Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • CJH26
    • By CJH26 14th May 18, 4:02 PM
    • 7Posts
    • 0Thanks
    CJH26
    John Lewis - Undelivered Goods
    • #1
    • 14th May 18, 4:02 PM
    John Lewis - Undelivered Goods 14th May 18 at 4:02 PM
    Hi, I am looking for some advice with this ongoing problem. I apologise for the long post but I didn't want to miss out anything important.

    I purchased a television from John Lewis in November 2016, At the time it was advertised as coming at a later date with an USB accessory that would enable the TV to be used to control your smart devices in your home. This never materialized as it was cancelled.

    The John Lewis product page featured this advertisement and heavily influenced my decision to purchase, I told them I would like to return it for a refund, After many emails they have admitted it was advertised as such and that they would offer me a £100 refund and another device that offers similar functionality, I have rejected this as it does not provide the same functionality of the originally advertised device which was why I bought the TV.

    I started a Section 75 claim with my bank who responded last week, Having reviewed the evidence they state the claim cannot proceed as the promised device was listed as being provided for "free". My argument is that my claim is not based on the value of the device it is the functionality it was to provide and since they are not going to deliver on that the TV was sold with misrepresentation.

    This is their final decision, I have a letter of deadlock and have contacted the financial ombudsman who will get back within 12 weeks. They will however only consider an action against my bank as they are the financial part and not John Lewis.

    I am still in communication with John Lewis but they maintain that their stance remains unchanged despite all the above and citizens advice being in agreement.

    John Lewis state of their website if I am not happy I can contact the online dispute resolution but is there anything else I can do to make them comply?

    I appreciate you reading this and any suggestions on how to proceed.
    Thank You
Page 1
    • marliepanda
    • By marliepanda 14th May 18, 4:16 PM
    • 6,574 Posts
    • 14,121 Thanks
    marliepanda
    • #2
    • 14th May 18, 4:16 PM
    • #2
    • 14th May 18, 4:16 PM
    If you have been using the TV since November 2016 (ie over a year and a half...) then you are not entitled to a full refund.
    • bris
    • By bris 14th May 18, 4:25 PM
    • 7,897 Posts
    • 6,865 Thanks
    bris
    • #3
    • 14th May 18, 4:25 PM
    • #3
    • 14th May 18, 4:25 PM
    At best a partial refund of about 50% is all you would be entitled to as you can't just use a telly for over 18 months for free. However as you have used the TV for this long then acceptance has taken place a long time ago therefor accept the £100 before they change their mind.
    • CJH26
    • By CJH26 14th May 18, 4:30 PM
    • 7 Posts
    • 0 Thanks
    CJH26
    • #4
    • 14th May 18, 4:30 PM
    • #4
    • 14th May 18, 4:30 PM
    I appreciate the responses but I think an important part has been missed.

    The TV was purchased in November 2016 at which point the promised device was to be delivered at a later date.

    It wasnít until the start of this year that Samsung officially confirmed the device was not going to be made.

    As soon as this was announced I immediately put in my complaint.

    Although it has no bearing I should also point out that other retailers have issued full refunds for this TV for the same reason.
    Last edited by CJH26; 14-05-2018 at 4:33 PM.
    • LilElvis
    • By LilElvis 14th May 18, 4:38 PM
    • 3,823 Posts
    • 10,360 Thanks
    LilElvis
    • #5
    • 14th May 18, 4:38 PM
    • #5
    • 14th May 18, 4:38 PM
    What resolution are you looking for? A 100% refund?

    Out of interest what was the original purchase price.
    • CJH26
    • By CJH26 14th May 18, 4:41 PM
    • 7 Posts
    • 0 Thanks
    CJH26
    • #6
    • 14th May 18, 4:41 PM
    • #6
    • 14th May 18, 4:41 PM
    Ideally yes id like to return it so I can buy one that will provide the functionality that was advertised. It was £799
    • marliepanda
    • By marliepanda 14th May 18, 5:05 PM
    • 6,574 Posts
    • 14,121 Thanks
    marliepanda
    • #7
    • 14th May 18, 5:05 PM
    • #7
    • 14th May 18, 5:05 PM
    I appreciate you were promised something which has not materialised.

    Still, you cannot expect free use of the property because of this.
    • CJH26
    • By CJH26 14th May 18, 5:14 PM
    • 7 Posts
    • 0 Thanks
    CJH26
    • #8
    • 14th May 18, 5:14 PM
    • #8
    • 14th May 18, 5:14 PM
    Even tho it was only confirmed in January/February that it was not being made?

    Refund amount aside is there anything else you can suggest that I have not tried?
    • BoGoF
    • By BoGoF 14th May 18, 5:22 PM
    • 3,472 Posts
    • 2,778 Thanks
    BoGoF
    • #9
    • 14th May 18, 5:22 PM
    • #9
    • 14th May 18, 5:22 PM
    Ask yourself.....has this stopped you using the tv for it's primary purpose (watching tv) for the last year and a half?

    I'll guess the answer will be no. On that basis you are not going to get a full refund.
    • LilElvis
    • By LilElvis 14th May 18, 5:29 PM
    • 3,823 Posts
    • 10,360 Thanks
    LilElvis
    A £100 refund plus a free device sounds like a good offer on an £800 TV for a minor loss in functionality.
    • ThumbRemote
    • By ThumbRemote 14th May 18, 7:56 PM
    • 3,919 Posts
    • 4,980 Thanks
    ThumbRemote
    John Lewis have breached the Consumer Protection from Unfair Trading regulations 2008. See http://www.legislation.gov.uk/uksi/2008/1277/contents/made in particular section 5, which describes misleading actions.

