Samsung compensation/refund problem - do I have any rights?

IrnMike

Hello everyone, Iv'e been reading these forums but I tried to solve my situation myself first but to no avail.. My horrible experience is a really long one, but I'll follow Squeaky's guidelines to make it understandable. I tried making it short but I'd be missing out a lot of information.

What I bought and the issue
I bought a Samsung Note 4 on contract around 20 odd months ago from EE over the phone. I pay for this through direct debit. 8 weeks ago I sent it in for repair to Samsung (Samsung offer 24 months warranty & I think EE only cover the first 12 months?). It was sent on 30/07/2016. A week later it came back broken when i unboxed it so I sent it back on the same day & haven't had a phone ever since. It has now been 2 months & I am still being messed around by Samsung support .

What's been happening ever since
Iv'e been getting the runaround from Samsung them every time I called (every other day). They contradicted themselves, blaming various departments & I was in the middle trying to sort this out. I was strung along the whole time until I got my first phone call over 6weeks later telling me that they had no choice but to offer a depreciated refund or a different replacement to which I had to accept (I desperately need a phone). After this phone call I spoke to the goodwill gestures department.

What I want is a refund/compensation for at least the period I had been paying for for a phone I didn't have because of them, so I asked Samsung if they could at least refund that for me & they agreed to do so if I showed them payment invoices. Iv'e seen people receive apologies, VR headsets & such from Samsung from smaller/shorter issues, & the amount of trouble they have caused me is unreal & I thought they would at least compensate the monthly payments Iv'e been making.

What Samsung are now telling me
They never let me speak to a manager but strangely today, I was put through to someone who claimed to be the top team manager of the whole department and complaints procedure. He was dismissive & even went back on Samsung's word that they would refund the 2 months payments Iv'e been making for the phone. I told him of how his staff and even himself have been telling nonstop lies but to no avail & he told me to go to EE instead. He shot down everything I said & just offered a generic £20 Tesco voucher to take it or leave it. I asked if I could write a letter of complaint to an alternate address or the CEO's address (Iv'e seen some people with smaller cases do this & succeed), as he obviously didn't care. He told me that I could try but all of this will come back to him & he won't do anything about it.

My apologies for the long post, but after today's conversation I'm left a little upset (hate to say it) that I was dealt with like this for 8 weeks, still don't have a phone & all I got was a generic I understand your frustration. Do I have any rights with regards to receiving compensation or at least having reimbursement for the monthly payments, or am I at a loss here? :mad:

Thank You

[Deleted User]

Have you received the replacement phone?

JJ_Egan

Your rights under the law are against the vendor not Samsung .
The Samsung warranty is 24 month but is highly restricted and subject to Samsung's strict T&C.

Basically you should have gone back to the vendor under the Sale Of Goods Act / Consumer Regulations in the first instance .

takman

When you take out a contract the monthly payment covers two things; paying for the phone and paying for access and use of the phone network.

Considering that they are giving you the money back for the phone anyway you can expect to be reimbursed for that part of the monthly payment.
The second part of the payment which allows access to the network does not depend on that specific phone. Plus you could have gone out and got a £10 phone or borrowed someones old phone for the two months to continue using your contract. So I don't really think you can expect any kind of compensation if they don't want to give it to you!.

But as the poster above said it is all irrelevant because you didn't go through the person who sold you the phone. So any compensation would have to be obtained via a court case and as I explained above I doubt you would get anything.

[Deleted User]

deannatrois wrote: »

Have you received the replacement phone?

Answered here;

IrnMike wrote: »

still don't have a phone

bris

Moneyineptitude wrote: »

Answered here;

They did say they accepted a replacement and were now trying for goodwill or compensation.


the answer to that is you are not legally entitled to anything from Samsung and any consequential losses would have to come from EE.


Problem there is you never gave EE the chance to sort the problem and went straight to Samsung. Now don't get me wrong EE would have washed their hands of it and told you to deal with Samsung any way but at least you would have given them the chance.
Call EE anyway and see if you can get a couple of months free for the trouble.

[Deleted User]

bris wrote: »

They did say they accepted a replacement and were now trying for goodwill or compensation.

They have accepted a replacement but have yet to receive it.

IrnMike wrote: »

still don't have a phone

IrnMike

Thanks for the response guys. I accepted the replacement a few weeks ago and by chasing it up the last 2 weeks I finally received it today :j but it's hard to be happy with the what they put me through..

I was puzzled by the fact that Samsung initially said I would be reimbursed for my 2 months payments, and they even provided me the email to send them my payment invoices. However yesterday another manager laughed at the fact I told him his colleague said it and went back on their word which is what I was confused and a little upset about. The Samsung Note 4 was the best phone Iv'e ever had, but the after sales service was the worst Iv'e ever had

Iv'e been a loyal customer with Samsung and EE for many years, so I will try to speak with EE about it and see what happens.