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Original topic:

KS Owners refund

(Topic created on: 23/10/18 18:34)
paul1277
Black Belt 
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TV

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 So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!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 It means my KS model I bought in Jan is now deemed out of date by Samsung.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
Mylo75
Navigator
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Yes currys say their lawyers are advising them and telling them what to do and so they continue to refuse to refund. 

 

Anyone know if mbna are in any way affiliated with currys, because when mbna refused my section 75 claim they just sounded like currys in spewing out "our lawyers say this and have told us to do this and bla bla"

 

Especially after tesco and barclaycard have agreed section 75 claims. 

paul1277
Black Belt 
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TV

@Mylo75 wrote:

Yes currys say their lawyers are advising them and telling them what to do and so they continue to refuse to refund. 

 

Anyone know if mbna are in any way affiliated with currys, because when mbna refused my section 75 claim they just sounded like currys in spewing out "our lawyers say this and have told us to do this and bla bla"

 

Especially after tesco and barclaycard have agreed section 75 claims. 


Have you appealed the decision?  The FO I think may come to the same decision as Barclays and Tesco credit.  It would be useful to mention these results.  It like a game if warring each other down,  and slowly the tide is turning in our favour,  and the more results the more evidence in our favour.  You just need to play the same game and follow the procedures,  and ask why you are being treated differently than other in the same situation. 

Paul

Box200
Apprentice
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TV

Can those who have already gone down the section 75 route advise if they have to have contacted the retailer and achieved a deadlock situation before pursuing the credit card company?

paul1277
Black Belt 
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@Box200 wrote:

Can those who have already gone down the section 75 route advise if they have to have contacted the retailer and achieved a deadlock situation before pursuing the credit card company?


You always have to contact your retailer first to give them the opportunity to correct the issue. There is a more condensed version of this tread with templates and letters people have used with success in the ks owners refund more info thread. 

Paul

Thrashbarg
Explorer
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TV

Yes. I gave John Lewis every opportunity to do the right thing. And made sure to keep all correspondance including confirmation by email of their final position, in order to include this as part of my section 75 claim.

Tannoy20
Navigator
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You actually dont have to reach deadlock with the retailer though as far as I know. I think Section 75 leaves them equally liable so you could just decide you dont like the retailer and go straight to the credit card.

 

Having said that though, you probably want the credit card company to be on your side. They've done nothing wrong, so it's probably fairer to get a confirmation of deadlock with the retailer and will look better on you to hopefully mean less hassle in the long run.

Tyler_Durden
Voyager
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TV

I have just received another email regarding my case with Currys.

 

"I thank for your emails and apologise for the delay in responding. I have noted your comments to our Defence however our position remains the same.

 

For clarity please note that any representations that were made about the dongle were as to the future. We had no special knowledge about the dongle and we made no statements about existing fact. If this is a misrepresentation then we believe it will be found to be entirely innocent (rather than fraudulently or negligently) and we had not reason to believe at the time the contract was made that Samsung would not introduce the dongle.

 

 

However, in the meantime please note that I have been liaising with Samsung in order to resolve the issue in respect of your TV. As stated in our Defence whilst the SmartThings Extend dongle was not launched in the UK by Samsung due to technical reasons, we are pleased to advise you that Samsung is now able to provide the functionality of Samsung SmartThings Hub (version 2) if you are seeking the SmartThings connectivity.

 

SmartThings have confirmed for cases where customers had purchased selected 2016 TVs with the expected functionality of a SmartThings Hub, SmartThings will provide a hub free of charge.

 

If you could provide me with your TV’s serial number and a picture of the label with all the information (usually at the back of the TV), I can contact SmartThings to have the Hub sent out to you.

 

We trust the above will resolve the issue and allow your TV to become connected to the SmartThings feature.

 

I hope you find the above as a satisfactory resolution to your dispute.

 

I look forward to hearing from you.

 

Yours sincerely,"

 

I am just contemplating my response, but it's likely to be somthing like this:

"

Thank you for admitting misrepresentation, however whether or not the misrepresentation was innocent the fact is that it still occurred, and therefore the only recourse is to reverse the contract. 

I am aware of the Smart Hub 2. Unfortunately this really isn't a suitable replacement for the promised functionality of a completely integrated TV system where smart things are managed on a big screen. 

