If going to court affidavit from the recipient probably needed, but for sending to credit card company would a normal printed pdf document of the ADR claim not be sufficient?


My personal view would be treat the Credit Card company the same way you treat the court, they'll take it far more seriously if it was done as a proper affidavit.

 

 

Black Belt 

@Tell wrote:
Paul, anything posted here that is not properly wrapped up with a supporting affidavit from the recipient would be worthless in court, the other side would just say "we don't know who posted that and why they posted".

Which is why I said in one of my earlier postings that the individuals who undertook and won the ADR and/or received E-Mails from companies admitting to the issue should contact you, do a proper affidavit and the turn that into a PDF for you.

Courts are VERY an*l about how evidence must be presented.

I appreciate that for court but for section 75 and to retailers then it does no harm to use them. The ADR also has a traceable reference number to show it is genuine. 

Paul

Explorer
Paul

I'm not telling you how to do it, you asked my advice and I gave it and told you why I would do it that way.

Doing these things to a standard higher then required is usually more effective then trying to save 30 minutes of time because 'it is more work and I cannot be bothered' in my experience.

Of course it's up to each individual which way they want to go, but my advice won't change.
Voyager

@Sheraton6 wrote:

@tarbat wrote:

@Sheraton6 wrote:

I had the reply yesterday and it was rejected. I sent them the exact same info I sent to my retailer but they said I didn’t have a case. 


Did they give a reason for rejecting your case? This might help others pre-empt similar rejection.


The reason given was that I couldn't conclusively prove that the features in question (I mentioned HLG, HDR10+ & the SmartThings USB Extender) were shown to me by the company I purchased from as the articles I sent in with my case were from either Samsung or third parties (the WhatHifi & Trusted Reviews links from the beginning of this thread). Their stance was my contract was with the retailer and none of my supporting documentation pointed the finger at them miss-selling the TV. I couldn't find anything online (even via Internet Archive) from the retailer stating they advertised these features, although they did play a major role in my decision to purchase this model. The main thing I would take from my example is if you are making a Section 75 claim, please make sure you include print outs of the advert from the specific retailer showing the features you are missing. To be honest, I can understand my card suppliers point of view & I consider myself fortunate that the retailer was so quick to offer a solution.


Check this link for JL, in future anyone making claim against Currys or JL please use these links and do not forget to mention the fact Samsung sales team use floorspace in both Currys and JL to make smart things claim

https://www.johnlewis.com/samsung-ue55ks9000-curved-suhd-hdr-1-000-4k-ultra-hd-quantum-dot-smart-tv-...

 

Voyager

@Sheraton6 wrote:

@tarbat wrote:

@Sheraton6 wrote:

I had the reply yesterday and it was rejected. I sent them the exact same info I sent to my retailer but they said I didn’t have a case. 


Did they give a reason for rejecting your case? This might help others pre-empt similar rejection.


The reason given was that I couldn't conclusively prove that the features in question (I mentioned HLG, HDR10+ & the SmartThings USB Extender) were shown to me by the company I purchased from as the articles I sent in with my case were from either Samsung or third parties (the WhatHifi & Trusted Reviews links from the beginning of this thread). Their stance was my contract was with the retailer and none of my supporting documentation pointed the finger at them miss-selling the TV. I couldn't find anything online (even via Internet Archive) from the retailer stating they advertised these features, although they did play a major role in my decision to purchase this model. The main thing I would take from my example is if you are making a Section 75 claim, please make sure you include print outs of the advert from the specific retailer showing the features you are missing. To be honest, I can understand my card suppliers point of view & I consider myself fortunate that the retailer was so quick to offer a solution.


Check this link for JL, in future anyone making claim against Currys or JL please use these links and do not forget to mention the fact Samsung sales team use floorspace in both Currys and JL to make smart things claim, click on product description to expand and see smart things promose

https://www.johnlewis.com/samsung-ue55ks9000-curved-suhd-hdr-1-000-4k-ultra-hd-quantum-dot-smart-tv-...

 

Explorer

Finally found time to go swap the KS7000 for the LG B7. Very impressed so far!

 

Richer Sounds were totally great about it from start to finish. 

Explorer

Well I sent more additional information to JL but they replied back to me with the same rubbish about a SmartThings hub and refusing to budge.

 

Before all of this my TV had a fault with my screen. JL sent an engineer out who agreed I needed a new screen, that was back in the middle of May. I spoke to JL a week ago who said the parts need to be ordered but it's now been more than 28 working days since the engineer looked at the TV.

 

Am I now within my rights to ask for a replacement TV or refund?

 

Thanks

 

Helping Hand

No, sorry :(

The following applies to any item. As soon as you ever accept a repair, you're stuck for the life of that TV / warranty of having THAT TV repaired.
You have forever waived your right to a refund or replacement if you ever accept the first repair. Often retailers will trick you by asking you to "try a repair first".

The best option is always
1. get a refund.
2. Use the money to buy a new one. This starts a brand new contract. The Contract and Warranty clock resets to day 0.

the second best option is:
1. Accept a replacement. The clock does not reset . You might have 1 day or 364 days left on your warranty.

The worst option is:
1. Accept a repair.

EDIT to add: you can of course always ASK. And plead your case, given the circumstances. It is worth a try. But if they agree, it would be a goodwill / customer service guesture on their part - you don't have the "right" any more.

 

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