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Original topic:

KS Owners refund

(Topic created on: 30-06-2018 05:05 PM)
paul1277
Black Belt 
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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 So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!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 It means my KS model I bought in Jan is now deemed out of date by Samsung.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.

2,552 REPLIES 2,552
Stormed
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I’m currently getting together the relevant documentation and evidence to post to my credit card company to dispute the transaction. 

 

Ill be be posting it all off on Monday and will keep you all updated. Currys will be defeated (hopefully).

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paul1277
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@Stormed wrote:

I’m currently getting together the relevant documentation and evidence to post to my credit card company to dispute the transaction. 

 

Ill be be posting it all off on Monday and will keep you all updated. Currys will be defeated (hopefully).


It might also be useful to include the ADR result poster here to show an independent body has already ruled it as misrepresentation. 

Paul

Stormed
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@paul1277 wrote:

@Stormed wrote:

I’m currently getting together the relevant documentation and evidence to post to my credit card company to dispute the transaction. 

 

Ill be be posting it all off on Monday and will keep you all updated. Currys will be defeated (hopefully).


It might also be useful to include the ADR result poster here to show an independent body has already ruled it as misrepresentation. 

Paul


Thanks, I will do. I’m including the communication I’ve had with Currys, the emails I have sent have been created using the templates here which I have found very useful and I’d like to thank those for sharing!

paul1277
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@Stormed wrote:

@paul1277 wrote:

@Stormed wrote:

I’m currently getting together the relevant documentation and evidence to post to my credit card company to dispute the transaction. 

 

Ill be be posting it all off on Monday and will keep you all updated. Currys will be defeated (hopefully).


It might also be useful to include the ADR result poster here to show an independent body has already ruled it as misrepresentation. 

Paul


Thanks, I will do. I’m including the communication I’ve had with Currys, the emails I have sent have been created using the templates here which I have found very useful and I’d like to thank those for sharing!

 

Also highlight their admittance of misrepresentation by offering compensation and also their insistence of trying to confuse the issue between the smart tv platform which is about the apps,  and the smart things Donnie which is a specification of the tv promised would be made avialable by supplying the dongle. It says its free but it is part of the tv spec just like the remote control therefore is covered by the Consumer regs. 

Paul


Mylo75
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I'm in the same boat doing the same thing, section 75 of credit card against currys, let's hope we are successful.

tarbat
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So, I’ve received the deadlock letter from John Lewis today, and the good news is the final sentence, saying “John Lewis will accept Scottish legal jurisdiction if this is how you decide to proceed”. This means I can use the new simplified procedure and take the case to the Inverness Sherrifs Court.  Will cost me £102, and if I lose JL’s costs are limited to 10% of the claim, so £179.

 

JL accept that:

  • I purchased the TV from them.
  • The product description did say that the USB dongle would be provided to enable SmartThings functionality.
  • The suggested solution, a SmartThings hub, does not provide exactly the same functionality as the USB dongle. They argue that it is a “reasonable alternative”.

What’s the catch? They seem to admit everything, but still want to force me to go to court. I’m guessing that their argument will be that they’ve offered a “reasonable alternative”. To which my counter argument will be that it doesn’t enable control of SmartThings from the TV, doesn’t enable viewing the status of SmartThings on the TV, and requires the additional purchase of a mobile phone to operate it.

paul1277
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@tarbat wrote:

So, I’ve received the deadlock letter from John Lewis today, and the good news is the final sentence, saying “John Lewis will accept Scottish legal jurisdiction if this is how you decide to proceed”. This means I can use the new simplified procedure and take the case to the Inverness Sherrifs Court.  Will cost me £102, and if I lose JL’s costs are limited to 10% of the claim, so £179.

 

JL accept that:

  • I purchased the TV from them.
  • The product description did say that the USB dongle would be provided to enable SmartThings functionality.
  • The suggested solution, a SmartThings hub, does not provide exactly the same functionality as the USB dongle. They argue that it is a “reasonable alternative”.

What’s the catch? They seem to admit everything, but still want to force me to go to court. I’m guessing that their argument will be that they’ve offered a “reasonable alternative”. To which my counter argument will be that it doesn’t enable control of SmartThings from the TV, doesn’t enable viewing the status of SmartThings on the TV, and requires the additional purchase of a mobile phone 


The catch is they want you to think they are not worried.  Its classic kiddology and tactics to put doubts in your head. It costs nothing to start with a letter of i intent to take legal action. The templates are on cab site. Send a copy with your evidence to your store manager and head office. Also start a section 75 if you paid by credit card. 

Paul

tarbat
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@paul1277 wrote:
It costs nothing to start with a letter of i intent to take legal action. The templates are on cab site. Send a copy with your evidence to your store manager and head office. Also start a section 75 if you paid by credit card.

My plan now is to wait the remaining 27 days on my EU ODR complaint, so I can demonstrate that I've attempted ADR, and then pursue this through the Sheriffs Court.  I can't use the section 75 process as it wasn't purchased on credit card.

mrtickle
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@tarbat wrote:

JL accept that:

  • I purchased the TV from them.
  • The product description did say that the USB dongle would be provided to enable SmartThings functionality.
  • The suggested solution, a SmartThings hub, does not provide exactly the same functionality as the USB dongle. They argue that it is a “reasonable alternative”.

What’s the catch? They seem to admit everything, but still want to force me to go to court. I’m guessing that their argument will be that they’ve offered a “reasonable alternative”. To which my counter argument will be that it doesn’t enable control of SmartThings from the TV, doesn’t enable viewing the status of SmartThings on the TV, and requires the additional purchase of a mobile phone to operate it.


 

Great news about being able to have the case held in Scotland. JL have thrown you a bone there.

 

Glad about the clear facts that they accept. Wow, they are really taking a risk with the first one!!

 

I would say that you are still in a strong position.

 

The 2015 Consumer Rights Act doesn't say that offering you a "reasonable alternative" is allowed? It doesn't say that the retailer gets to choose what remedy to offer you? Surely they don't get to force ANY alternative on you. Even if the alternative would give you 100% functionality (moot point since it doesn't), I'd still say that it should be YOUR choice, not theirs.

 

I think the Act says that they must offer you a refund. That is what I would check up on. Based on @Ramos049's ADR and my brief reading, but my memory may be faulty. If so then it's that simple - JL doesn't get to decide what remedy they offer you - that was decided in Parliament, refund + costs, please.

 

 

Ramos049
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Totally agree with what @mrtickle has said, you are in a strong position. This is similar to my case against Richer Sounds. John Lewis has basically accepted that they have misrepresented when they sold the television and are arguing that the hub is a reasonable alternative. Richer Sounds offered me over £1500 or a LG OLED if I paid £200, this worked out to a 98% refund, yet ADR still ruled against them and said I was entitled to a full refund. If there was anything in the act about reasonable alternatives surely they would have stated that I accept one of their offers, but they didn't. Stay the course and I'm sure you'll win. If not I'll be more than willing to help pay some of the costs.