Re: KS Owners refund - Page 25

paul1277 · ‎24-12-2017

Do all you good people who bought a 2016 Samsung TV know Samsung have stopped supporting it. The promised they would support HLG (BBC Iplayer HDR). This was in the Dec 2016 Trusted Reviews and What Hi Fi. They have not and if you had bought a Panasonic or LG 2016 set you would be able to watch Iplayer Blue Planet 2 in glorious HLG. This is a big issue because HLG looks like the standard for all over the air broadcasting. Samsung are not even supporting a 4K update to Iplayer. The reason looks like it will cost just 5 cents or pence per unit. So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!

You wrote in your Dec 2016 issue that Samsung were supporting HLG in their 2016 models. Do you know that Samsung have supported their 2017 models but not the 2016 models. I know because the BBC IPlayer Blue Planet 2 will not play in 4K or HLG. It's not good considering Panasonic and LG both do support their 2016 models. It means my KS model I bought in Jan is now deemed out of date by Samsung. It looks like their are royalty fees which Samsung will not pay! Not good.

All you people in the UK can return your KS TVs IF you bought it for the use of the smartthings Extend that will never be coming out for our TVs. ***** is how.

Tell them you want a full refund because they promised that if you bought a KS TV you would get a FREE Smartthings Extend. They proof you will need is easy to find and is the reason you bought this TV.

https://www.youtube.com/watch?v=IMc3V98yzNY

https://www.youtube.com/watch?v=yRSWoUmU5YQ

I bought mine from J Lewis and the Samsung Extend addvert is still there https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1

If you bought your KS TV from currys http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/

They both say that you will get a free smartthings extend USB dongle.

Now send you TVs back for a full refund Smiley Happy

All those who bought a Samsung TV in 2016 may have claim for miss selling. It basically means that all you folks who bought the 2016 Samsung units have 2 choices. After Dec 2016 and if you had seen any articles that are press release's about HLG support and that influenced you decision to buy may have a case. For all those owners who read the info from the retailers on their web pages and saw and was influenced by the promise of the smart connect which has not been honoured, then you also have a case for miss selling. If you all spread this in all available media then I am sure the retailers would put pressure on to Samsung to correct this. If nothing else you could end up with nice shiny LG or Panasonic, or the new Philips that all are HLG BBC iplayer compatible, and with the HDR10 plus that again Samsung have still not implemented, you may be best with LG and Dolby Vision.

Also take a copy of the retailers web page before they change the description.

https://www.youtube.com/watch?v=yRSWoUmU5YQ

I will try to explain how to get a refund for miss selling (seen how much the LG's have come down). I followed this way and got a full refund or a JS8000.

You need to show that you asked or believed that or influenced by claims made about the capabilities of the TV. With BBC Iplayer HLG it's from the Trusted reviews and What Hi Fi, and any other publications and if you asked the retailer.

https://www.whathifi.com/advice/hdr-tv-what-it-how-can-you-get-it#6locceZo3Zf8yi5T.99

you can show you had been informed.

It's different with the smart connect as that is advertised on the main retailers web sites,

https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1
http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/
https://www.youtube.com/watch?v=yRSWoUmU5YQ

As the donngle's have not turned up you now claim miss selling, so either go to your retailer or email them with the web page, and explain why you think you were miss sold. Also phone Citizens Advice 03444 111 444 and raise a case (this also gets past on to Trading Standards). Explain that the retailer informed you off the capabilities via their web page information, and either show the page printer or the link, as above.

They will advise and link you to some template letters to send to your retailer.

I had to send a letter of intent to take legal action (template from Citizens Advice) against Curry's but then they gave me a refund.

So mention all the promises from Samsung full support for HLG, Smart Connect, and HDR10+

It will cost nothing to ask and again may bring some pressure on to Samsung.

paul1277 · ‎25-01-2018

@ildeduuk wrote:
I have also contacted citizens advice:

"We understand from your email you purchased a TV and was advertised that is comes with a USB dongle on a website which belongs to the trader. You purchased one smart thing device and you found it with your TV because the USB dongle wasn't provided and you would like advice in regards to this.

Your rights and obligations:

Under the Consumer Rights Act 2015, all goods supplied by a trader to a consumer should match any description upon which you have relied to make your purchase.

You may be able to seek redress from the trader if the goods do not match their description.

