Samsung Order Cancelled due to pricing error - Breach of contract?

[BankFodder]

Well that could be a conflict-free way of dealing with it although do you know if that person was out of pocket at all?

[mrdonj]

it seems so. this was their original post on Samsung's community forum

 

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Hi,

Can I ask if you got anywhere with this? I am having a similar problem. I purchased an s21 from their website through their trade in deal. A week after purchase found phone was faulty and by that time my trade in phone was already sent back. On asking for replacement they said I had to send faulty one back first then they would replace within 7-10 working days. After numerous calls and emails on the 9th day they tell me replacement not possible due to IT system change. They can only refund me. MTR are unable to send me back my trade in phone and have valued it at £30 which is absolutely diabolical when they gave me £250 for it for trade in. It's an S8 which was in excellent working condition. I have emailed them mentioning the consumer rights act and gave them three options on advice of Citizens Advice Bureau which they failed to acknowledge. I am now looking to lose money.

 

link to thread here

Edited November 12, 2021 by mrdonj

[BankFodder]

I've only scanned what you posted very briefly – but it seems to me a significantly different set of facts

[mrdonj]

I was just highlighting Sunny_Sides post to explain the only way I'd ever use Samsung's webstore for a purchase again really

 

I am going to wait until the 14th and then send the letter of claim off on the 15th

[mrdonj]

Adding just so the thread can see the evidence first hand - Email sent at 5pm, Text message sent at 8pm. Also seems like a lot of other people have received voucher codes that are taking off £200-300 from orders, with their phone being even LOWER in price, or close to. They have no clue what they are doing

 

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Thanks for getting in touch with the Samsung Shop Team. Your Reference Number is xxxxxxx.

Greetings from Samsung!

Hope this email finds you well, this is Tom one of the Manager from Samsung Online.

We are contacting you regarding with your initial inquiry as we received the email you sent through our CEO email channel.

In line with your query, please know that we rejected your order because there was a pricing error on our website which enabled multiple discounts to be applied.

In accordance with our online store’s terms and conditions, where a pricing error is obvious and unmistakable (as is the case here) we are entitled to reject orders. This is the case even if we have provided a Dispatch Confirmation and there is a contract of sale between us. We apologise for the inconvenience caused by this and thank you for your understanding.

If you need anything else, please don't hesitate to respond to this email thread.

Kind regards,

Tom
Samsung Shop Manager
0330 SAMSHOP (726 7467)
Monday to Sunday | 8:00 A.M. to 10:00 P.M.

 

Edited November 13, 2021 by mrdonj

[BankFodder]

I've lost the plot. Are you up on the deal? Or are you down on the deal?

[mrdonj]

My current position is that the text message is an error and I assume no delivery will be made tomorrow and that I will be sending my letter of claim come Monday morning.

 

That 5% off against the phone I ordered at £1199 based on their standard pricing brings the phone to 1139.05 lol. Someone else who received the 5% noted it doesn't work on the Student or Employee discount portal

 

This just highlights how clueless they are with the whole situation themselves.

 

I also find it funny that they say "In accordance with our online store’s terms and conditions, where a pricing error is obvious and unmistakable (as is the case here) we are entitled to reject orders." but they themselves did not notice this for 10 days straight

 

Everyone has a different story though. Some ended up getting the phone, others like me haven't had official cancellation and then got a text message. Others still are allegedly saving more money since they were given £200-300 off vouchers, but who knows, Samsung may cancel those orders too. Easiest thing to assume is that its not coming and that I need to send that letter to them.

Edited November 13, 2021 by mrdonj

[BankFodder]

8 minutes ago, mrdonj said:

 

I also find it funny that they say "In accordance with our online store’s terms and conditions, where a pricing error is obvious and unmistakable (as is the case here) we are entitled to reject orders." but they themselves did not notice this for 10 days straight

 

Very good point. Store it away.

[benjs]

Hi there,

 

This happened to me as well. I bought a Samsung S21plus on 1st of November which was supposed to be delivered on 12th of November. I never received any cancellation until last night and it was after I called them asking about my delivery. Is there anything we can do as a group as they have been advertising falsely about SAMSUNG week and now they are refusing to deliver?

[BankFodder]

No there is nothing you can do as a group. It requires individual action from sufficient numbers of people and then a story in the press if a number of people are interested. We can put you in contact with a journalist.

However the first thing you should do – as you have probably seen on this thread – is to start your own thread because that will make it more prominent in the Google rankings.

Now that you have registered on the forum, please will you start off by posting your whole story on a new thread.

