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Original topic:

KS Owners refund

(Topic created on: 16/08/18 18:47)
paul1277
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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 So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!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 It means my KS model I bought in Jan is now deemed out of date by Samsung.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.

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mrtickle
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@Gui007 wrote:

How are even currys making offers and yet JL are refusing a refund or exchange for a long standing customer who has spent £5000+ at JL in the last few years. I’m confused. 


Indeed. File under the same category as "Trump was elected" 😞

 

paul1277
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@mrtickle wrote:

@Gui007 wrote:

How are even currys making offers and yet JL are refusing a refund or exchange for a long standing customer who has spent £5000+ at JL in the last few years. I’m confused. 


Indeed. File under the same category as "Trump was elected" 😞

 


Odd in that JL have been giving full refunds, and it has been Curry's who are not doing so.

Paul

Tannoy20
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Please dont be thinking that John Lewis are blanket giving refunds. They have done so in a couple of cases, but I'd still say at least an equal amount or majority have been given nothing and have had to persue other means (court, or Section 75 like myself)

yannis_i
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I concur, it does not seem that JL's official policy is about giving refunds. Even after I sent my Letter Before Action, I called some days ago my case manager and she still denied any refund. I asked whether they are aware of any refunds given so far to other customers, and she mentioned that if they were they would be accidental. 

 

I still have a 18 days before the 25 days notice I gave in my LBA run out. Is there anybody perhaps who is closer to the small claims court with John Lewis?

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tarbat
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@yannis_i wrote:

Is there anybody perhaps who is closer to the small claims court with John Lewis?


I’m less than 2 weeks away from the court deadline, and JL’s solicitors are at last now negotiating a settlement with me. I’d say “watch this space”, but I’m not sure I’ll be able to share the details.  A part of me really wants it to go to the sheriff for a ruling, but another part is just sick of the whole process!! I guess it will depend on their final offer.

paul1277
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@tarbat wrote:

@yannis_i wrote:

Is there anybody perhaps who is closer to the small claims court with John Lewis?


I’m less than 2 weeks away from the court deadline, and JL’s solicitors are at last now negotiating a settlement with me. I’d say “watch this space”, but I’m not sure I’ll be able to share the details.  A part of me really wants it to go to the sheriff for a ruling, but another part is just sick of the whole process!! I guess it will depend on their final offer.


It's good that they are talking, and it is proberbly  due to it going to the solicitors who should know the law, instead of dealing with the customer support who work off crib sheets. 

It is a free country with respect to keeping us updated, and unless you agree to a non-disclosure which I hope you don't then yes keep posting. They have no legal right to stop you from passing on any info. Even in a criminal court, anyone can comment on the proceedings.

Paul

Tannoy20
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I'm obviously not sure the legalities of it all, but in terms of non disclosure agreements, can you do something along the equivalent of a warrant canary? (https://www.bbc.co.uk/news/technology-35969735 ) In otherwords post something along the likes of "I have not received a full refund" now before anything is resolved - then keep in mind that posts here are deletable/editable...Obviously as I say, Im not sure the legalities of this in regard to non disclosure agreements, and you shouldn't feel like you have to do something that could put you at risk at all, but if it applies to warrants maybe it could also help here?

 

Of course the other alternative is not to accept any non disclosure clause. After all, youre within your rights to get the full refund without any terms. 

yannis_i
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Did solicitors contact you after you sent the Letter Before Action? Or when you initiated the small claim process through Money Claim -after the Letter Before Action deadline expired?
tarbat
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@yannis_i wrote:
Did solicitors contact you after you sent the Letter Before Action? Or when you initiated the small claim process through Money Claim -after the Letter Before Action deadline expired?

They contacted me several weeks after John Lewis were formally served with the claim form by the Sheriff Court. They initially asked me for copies of the documents I listed in my claim that I would be using as evidence, and then a couple of weeks later contacted me with a proposed settlement, which I have so far rejected. This is under the Scottish system of “Simple Procedure”.

 

For info, this is the list of evidence documents I'm using:

1. Copy of "deadlock letter" from John Lewis.
2. Copy of product description.
3. Copy of a Retail ADR recommendation letter for a similar case against another retailer from 5th June 2018.
4. Copy of EU ODR Complaint form.
5. Timeline of emails, phone calls, etc.
6. Emails to/from John Lewis.

yannis_i
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That is incredibly useful @tarbat thank you. Another question if I may ask:

In my Letter Before Action, using a template from this forum if I remember correctly, I included supporting documents, where I mentioned the product description and the letter from Samsung CEO office mentioning that the functionality of the Smart Hub is not exactly the same as the Smart USB Extender (posted earlier in this forum too), so as to prove non-equivalence.

Is the claim process itself allowing for more supporting evidence once you start, where you used the list above? Or you used this evidence in the LBA too? Yours seems much more comprehensive and I have a deadlock letter too from John Lewis.
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