Have look at these video that shows a small amount of what I should be able to do -

 

https://www.youtube.com/watch?v=KPhLa2ddWFY 

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

 

I am sure you will see that without the screen many of these functions are not possible.

 

Yours sincerely"

 

I would appreciate any feedback on this before I send it.

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paul1277
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@Tyler_Durden wrote:

I have just received another email regarding my case with Currys.

 

"I thank for your emails and apologise for the delay in responding. I have noted your comments to our Defence however our position remains the same.

 

For clarity please note that any representations that were made about the dongle were as to the future. We had no special knowledge about the dongle and we made no statements about existing fact. If this is a misrepresentation then we believe it will be found to be entirely innocent (rather than fraudulently or negligently) and we had not reason to believe at the time the contract was made that Samsung would not introduce the dongle.

 

 

However, in the meantime please note that I have been liaising with Samsung in order to resolve the issue in respect of your TV. As stated in our Defence whilst the SmartThings Extend dongle was not launched in the UK by Samsung due to technical reasons, we are pleased to advise you that Samsung is now able to provide the functionality of Samsung SmartThings Hub (version 2) if you are seeking the SmartThings connectivity.

 

SmartThings have confirmed for cases where customers had purchased selected 2016 TVs with the expected functionality of a SmartThings Hub, SmartThings will provide a hub free of charge.

 

If you could provide me with your TV’s serial number and a picture of the label with all the information (usually at the back of the TV), I can contact SmartThings to have the Hub sent out to you.

 

We trust the above will resolve the issue and allow your TV to become connected to the SmartThings feature.

 

I hope you find the above as a satisfactory resolution to your dispute.

 

I look forward to hearing from you.

 

Yours sincerely,"

 

I am just contemplating my response, but it's likely to be somthing like this:

"

Thank you for admitting misrepresentation, however whether or not the misrepresentation was innocent the fact is that it still occurred, and therefore the only recourse is to reverse the contract. 

I am aware of the Smart Hub 2. Unfortunately this really isn't a suitable replacement for the promised functionality of a completely integrated TV system where smart things are managed on a big screen. 

Have look at these video that shows a small amount of what I should be able to do -

 

https://www.youtube.com/watch?v=KPhLa2ddWFY 

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

 

I am sure you will see that without the screen many of these functions are not possible.

 

Yours sincerely"

 

I would appreciate any feedback on this before I send it.


It does seem that they have quite clearly admitted misrepresentation,  and it seems they have not looked into the law on this,  as we have seen even when it's innocent they can offer any sort if compensation but it is down to the person to accept their compensation or ask for things to be returned to as it was,  ie  you return TV and get a full refund.  It may be useful to say to them it is the law to reverse the contract,  and with their admittance of misrepresentation in writing, it will be easy to show in court that they have misrepresented the product and how can they defend against that. 

I must admit they are really trying and I think I would have sacked the legal team. I think one of the golden things I thought there legal would have said is don't admit to anything. By offering the smart thing hub they have already admitted they are at fault. 

I think in the telephone conversation it may be useful to start by saying they have admitted misrepresentation,  which you can prove,  and show that under the misrepresentation law they have to reverse the contract. 

It all gets better. 

Paul

paul1277
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@paul1277 wrote:

@Tyler_Durden wrote:

I have just received another email regarding my case with Currys.

 

"I thank for your emails and apologise for the delay in responding. I have noted your comments to our Defence however our position remains the same.

 

For clarity please note that any representations that were made about the dongle were as to the future. We had no special knowledge about the dongle and we made no statements about existing fact. If this is a misrepresentation then we believe it will be found to be entirely innocent (rather than fraudulently or negligently) and we had not reason to believe at the time the contract was made that Samsung would not introduce the dongle.

 

 

However, in the meantime please note that I have been liaising with Samsung in order to resolve the issue in respect of your TV. As stated in our Defence whilst the SmartThings Extend dongle was not launched in the UK by Samsung due to technical reasons, we are pleased to advise you that Samsung is now able to provide the functionality of Samsung SmartThings Hub (version 2) if you are seeking the SmartThings connectivity.

 

SmartThings have confirmed for cases where customers had purchased selected 2016 TVs with the expected functionality of a SmartThings Hub, SmartThings will provide a hub free of charge.

 

If you could provide me with your TV’s serial number and a picture of the label with all the information (usually at the back of the TV), I can contact SmartThings to have the Hub sent out to you.