[mrdonj]

Well it's nearly 5pm. Safe to say, as assumed that the text message they sent about delivery on the 14th was a lie.

 

When sending the letter tomorrow, is there any difference between recorded delivery and special delivery?

[BankFodder]

Sorry, can you just remind me again – which letter and have we seen it?

Post it up here.

 

[BankFodder]

Whoops – sorry.

You mean the letter of claim and in fact I drafted a suggested one for you.

Send it recorded delivery that's fine.

[mrdonj]

Yeah that's the one. Not sure if you saw the tiny edit I made to your suggested one (basically the same but just filled in date etc)

 

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Dear Sir/Madam

Reference number XXX

Enquiry number XXX

On 31^st October 2021,  I used your website to purchase a S21 Ultra,  Phantom Black 256gb model which was advertised by you at the price of £744.03

You accepted payment from me and even dispatched the mobile phone to my address.

You then contacted DPD to recall even though by this time it was my property.
When I queried this, you informed me that you had made a mistake as to the price and that you were cancelling the contract.

I'm writing to let you know that you are not entitled to do this and I do not accept your position.

I want the mobile phone for which I am contracted at the price at which you agreed to sell it to me.

If you will not comply with this request within 14 days then I shall sue you in the County Court and without any further notice.

Yours faithfully

 

[BankFodder]

I've corrected a typo in red. My dictation software not paying attention to what I'm saying!

[mrdonj]

Just for my own records

 

Letter of claim will be sent at lunchtime

[BankFodder]

Now register an account with the county court money claim website and start preparing your claim. You can save your work as you go.

Make sure that you identify the entity with whom you made the contract correctly. This is an error that many people make and the defendants then start introducing that as a technical obstacle and it destabilises inexperienced claimants.

At some point in the money claim process you will be asked to give information about your claim. This is essentially the particulars of claim.

Post up the draft of what you are going to say here so that we can check it.

If you have read around, you will find that the important thing is to identify the cause of action but other than that give very minimal information. This forces the other side to disclose their position in their defence and you remain with the upper hand.

[mrdonj]

They have an official delivery address which I used, sent to their executive office

 

Their support team (who are clueless) have responded to my prior message to them on Friday, asking about my complaint. Do I risk my position by giving them more details to see what they say, should I just go silent or respond

 

I've already sent my letter of claim to them.

Edited November 15, 2021 by mrdonj

[BankFodder]

They already have full details of your complaint. You'll find that your latest message has just gone to the back of the queue again and is being treated as a new issue. It's a merry-go-round.

You send a letter of claim – that basically says it all.

If you want to respond to them then tell them to see your letter of claim dated XXX

[mrdonj]

Fair point, I will go with your last point

 

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"If you want to respond to them then tell them to see your letter of claim dated XXX"

 

[mrdonj]

Question about which address to use for the claimform

 

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We are Samsung Electronics (UK) Limited, a company registered in England and Wales under company number 03086621 and with our registered office at Samsung House, 2000 Hillswood Drive, Chertsey, Surrey KT16 0RS, United Kingdom. Our main trading address is Samsung House, 2000 Hillswood Drive, Chertsey, Surrey KT16 0RS, United Kingdom. Our VAT number is GB689376366.

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All formal notices given by you to us must be given in writing to Samsung Electronics (UK) Limited at Samsung Electronics (UK) Limited, Samsung House, 1000 Hillswood Drive, Chertsey, Surrey KT16 0PS (FAO: Executive Office)

 

The address they trade under is 2000 Hillswood Drive

 

The address to send them notice is 1000 Hillswood Drive which I've done.

 

Does it matter which address I use on the claimform?

[dx100uk]

SAMSUNG ELECTRONICS (UK) LIMITED overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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SAMSUNG ELECTRONICS (UK) LIMITED - Free company information from Companies House including registered office address, filing history...

 

[BankFodder]

The most important thing is that you identify the claimant correctly. Address is very important as well of course but you will find that Samsung has lots of little companies with similar sounding names.

You need to check the name of the company that you actually contracted with – which sold you the phone.

[mrdonj]

I received the phone earlier today. Seems they've started to send phones out that were dispatched and refunded those where the dispatch notice was not sent out

 

I got an email from an executive officer last night who did indeed reference my letter of claim even before receiving it. I spoke to them on the phone in the morning not long before the phone arrived.

 

I was given £75 compensation for the ordeal in the form of a partial refund to my order. They originally offered £50 but I asked for more due to time wasted and the headache of sending accessories I bought back

[BankFodder]

so what are  your total losses and are you going to proceed with your claim?