You could look to request a repair or replacement in the first instance if that’s possible. Any repair or replacement should match the initial description you relied upon, should be free of charge, within reasonable time and not cause significant inconvenience.

If a repair or replacement is impossible, cannot be done free of charge, within a reasonable time or would cause significant inconvenience you could then request to either exercise your final right to reject the goods for a refund or, a price reduction on what you’ve paid for the goods.

The trader may deduct for usage taking into account the amount of time you’ve had possession of the goods. Any refund should be provided within 14 days of the refund being agreed and via the same payment method.

The burden of proof is on the trader; therefore they would need to prove that the goods match any description of which you relied on.

You may be able to claim consequential losses; these would typically be any losses you have suffered as a direct result of the trader supplying faulty goods.

You would need to provide evidence of any losses you have incurred and any losses would need to be kept as low as possible.

As you’ve paid by debit card, we would suggest contacting your bank to see if they offer a chargeback scheme. Chargeback is not a legal requirement; it’s voluntary and will be bound by its own terms and conditions.
This could be an alternative way of seeking redress.

Your next steps:

We would suggest that you contact the trader and request a copy of their formal complaints procedure and follow this. If the trader does not have a complaints procedure, we recommend you send a letter outlining the reasons for your complaint.

We would suggest setting a reasonable deadline for a response, keeping a copy of any correspondence for your records and sending any letters by recorded delivery; that way the mail will be tracked and signed for.

Template letters can be found here (https://www.citizensadvice.org.uk/consumer/template-letters/letters/), and a sample of recorded delivery can be found here (https://www.royalmail.com/personal/uk-delivery/signed-for-1st-class).

As part of your complaint we would recommend you ask the trader if they are a member of an Alternative Dispute Resolution scheme (ADR) or, if they’re not, would they be willing to use a non-membership based scheme.

ADR schemes are independent bodies that offer services such as arbitration or mediation if your complaint is still unresolved after following the trader’s complaints process.

What we'll do:
We will refer the information you have provided to Trading standards, there is no commitment for them to contact you directly, Trading Standards will only contact you if they deem it necessary. Whilst this does not help you resolve your dispute, it gives Trading Standards vital intelligence on how a trader is conducting their business."

I find it hard to believe their out right denial of what is black and white.

The advice from CAB is again clear, and looks like Curry's are playing the hard ball. Follow their advice and also contact you credit card💳 supplier for a section 75 refund. That's useful just to log this issue with them. These denials will go against them if court us needed as it clear they are lying to try to extract themselves from the charge of misrepresentation.

Paul

paul1277 · ‎25-01-2018

@ildeduuk wrote:
Last answer:

"When you purchased the TV online the description on our sales Website did not advise that the TV would come with a dongle for Smart Things.

As you have already been advise by Heather the TechTalk web site is a website that we run.

The TV is a Smart TV as you are aware as you have supplied the Link to me that shows the TVs capabilities.

The Smart things hub would not connect to the TV as it is a stand alone product with a SmartThings Hub you can connect with smart sensors, lights, locks, cameras and more to:

- Monitor your home from anywhere
- Control your home from the palm of your hand
- Secure your home and protect it from damage and danger
- Add any of the hundreds of compatible smart devices to enhance your home.

Please do let me know if you accept my offer of goodwill. I await your reponse."

I see what they are trying to do is to distance themselves from their own tech site. Which they have admitted is part of their site. Point out that in court the information supplied on the tech page would be seen as advertising from the retailer, which is Curry's, and it does say a smart connect would be supplied, which it was not.

You best bet is do as my last post advised.

Paul

paul1277 · ‎25-01-2018

@AntS hi me again can you please undo the accepted as solution as it was me and I acidently press the wrong button.

Thanks

Paul

ildeduuk · ‎25-01-2018

Final answer and I think this man hasn't been too polite with me with this sentence: "I am sorry to advise that we would not issue you with a contribution towards a new TV".

I will tell him he has been unrespectful with that. I'm only claiming what it is mine and what my rights are.

I don't understand whay he says about going to a ADR like ombudsman but he says he doesn't subscribe to any of them... what does it mean?

"Thank you for your response.

I am sorry to advise that we would not issue you with a contribution towards a new TV, as we do not feel that the TV was mis-sold. We are therefore unable to come to an amicable resolution to your request and therefore I am issuing you with a Final Position Email.

