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Hotshot

@CJH26wrote:

So I finally heard back from my credit card in regards to my Section 75 claim.

As the smart USB extend was described as "free" it carries no value and as such the claim cannot proceed.


I told them that my claim is for misrepresentation as the device heavily influenced my decision to purchase the television and without it it wont provide the functions that it was advertised as but they are sticking to it and wont accept the claim.

This is their final response so I am now getting a letter of deadlock to send to the financial ombudsman.


I still cant get over how John Lewis have treated their customers, It shows our worth to them!


The dongle was advertised as part of the TV as enabling a major function of the TV as the hub of your smart Internet of things.  I think they have seen in the advert where it says it will be supplied free in the future,  but is not advertised as a free add-on  but as a part of the TV function. The dongle was not available at time of purchase but the advert made it clear it would be supplied free of charge when available (there is no mention of it just being a freeby,  just like the smart remote). As we know the dongle will not be available so losing a advertised function of the TV.  This is misrepresentation. 

Navigator

@paul1111The dongle was advertised as part of the TV as enabling a major function of the TV as the hub of your smart Internet of things.  I think they have seen in the advert where it says it will be supplied free in the future,  but is not advertised as a free add-on  but as a part of the TV function. The dongle was not available at time of purchase but the advert made it clear it would be supplied free of charge when available (there is no mention of it just being a freeby,  just like the smart remote). As we know the dongle will not be available so losing a advertised function of the TV.  This is misrepresentation. 

 


Trust me I made this very clear to them and my feelings were well known, They are sticking with the fact that section 75 wont cover anything described as free.

 

Thats why I am sending it to the financial ombudsman for an independant review.

Apprentice

Hi All

 

I'm new to this forum and would like to share my experience of requesting a refund from currys for my 55KS7000 and ask for some advice.

 

I purchased the TV July 2016 and have requested a refund from Currys on the basis that the advertised SmartThing USB dongle has never been supplied. In total I've received 3 mails where each time they've stated that I need to raise this with Samsung and not themselves. I've been very clear that it's Currys I purchased the TV from and Currys who advertised the free dongle to enable features on the TV. Therefore it's Currys who are responsible under the Consumer Right Act 2015.

 

This is an extract from their latest response:

 

"We have now exhausted our internal complaints process and this is our final position.

As this is software supplied by the manufacturer that was never available on this device this would not be covered by the Consumer Rights Act.  The retailer is not responsible for software the device has or has not be sett up with by the manufacturer.  As you have been advised previously, if you wish to take this matter further this will need to be done through Samsung directly.

You have the right to refer your complaint to an Alternative Dispute Resolution (ADR) provider.  You have up to twelve months to do this. "

 

What would people suggest next? Send it to CEO?

 

I find it unbelievable that they take no responsibility for their own advertising and are now trying to label a physical dongle as software! (sorry rant over :smileyhappy

 

Any advice for next steps greatly appreciated.

 

Thanks

 

 

Hotshot

@matt14wrote:

Hi All

 

I'm new to this forum and would like to share my experience of requesting a refund from currys for my 55KS7000 and ask for some advice.

 

I purchased the TV July 2016 and have requested a refund from Currys on the basis that the advertised SmartThing USB dongle has never been supplied. In total I've received 3 mails where each time they've stated that I need to raise this with Samsung and not themselves. I've been very clear that it's Currys I purchased the TV from and Currys who advertised the free dongle to enable features on the TV. Therefore it's Currys who are responsible under the Consumer Right Act 2015.

 

This is an extract from their latest response:

 

"We have now exhausted our internal complaints process and this is our final position.

As this is software supplied by the manufacturer that was never available on this device this would not be covered by the Consumer Rights Act.  The retailer is not responsible for software the device has or has not be sett up with by the manufacturer.  As you have been advised previously, if you wish to take this matter further this will need to be done through Samsung directly.

You have the right to refer your complaint to an Alternative Dispute Resolution (ADR) provider.  You have up to twelve months to do this. "

 

What would people suggest next? Send it to CEO?

 

I find it unbelievable that they take no responsibility for their own advertising and are now trying to label a physical dongle as software! (sorry rant over :smileyhappy

 

Any advice for next steps greatly appreciated.

 

Thanks

 

 


The retailer is responsible for any thing it advertises on its website. It is up to the retailer to make sure what it advertises is correct and if not then consumer laws are there to protect customers.  Citizen's advice have already said there is a case. They are playing hard ball and hoping you will give up.  Until it goes to court it does look like they are playing the long game. 

Navigator

Bit of an update - I am still waiting on my section 75 paperwork to arrive from my credit card company, they are clearly in no rush.

 

I also sent a terse email to JL, as follows;

 

"Dear Richard (Richard ***** Director Relations Case Manager),

 
This is ridiculous, I really am surprised at the John Lewis stance on this.
 
John Lewis clearly advertised the television on its website with erroneous information and under the Consumer Rights Act 2015 all goods supplied by a trader to a consumer should match any description upon which has been relied to make a purchase. Given the facts, John Lewis appear to be in breach of the Consumer Rights Act 2015. I urge you to re-consider your position.
 
I am waiting on my credit company to pursue a section 75. After that, I will consider pursuing through the small claims court".
 
I had the following reply from JL on the 5th April
 
"Many thanks for your reply. 

I respect your decisions to pursue this matter with your credit card company. However, to clarify, our position on this matter remains the unchanged. I will update your case to reflect your comments. 

Thank you again for your time to date. If you have any other questions just let me know. 

Kind regards, 

Stephen *****
Director Relations Case Manager"
 
So, Section 75 next and then tbc, but possibly small claims court??
Explorer

They must be really sure if their position on all this ....

Black Belt 

@paulyoung666wrote:

They must be really sure if their position on all this ....

 

I don't think they are sure I think they are trying to make things difficult and hope you will think they are correct and so stop your claim. Its a case of causing doubt and they have never actually denied miss selling.  What gives says we have a case is Richer Sounds have replaced sets without question over this issue,  and would not have done if they did not have to. Curries have also paid compensation and Samsung have said on this forum that they would not be supplying the dongle as advertised. Citizen's advice have told me and others that they believe we have a case. 

They are hoping people will give. 


Explorer

HI, is someone able to send me a PDF or screenshot of the John Lewis site as it's now gone.  I bought mine KS8000 in Jan 2017 so will I be able to claim on dongle issue, I'm sure that it was advertised when I bought the TV.

Black Belt 

@sewarnerwrote:

HI, is someone able to send me a PDF or screenshot of the John Lewis site as it's now gone.  I bought mine KS8000 in Jan 2017 so will I be able to claim on dongle issue, I'm sure that it was advertised when I bought the TV.


Use the which tool on this thread and say it was advertised when you bought the TV,  as it was. 

Apprentice

Do you mind saying what credit card you have?

 

Also, was there any further info from the AV press?

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