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Samsung cashback not paid
Samsung had a huge 20% cashback offer on TVs bought in May and June. I waited for 30 days, submitted my claims, had them validated by Samsung, but not paid.
Today I finally got through on the phone and they confirmed that there are issues with the scheme and they are currently not paying out. They had no forecast as to when they might.
I’ve raised a mis-selling complaint against John Lewis as they used the cashback as a lever to gain the sale.
if you participated in the Samsung 20years offer, you need to get onto your supplier. Let’s apply pressure to Samsung via the shops that sell their TVs.
Comments
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the terms and conditions are on the Samsung website. I have a validated claim that is not paid after 35 days. The terms say 30 days but they say they can’t meet this due to “an issue”
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I doubt you're going to get anywhere with the mis-selling angle. There's probably something in the terms of the promotion that allow for circumstances like this. There's possibly a system problem, or they've had some fraudulent claims and need to check how watertight the system is, or anything else, really.
It's worth a complaint and periodic chasing, but you're going to need to be more patient. The alternative is to tell JL you wish to cancel the contract and return the TV and see what they say. If they say yes, you might get a full refund. Would you be happy with that? Probably not, unless the price of the TV you wanted happens to have dropped by 20% in the meantime.
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https://api.my-samsung.com/UploadImages/terms/TermsConditionsLegal_91280.pdf
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What matters regarding your claim of mis-selling is whether JLP believed at the point of sale that the Samsung offer would be delivered.
No one expects JLP to see into the future. It appears from your own words that they told you about the offer in good faith and it was only later on that the wheels started to fall off. That's not mis-selling.
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In what way do you think that JL have "mis-sold" you a TV. The issues with the promotion are to do with Samsung - this is not JL's error.
All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have not could of.1 -
It’s not so much mis-selling but if JL advertised the cashback offer but it isn’t obtainable there would possibly be an argument of a prohibited misleading practice.
But it’s probably easier to send an LBA to the promoter, the company obviously have the money so will either have to pay OP or spend a lot more than OP is asking for to defend the case, terms seem simple at a glance, payment made within 30 days as OP says.In the game of chess you can never let your adversary see your pieces1 -
trading standards say that I do have a case against JL. The crunch is that the JL salesman went to great lengths to write out the cashback offers, dates and amounts which implies they were part of the contract which has now not been delivered. JL have engaged Samsung via their supply chain as lots of customers have the same issue.
I’ve sent the add and terms to the ASA too.
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hi, trading standards say I do have a case against JL. Their executive complaints team are on the case as it’s affecting a lot of their customers. I’ve given them a week and then said as far as I’m concerned they are in breach of the contract of sale and they can collect the TV. It’s in a games room so no big issue for me.
I put the issue on here to let others know about the problem. I’m legal savvy and as a retired person, have plenty of time to keep the pressure on Both JLP and Samsung.
today Samsung wrote to tell me they are outside of their terms and conditions but they have no forward plan. They are happily sending me all the evidence I need for a legal option should it come to that.After a bit of pressure, John Lewis are actively pursuing the case on our behalf.
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hi, thanks for this. I’m definitely prepared to go down this route (LBA). I’m just giving John Lewis 7 days to “do the right thing” first.
The bigger issue is on what scale is this at Samsung - as big as the Hoover free flights case? Samsung offered 20% cashback of high end tvs in the 5 weeks ahead of the World Cup and then are surprised by a massive uptake.
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I think you're getting ahead of yourself. I doubt there's a Hoover-type situation going on. My guess would be that as you say, they've been caught out by the success of the promotion and don't have the teams in place to process claims quickly enough. Or perhaps they've had a number of suspicious claims that are taking time to work through. Or both.
It sounds like you may be able to simply return the TV and cancel the contract, if JL have agreed it's not been fulfilled properly. Why wait?
P.S. how did you get a response/opinion from Trading Standards?
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