 

We trust the above will resolve the issue and allow your TV to become connected to the SmartThings feature.

 

I hope you find the above as a satisfactory resolution to your dispute.

 

I look forward to hearing from you.

 

Yours sincerely,"

 

I am just contemplating my response, but it's likely to be somthing like this:

"

Thank you for admitting misrepresentation, however whether or not the misrepresentation was innocent the fact is that it still occurred, and therefore the only recourse is to reverse the contract. 

I am aware of the Smart Hub 2. Unfortunately this really isn't a suitable replacement for the promised functionality of a completely integrated TV system where smart things are managed on a big screen. 

Have look at these video that shows a small amount of what I should be able to do -

 

https://www.youtube.com/watch?v=KPhLa2ddWFY 

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

 

I am sure you will see that without the screen many of these functions are not possible.

 

Yours sincerely"

 

I would appreciate any feedback on this before I send it.


It does seem that they have quite clearly admitted misrepresentation,  and it seems they have not looked into the law on this,  as we have seen even when it's innocent they can offer any sort if compensation but it is down to the person to accept their compensation or ask for things to be returned to as it was,  ie  you return TV and get a full refund.  It may be useful to say to them it is the law to reverse the contract,  and with their admittance of misrepresentation in writing, it will be easy to show in court that they have misrepresented the product and how can they defend against that. 

I must admit they are really trying and I think I would have sacked the legal team. I think one of the golden things I thought there legal would have said is don't admit to anything. By offering the smart thing hub they have already admitted they are at fault. 

I think in the telephone conversation it may be useful to start by saying they have admitted misrepresentation,  which you can prove,  and show that under the misrepresentation law they have to reverse the contract. 

It all gets better. 

Paul


They also state that they had no idea that Samsung would remove the dongle in the future then that is innocent,  and yes it is but they still profited from advertising the dongle and the smart things functions,  and that is why the Oct 2015 consumer regs say that a product has to be as advertised,  innocent or malicious, and if not then that is misrepresentation as per the misrepresentation law. 

PeteDansk
Explorer
Options
TV

@Tyler_Durden wrote:

I have just received another email regarding my case with Currys.

 

"I thank for your emails and apologise for the delay in responding. I have noted your comments to our Defence however our position remains the same.

 

For clarity please note that any representations that were made about the dongle were as to the future. We had no special knowledge about the dongle and we made no statements about existing fact. If this is a misrepresentation then we believe it will be found to be entirely innocent (rather than fraudulently or negligently) and we had not reason to believe at the time the contract was made that Samsung would not introduce the dongle.

 

 

However, in the meantime please note that I have been liaising with Samsung in order to resolve the issue in respect of your TV. As stated in our Defence whilst the SmartThings Extend dongle was not launched in the UK by Samsung due to technical reasons, we are pleased to advise you that Samsung is now able to provide the functionality of Samsung SmartThings Hub (version 2) if you are seeking the SmartThings connectivity.

 

SmartThings have confirmed for cases where customers had purchased selected 2016 TVs with the expected functionality of a SmartThings Hub, SmartThings will provide a hub free of charge.

 

If you could provide me with your TV’s serial number and a picture of the label with all the information (usually at the back of the TV), I can contact SmartThings to have the Hub sent out to you.

 

We trust the above will resolve the issue and allow your TV to become connected to the SmartThings feature.

 

I hope you find the above as a satisfactory resolution to your dispute.

 

I look forward to hearing from you.

 

Yours sincerely,"

 

I am just contemplating my response, but it's likely to be somthing like this:

"

Thank you for admitting misrepresentation, however whether or not the misrepresentation was innocent the fact is that it still occurred, and therefore the only recourse is to reverse the contract. 

I am aware of the Smart Hub 2. Unfortunately this really isn't a suitable replacement for the promised functionality of a completely integrated TV system where smart things are managed on a big screen. 

Have look at these video that shows a small amount of what I should be able to do -

 

https://www.youtube.com/watch?v=KPhLa2ddWFY 

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

 

I am sure you will see that without the screen many of these functions are not possible.

 

Yours sincerely"

 

I would appreciate any feedback on this before I send it.


I think you could highlight the (We had no special knowledge about the dongle and we made no statements about existing fact). They had no special knowledge although they post all about it on their techtalk website which is aimed at enthusiast.