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Helping Hand

@paul1277 wrote:

@daleski75 wrote:

@paul1277 wrote:

@daleski75 wrote:

Dear *****,

 
Rather than keep you waiting I have called Citizens Advice and asked them the following questions.
 
1) Are Curry’s responsible for the advertisement of the Smart Thing Extend on their website.
Yes
 
2) Can Curry’s state they are not accountable for Samsung rescinding the product
No as the retailer advertised the product and by doing so this is misrepresentation if the product cannot be delivered and the decision to buy the tv was based off of this (which it was)
 
3) The offer from Curry’s for a non-equivalent tv despite age is this fair?
No due to misrepresentation Curry’s must offer a tv which is like for like
 
4) Do I have a case for misrepresentation and for the small claims court
Yes we believe you do and we (Citizens Advice) have also passed this onto Trading Standards
 
Because of all the above and the fact that Currys have repeatedly told me they are not responsible/accountable and are in clear breach of the consumer rights act of 2015 for mis-selling I will be now proceeding with court proceedings on the 29th of January if your final offer remains the same as before.
 
Regards,
 
 
Dale

we again await their response.


Yup let's see what they come back with as they have repeatedly tried to distance themselves from this whole thing and have now even lied in writing.


When I was speaking to cab and mentioned the various answers that Curry's were answering with I asked if that could be taken into account if it went to court. I was told it would not look good if  retailers resorted to miss leading customers about consumer law when they are very aware of the various regs. She went on to say that only court can enforce the regs but, if it's an open case as this seems the retailers rarely go to court but settle before as they know the likely outcome.

Paul


Once I have got the email in writing from CAB proving what I have told them then it's pretty much an open and shut case I reckon and considering Curry's have lied to try and get out of it, it doesn't look good for them.

 

I suspect they will still come back with their original offer, repeating the same stuff as before but what I cannot understand is that if all retailers know consumer law do they really think lying to customers is the best cause of action?

 

It doesn't take a rocket scientist to do research, make some calls to realise what Curry's are doing/saying is not true.

Black Belt 

@daleski75 wrote:

@paul1277 wrote:

@daleski75 wrote:

@paul1277 wrote:

@daleski75 wrote:

Dear *****,

 
Rather than keep you waiting I have called Citizens Advice and asked them the following questions.
 
1) Are Curry’s responsible for the advertisement of the Smart Thing Extend on their website.
Yes
 
2) Can Curry’s state they are not accountable for Samsung rescinding the product
No as the retailer advertised the product and by doing so this is misrepresentation if the product cannot be delivered and the decision to buy the tv was based off of this (which it was)
 
3) The offer from Curry’s for a non-equivalent tv despite age is this fair?
No due to misrepresentation Curry’s must offer a tv which is like for like
 
4) Do I have a case for misrepresentation and for the small claims court
Yes we believe you do and we (Citizens Advice) have also passed this onto Trading Standards
 
Because of all the above and the fact that Currys have repeatedly told me they are not responsible/accountable and are in clear breach of the consumer rights act of 2015 for mis-selling I will be now proceeding with court proceedings on the 29th of January if your final offer remains the same as before.
 
Regards,
 
 
Dale

we again await their response.


Yup let's see what they come back with as they have repeatedly tried to distance themselves from this whole thing and have now even lied in writing.


When I was speaking to cab and mentioned the various answers that Curry's were answering with I asked if that could be taken into account if it went to court. I was told it would not look good if  retailers resorted to miss leading customers about consumer law when they are very aware of the various regs. She went on to say that only court can enforce the regs but, if it's an open case as this seems the retailers rarely go to court but settle before as they know the likely outcome.

Paul


Once I have got the email in writing from CAB proving what I have told them then it's pretty much an open and shut case I reckon and considering Curry's have lied to try and get out of it, it doesn't look good for them.

 

I suspect they will still come back with their original offer, repeating the same stuff as before but what I cannot understand is that if all retailers know consumer law do they really think lying to customers is the best cause of action?

 

It doesn't take a rocket scientist to do research, make some calls to realise what Curry's are doing/saying is not true.


It is easier to keep replying than for them to make the right decision. I have had a reply from the Advertising Standards on both Samsung and Curry's adverts and they are investigating, so might also be worthwhile waiting for their response. If they find the advert misleading then that's what I would call a knockout. 

I was looking on AV Forums and was surprised about how many other people felt the same way. 

