Samsung Cashback at Carphone Warehouse (Currys)

visidigi

y3sitsm3 said:

arthurfowler said:

y3sitsm3 said:

arthurfowler said:

MattMattMattUK said:

erehwon said:

If not, I need to know who to go after. 

There is not anyone to "go after", as Born Again pointed out cashback promotions are paid entirely at the discretion of the promoter. 

This is not true. The offer was promoted directly on the CPW page of the item.

Misleading actions

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(2) A commercial practice satisfies the conditions of this paragraph—

(a)if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and

(b)it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

https://www.legislation.gov.uk/uksi/2008/1277/regulation/5/made

This seems nailed on in this example. 

CPW seem to have an ADR scheme you can complain to if their decision seemed final.

https://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{1f0bb8a0-926c-11e0-4223-f20203001e3d}


OP: Did you buy both in the same transaction or at different times?

Why do you think the OP would not have made the transaction if the cashback wasn't on offer?  Or the "average consumer"?

Do you think average people buy £600 phones just because there's a £100 off offer?  I suspect most do not.

I don't know if you are serious, but the answer is a resounding yes. If I saw a £600 phone with £100 cashback at retailer X and £0 cashback at retailer Y, then I suspect 99% of consumers would base a transactional decision on the cashback offer. 

So you'd have just not bought the phones if they weren't on offer?

You're assuming that the transactional decision means buying it from a certain retailer.  I don't see it that way because the reality is that the OP would have bought the phones regardless of where they came from, but thought they'd save £200 if they bought it from CPW.  The discount didn't influence their decision to buy, it influenced their decisions of whom they wanted to buy from, but they were going to buy the phones anyway, so the law doesn't apply here.

It didn't encourage them to purchase a product they wouldn't have purchased if it wasn't for the discount.

Disagree.

I might want the item, but can't afford it. A sale or promotion that reduces the price would make the item affordable. 

Or I might buy an item from a specific retailer or outlet because they have BNPL and the others don't. 

ThumbRemote

y3sitsm3 said:

arthurfowler said:

y3sitsm3 said:

arthurfowler said:

MattMattMattUK said:

erehwon said:

If not, I need to know who to go after. 

There is not anyone to "go after", as Born Again pointed out cashback promotions are paid entirely at the discretion of the promoter. 

This is not true. The offer was promoted directly on the CPW page of the item.

Misleading actions

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(2) A commercial practice satisfies the conditions of this paragraph—

(a)if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and

(b)it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

https://www.legislation.gov.uk/uksi/2008/1277/regulation/5/made

This seems nailed on in this example. 

CPW seem to have an ADR scheme you can complain to if their decision seemed final.

https://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{1f0bb8a0-926c-11e0-4223-f20203001e3d}


OP: Did you buy both in the same transaction or at different times?

Why do you think the OP would not have made the transaction if the cashback wasn't on offer?  Or the "average consumer"?

Do you think average people buy £600 phones just because there's a £100 off offer?  I suspect most do not.

I don't know if you are serious, but the answer is a resounding yes. If I saw a £600 phone with £100 cashback at retailer X and £0 cashback at retailer Y, then I suspect 99% of consumers would base a transactional decision on the cashback offer. 

So you'd have just not bought the phones if they weren't on offer?

You're assuming that the transactional decision means buying it from a certain retailer.  I don't see it that way because the reality is that the OP would have bought the phones regardless of where they came from, but thought they'd save £200 if they bought it from CPW.  The discount didn't influence their decision to buy, it influenced their decisions of whom they wanted to buy from, but they were going to buy the phones anyway, so the law doesn't apply here.

It didn't encourage them to purchase a product they wouldn't have purchased if it wasn't for the discount.

That is literally a transactional decision. A decision about a transaction. 

Whether to buy. Where to buy. When to buy. How to buy. All transactional decisions. Whether you 'see it that way' or not. 

erehwon

An update for anyone who has had the same problem.

I hadn't received the refund after nine days so I phone them again.  I was told that the £250 refund had been assigned to me but they didn't have my bank details, even though I had given them on the last call.  So I gave them again and was told it would take up to 5 business days to arrive in my account.  We shall see.

I don't think I'm being cynical when I say that I'm fairly sure that Currys deliberately makes it hard to get money out of them that they know they need to give to you.  I'm sure that the continuous delays will put a lot of people off, and they therefore save money.  They don't realise that it also puts people off buying anything from them ever again,