Final Position Email

I am sorry that we have been unable to resolve this matter to your satisfaction. We have now exhausted our internal complaints process and this is our final position.

What we cannot agree on and why

You feel that we have mis-sold the TV as it is not compatible with SmartThings and did not come with a SmartThings Dongle. We did not advertise the TV as being compatible with SmartThings and coming with the Smartthings Dongle . I do understand your comments as to the information provided on TechTalk, however we would only look to the advertisement at the time of purchase

We have refused to issue you with a refund as we do not accept that the TV was mis-sold or misrepresented at the time of purchase.

Taking your complaint further

We are obliged to inform you that you have the right to refer your complaint to an Alternative Dispute Resolution (ADR) provider. You have up to twelve months to do this.

Please find below the contact details for a certified ADR provider.

Ombudsman Services

Website www.ombudsman-services.org

Address:

Ombudsman Services

The Brew House

Widerspool

Greenall’s Avenue

Warrington

WA4 6HL

We need to advise you that ADR is voluntary and it is not a procedure to which we subscribe. Therefore any ADR decision would not be binding.

Thank you for taking the time to contact us. "

paul1277 · ‎25-01-2018

@ildeduuk wrote:
Final answer and I think this man hasn't been too polite with me with this sentence: "I am sorry to advise that we would not issue you with a contribution towards a new TV".

I will tell him he has been unrespectful with that. I'm only claiming what it is mine and what my rights are.

I don't understand whay he says about going to a ADR like ombudsman but he says he doesn't subscribe to any of them... what does it mean?

"Thank you for your response.

I am sorry to advise that we would not issue you with a contribution towards a new TV, as we do not feel that the TV was mis-sold. We are therefore unable to come to an amicable resolution to your request and therefore I am issuing you with a Final Position Email.

Final Position Email

I am sorry that we have been unable to resolve this matter to your satisfaction. We have now exhausted our internal complaints process and this is our final position.

What we cannot agree on and why

You feel that we have mis-sold the TV as it is not compatible with SmartThings and did not come with a SmartThings Dongle. We did not advertise the TV as being compatible with SmartThings and coming with the Smartthings Dongle . I do understand your comments as to the information provided on TechTalk, however we would only look to the advertisement at the time of purchase

We have refused to issue you with a refund as we do not accept that the TV was mis-sold or misrepresented at the time of purchase.

Taking your complaint further

We are obliged to inform you that you have the right to refer your complaint to an Alternative Dispute Resolution (ADR) provider. You have up to twelve months to do this.

Please find below the contact details for a certified ADR provider.

Ombudsman Services
Website www.ombudsman-services.org

Address:

Ombudsman Services
The Brew House
Widerspool
Greenall’s Avenue
Warrington
WA4 6HL

We need to advise you that ADR is voluntary and it is not a procedure to which we subscribe. Therefore any ADR decision would not be binding.

Thank you for taking the time to contact us. "

They are trying to confuse the issue. They keep referring to it as the smart thing dongle and the TV was never advertised as being compatible with the smart things. We are asking for the smart connect USB 2 dongle as advertised on their tech site, which Samsung said in their UK head office email that they were not supplying. By refuring to the issue as being the smart things they are right, so we need to keep on track and it's the smart connect not smart things.

The ADR is a free informal resolution but is not legally binding. It is suppose to simplify the process. Do no harm to have a look. Section 75 is the other free process.

Paul

ildeduuk · ‎25-01-2018

I have contacted to the Ombudsman and they say they cannot do anything :

"This is because the company does not participate in our scheme. It is not compulsory for companies to engage with an Alternative Dispute Resolution service or an Ombudsman scheme such as Consumer Ombudsman."

I cannot also use section 75 because I paid by debit card... I didn't know what section 75 meant after I bought the TV.

I think I don't have any more options. I can't accept what he says about I want the money to buy a new TV.

The last thing is what I said bad publicity, at least is something.

paul1277 · ‎25-01-2018

@ildeduuk wrote:
I have contacted to the Ombudsman and they say they cannot do anything :
"This is because the company does not participate in our scheme. It is not compulsory for companies to engage with an Alternative Dispute Resolution service or an Ombudsman scheme such as Consumer Ombudsman."
I cannot also use section 75 because I paid by debit card... I didn't know what section 75 meant after I bought the TV.
I think I don't have any more options. I can't accept what he says about I want the money to buy a new TV.
The last thing is what I said bad publicity, at least is something.