    The remedies due under this act were specified in an amendment from 2014, see http://www.legislation.gov.uk/uksi/2014/870/made and the Part 4A section. Unfortunately you only have 90 days to reject the goods. You are however entitled to a reduction in the price paid - the act gives 4 bands, of 25%, 50%, 75% and 100%.

    Any remedy due is only if the issue is 'more than minor'. If you feel that you can demonstrate that this is the case, then you could push for a 25% refund as per your rights under these acts.
    • dj1471
    • By dj1471 14th May 18, 8:34 PM
    • 1,303 Posts
    • 906 Thanks
    dj1471
    John Lewis have breached the Consumer Protection from Unfair Trading regulations 2008. See http://www.legislation.gov.uk/uksi/2008/1277/contents/made in particular section 5, which describes misleading actions.
    Originally posted by ThumbRemote
    What's that assertion based on? Have you seen the original TV product page?

    My understanding of the OP's posts is that Samsung were intending to produce an additional device that would be supplied for free (by Samsung, rather than JL) when it was released. Samsung subsequently changed their mind and didn't produce it. As such I can't see how JL have done anything misleading, they simply communicated an offer from the manufacturer which they believed to be genuine.

    Were there some T&Cs for this offer?
    • ThumbRemote
    • By ThumbRemote 14th May 18, 8:50 PM
    • 3,919 Posts
    • 4,980 Thanks
    ThumbRemote
    What's that assertion based on? Have you seen the original TV product page?

    My understanding of the OP's posts is that Samsung were intending to produce an additional device that would be supplied for free (by Samsung, rather than JL) when it was released. Samsung subsequently changed their mind and didn't produce it. As such I can't see how JL have done anything misleading, they simply communicated an offer from the manufacturer which they believed to be genuine.

    Were there some T&Cs for this offer?
    Originally posted by dj1471
    The CPUTRs are written with the consumer in mind, so the intent doesn't matter - just that the consumer was misled. You can take even action against the retailer for the manufacturers own publicity.
    • CJH26
    • By CJH26 14th May 18, 9:22 PM
    • 7 Posts
    • 0 Thanks
    CJH26
    @ThumbRemote Thank you for the advice, Thatís interesting. My problem is I have been communicating with them since February at high level management and they remain firm on their offer and that they will not change. So I am unsure how to proceed.

    As stated previously just for comparison sake Richer Sounds who advertised the TV in the same way were giving full refunds after only one complaint email. My point being they would not have done so if they didnít think they were in the wrong.
    • ThumbRemote
    • By ThumbRemote 14th May 18, 10:16 PM
    • 3,919 Posts
    • 4,980 Thanks
    ThumbRemote
    @ThumbRemote Thank you for the advice, Thatís interesting. My problem is I have been communicating with them since February at high level management and they remain firm on their offer and that they will not change. So I am unsure how to proceed.

    As stated previously just for comparison sake Richer Sounds who advertised the TV in the same way were giving full refunds after only one complaint email. My point being they would not have done so if they didnít think they were in the wrong.
    Originally posted by CJH26
    That's not quite true ref Richer Sounds - they may have prioritised customer service over profit.

    If John Lewis aren't budging, you'd need to take them to small claims court. It's your call whether you think it's worthwhile.
    • LilElvis
    • By LilElvis 14th May 18, 10:23 PM
    • 3,823 Posts
    • 10,360 Thanks
    LilElvis
    @ThumbRemote Thank you for the advice, Thatís interesting. My problem is I have been communicating with them since February at high level management and they remain firm on their offer and that they will not change. So I am unsure how to proceed.

    As stated previously just for comparison sake Richer Sounds who advertised the TV in the same way were giving full refunds after only one complaint email. My point being they would not have done so if they didnít think they were in the wrong.
    Originally posted by CJH26
    Not necessarily - it might have been done out of goodwill. Plenty of people post on here and are told that they don't have a legal leg to stand on to justify their demands then come back to post that they must have been right because the retailer capitulated. John Lewis did repair an out of warranty appliance for me, but after getting advice on here I did know that I was reliant on my negotiating skills and their goodwill.
    • CJH26
    • By CJH26 14th May 18, 11:10 PM
    • 7 Posts
    • 0 Thanks
    CJH26
    That's not quite true ref Richer Sounds - they may have prioritised customer service over profit.

    If John Lewis aren't budging, you'd need to take them to small claims court. It's your call whether you think it's worthwhile.
    Originally posted by ThumbRemote
    Not necessarily - it might have been done out of goodwill. Plenty of people post on here and are told that they don't have a legal leg to stand on to justify their demands then come back to post that they must have been right because the retailer capitulated. John Lewis did repair an out of warranty appliance for me, but after getting advice on here I did know that I was reliant on my negotiating skills and their goodwill.
    Originally posted by LilElvis
    Thanks, Yes they certainly wont budge, This is the customer service at the managing directors office that I have been speaking with.

    John Lewis spent a good month in talks with Samsung about the issue before making this offer to myself and endless other customers who are also complaining. During which time they refused to offer any solution till they concluded their chats.

    Depending on the Financial Ombudsman result it may be worth trying the ADR, It is on the John Lewis website, Does anyone have any experience of this?

    Fair enough about Richer Sounds, I personally do think it unlikely that they would have just given full refunds for the sake of customer service, This model of TV started anywhere from £800 to over £2000 depending on size. They must have been shipping them back to Samsung.
    Last edited by CJH26; 14-05-2018 at 11:13 PM.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,702Posts Today

7,251Users online

Martin's Twitter