Paul

Helping Hand

@paul1277 wrote:

@daleski75 wrote:

@paul1277 wrote:

@daleski75 wrote:

@paul1277 wrote:

@daleski75 wrote:

Dear *****,

 
Rather than keep you waiting I have called Citizens Advice and asked them the following questions.
 
1) Are Curry’s responsible for the advertisement of the Smart Thing Extend on their website.
Yes
 
2) Can Curry’s state they are not accountable for Samsung rescinding the product
No as the retailer advertised the product and by doing so this is misrepresentation if the product cannot be delivered and the decision to buy the tv was based off of this (which it was)
 
3) The offer from Curry’s for a non-equivalent tv despite age is this fair?
No due to misrepresentation Curry’s must offer a tv which is like for like
 
4) Do I have a case for misrepresentation and for the small claims court
Yes we believe you do and we (Citizens Advice) have also passed this onto Trading Standards
 
Because of all the above and the fact that Currys have repeatedly told me they are not responsible/accountable and are in clear breach of the consumer rights act of 2015 for mis-selling I will be now proceeding with court proceedings on the 29th of January if your final offer remains the same as before.
 
Regards,
 
 
Dale

we again await their response.


Yup let's see what they come back with as they have repeatedly tried to distance themselves from this whole thing and have now even lied in writing.


When I was speaking to cab and mentioned the various answers that Curry's were answering with I asked if that could be taken into account if it went to court. I was told it would not look good if  retailers resorted to miss leading customers about consumer law when they are very aware of the various regs. She went on to say that only court can enforce the regs but, if it's an open case as this seems the retailers rarely go to court but settle before as they know the likely outcome.

Paul


Once I have got the email in writing from CAB proving what I have told them then it's pretty much an open and shut case I reckon and considering Curry's have lied to try and get out of it, it doesn't look good for them.

 

I suspect they will still come back with their original offer, repeating the same stuff as before but what I cannot understand is that if all retailers know consumer law do they really think lying to customers is the best cause of action?

 

It doesn't take a rocket scientist to do research, make some calls to realise what Curry's are doing/saying is not true.


It is easier to keep replying than for them to make the right decision. I have had a reply from the Advertising Standards on both Samsung and Curry's adverts and they are investigating, so might also be worthwhile waiting for their response. If they find the advert misleading then that's what I would call a knockout. 

I was looking on AV Forums and was surprised about how many other people felt the same way. 

Paul


Keep us posted about ASA and also it adds more weight to our cases against Samsung/Currys.

Helping Hand

Just as I thought.

 

Thank you for getting back to me. 
 
I am sorry to advise that we will not be providing a refund in full for the TV. Samsung have offered a resolution that would put you in a similar position as receiving the Dongle with the offer of a free SmartThings Hub. We have offered a resolution of a voucher for £549.00 to purchase a replacement unit.
 
I feel that this offer is just, should you wish to accept the offer you may keep the Samsung TV and the voucher can still be issued to you as a gesture of goodwill to bring the issue to resolve.  Please be advised that this is offered without prejudice and as a full and final settlement and does not imply that we accept responsibility. I will leave this offer open to you until the 29th January should you wish to accept.
 
I await your response.
 
**********
 
And my response.
 
Dear ******,
 
A “similar” position is not the same as what I originally brought the television for as the Smart Things Hub cannot be used with the television, as your stance is the same I will be proceeding with the small claims court by the 25th and Curry’s will be served notice for mis-representation.
 
Regards,
 
 
Dale
Explorer

The fact that Samsung offered resolution to the problem and you did not want to accept could be an issue infront of a judge could it not? Take all emotion and anger out of it and just look at it in black and white and that might be deemed a sensible resolution to the matter.

 

I obviously hope I am wrong but trying to think from different angles.

Highlighted
Helping Hand

@sneakyvtr wrote:

The fact that Samsung offered resolution to the problem and you did not want to accept could be an issue infront of a judge could it not? Take all emotion and anger out of it and just look at it in black and white and that might be deemed a sensible resolution to the matter.

 

I obviously hope I am wrong but trying to think from different angles.


My thoughts are even though they have it's not what I wanted and Curry's have advertised a product which should of come with the television but did not and this was my reason for purchasing the television so I am well within my rights to ask for a full refund due to mis-selling.

 

Appreciate your thoughts as well and I guess it would be down to whether the judge thinks that was a reasonable offer despite mis-selling on behalf of Curry's.