I think you need to go back to Curry's and clarify that the issue is not with the smart things not being supplied as advertised because as I said they are right. It is the smart connect which they did advertise on their tech page which you read as being supplied and it was not. It also said that with the smart connect your TV could be the center of your internet of things. Without the Smart connect it can not be there for misrepresentation. You need to make it clear you are not asking for the smart things dongle (there is not one), but the smart connect dongle.

Paul

ildeduuk · ‎25-01-2018

@paul1277 wrote:
@ildeduuk wrote:
I have contacted to the Ombudsman and they say they cannot do anything :
"This is because the company does not participate in our scheme. It is not compulsory for companies to engage with an Alternative Dispute Resolution service or an Ombudsman scheme such as Consumer Ombudsman."
I cannot also use section 75 because I paid by debit card... I didn't know what section 75 meant after I bought the TV.
I think I don't have any more options. I can't accept what he says about I want the money to buy a new TV.
The last thing is what I said bad publicity, at least is something.
I think you need to go back to Curry's and clarify that the issue is not with the smart things not being supplied as advertised because as I said they are right. It is the smart connect which they did advertise on their tech page which you read as being supplied and it was not. It also said that with the smart connect your TV could be the center of your internet of things. Without the Smart connect it can not be there for misrepresentation. You need to make it clear you are not asking for the smart things dongle (there is not one), but the smart connect dongle.
Paul

Done, but I think it will be the same position. let's see

paul1277 · ‎25-01-2018

@paul1277 wrote:
@ildeduuk wrote:
I have contacted to the Ombudsman and they say they cannot do anything :
"This is because the company does not participate in our scheme. It is not compulsory for companies to engage with an Alternative Dispute Resolution service or an Ombudsman scheme such as Consumer Ombudsman."
I cannot also use section 75 because I paid by debit card... I didn't know what section 75 meant after I bought the TV.
I think I don't have any more options. I can't accept what he says about I want the money to buy a new TV.
The last thing is what I said bad publicity, at least is something.
I think you need to go back to Curry's and clarify that the issue is not with the smart things not being supplied as advertised because as I said they are right. It is the smart connect which they did advertise on their tech page which you read as being supplied and it was not. It also said that with the smart connect your TV could be the center of your internet of things. Without the Smart connect it can not be there for misrepresentation. You need to make it clear you are not asking for the smart things dongle (there is not one), but the smart connect dongle.
Paul

Go back to Citizen Advice and inform them of their odd reply. Use the template and write a letter of intent to prosecute. Post to the CEO with all your evidence(print the tech page). If you bought from a store also send or drop off the same there. It's a case of putting pressure on them. When did you purchase your set?

ildeduuk · ‎25-01-2018

@paul1277 wrote:
@paul1277 wrote:
@ildeduuk wrote:
I have contacted to the Ombudsman and they say they cannot do anything :
"This is because the company does not participate in our scheme. It is not compulsory for companies to engage with an Alternative Dispute Resolution service or an Ombudsman scheme such as Consumer Ombudsman."
I cannot also use section 75 because I paid by debit card... I didn't know what section 75 meant after I bought the TV.
I think I don't have any more options. I can't accept what he says about I want the money to buy a new TV.
The last thing is what I said bad publicity, at least is something.
I think you need to go back to Curry's and clarify that the issue is not with the smart things not being supplied as advertised because as I said they are right. It is the smart connect which they did advertise on their tech page which you read as being supplied and it was not. It also said that with the smart connect your TV could be the center of your internet of things. Without the Smart connect it can not be there for misrepresentation. You need to make it clear you are not asking for the smart things dongle (there is not one), but the smart connect dongle.
Paul
Go back to Citizen Advice and inform them of their odd reply. Use the template and write a letter of intent to prosecute. Post to the CEO with all your evidence(print the tech page). If you bought from a store also send or drop off the same there. It's a case of putting pressure on them. When did you purchase your set?

I purchased the TV on november 2016. I already emailed the CEO and the person I have been dealing with was the person who answer my email to the CEO. It was bought at store

I have updated citizen advice with the last email.