Black Belt 

@daleski75 wrote:

Just as I thought.

 

Thank you for getting back to me. 
 
I am sorry to advise that we will not be providing a refund in full for the TV. Samsung have offered a resolution that would put you in a similar position as receiving the Dongle with the offer of a free SmartThings Hub. We have offered a resolution of a voucher for £549.00 to purchase a replacement unit.
 
I feel that this offer is just, should you wish to accept the offer you may keep the Samsung TV and the voucher can still be issued to you as a gesture of goodwill to bring the issue to resolve.  Please be advised that this is offered without prejudice and as a full and final settlement and does not imply that we accept responsibility. I will leave this offer open to you until the 29th January should you wish to accept.
 
I await your response.
 
**********
 
And my response.
 
Dear ******,
 
A “similar” position is not the same as what I originally brought the television for as the Smart Things Hub cannot be used with the television, as your stance is the same I will be proceeding with the small claims court by the 25th and Curry’s will be served notice for mis-representation.
 
Regards,
 
 
Dale
 
I am surprised how quickly they are getting back to you. It's interesting how the last offer was finale and now the offer is the voucher as compensation. Do you want to spend your money at Curry's? 

Explorer
Yes that is true I suppose it does not detract from the point that you have an agreement with Curry's at the time and it has not been fulfilled. Does Samsung's offer of additional hardware make it work as advertised in the original agreement or something new all together?

On another note I have heard back from RS again and the store manager of the branch I bought it from is checking with head office to confirm I will be able to chose another brand but in his own words - "I should think that it wouldn't be a problem to go for another brand of television. I'll let you know what they say once I've spoken to them tomorrow."

In all honesty I was expecting a proper fight like you have had with Curry's but so far there has been no push back at all.
Helping Hand

@paul1277 wrote:

@daleski75 wrote:

Just as I thought.

 

Thank you for getting back to me. 
 
I am sorry to advise that we will not be providing a refund in full for the TV. Samsung have offered a resolution that would put you in a similar position as receiving the Dongle with the offer of a free SmartThings Hub. We have offered a resolution of a voucher for £549.00 to purchase a replacement unit.
 
I feel that this offer is just, should you wish to accept the offer you may keep the Samsung TV and the voucher can still be issued to you as a gesture of goodwill to bring the issue to resolve.  Please be advised that this is offered without prejudice and as a full and final settlement and does not imply that we accept responsibility. I will leave this offer open to you until the 29th January should you wish to accept.
 
I await your response.
 
**********
 
And my response.
 
Dear ******,
 
A “similar” position is not the same as what I originally brought the television for as the Smart Things Hub cannot be used with the television, as your stance is the same I will be proceeding with the small claims court by the 25th and Curry’s will be served notice for mis-representation.
 
Regards,
 
 
Dale
 
I am surprised how quickly they are getting back to you. It's interesting how the last offer was finale and now the offer is the voucher as compensation. Do you want to spend your money at Curry's? 


Definitely no and the voucher would mean I would have to hand back my 55KS7000 for a far inferior tv. I think Curry's are calling my bluff and reckon I won't go to the small claims court.

Black Belt 

@daleski75 wrote:

Just as I thought.

 

Thank you for getting back to me. 
 
I am sorry to advise that we will not be providing a refund in full for the TV. Samsung have offered a resolution that would put you in a similar position as receiving the Dongle with the offer of a free SmartThings Hub. We have offered a resolution of a voucher for £549.00 to purchase a replacement unit.
 
I feel that this offer is just, should you wish to accept the offer you may keep the Samsung TV and the voucher can still be issued to you as a gesture of goodwill to bring the issue to resolve.  Please be advised that this is offered without prejudice and as a full and final settlement and does not imply that we accept responsibility. I will leave this offer open to you until the 29th January should you wish to accept.
 
I await your response.
 
**********
 
And my response.
 
Dear ******,
 
A “similar” position is not the same as what I originally brought the television for as the Smart Things Hub cannot be used with the television, as your stance is the same I will be proceeding with the small claims court by the 25th and Curry’s will be served notice for mis-representation.
 
Regards,
 
 
Dale
 
Surprise that they are replying so quickly. Funny how their last offer was finale and now rather than replacement it's compensation. I also don't think it's good enough. Itvwill be interesting to see what ASA have to say. 
Paul

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