ps3 and small claims court

RangeR · 27-04-2012 3:06pm

Beefy78 wrote: »

GAME still exists. They're in Administration but are trading in the UK, where the poster is from. He has the backing of the Courts who will use the baliffs to get the money if neccessary. Unless GAME gets liquidated in the next 12 days he'll get his money.

Aplogies. I assumed poster was in Ireland. I didn't even cop the sterling prices.

Mistery Man · 29-04-2012 5:51pm

I think this could be a long shot but my beloved ps3 original 40gb got the ylod this morning.

It was bought for me before christmas 2006. I like to think this shows i took good care of it. But do i have a leg to stand on it breaking now going on 7 years later, in getting it fixed or replace. Just after looking around the web most of the web finding that the solder in these was not fit for purpose

RangeR · 30-04-2012 11:55am

Mistery Man wrote: »

I think this could be a long shot but my beloved ps3 original 40gb got the ylod this morning.

It was bought for me before christmas 2006. I like to think this shows i took good care of it. But do i have a leg to stand on it breaking now going on 7 years later, in getting it fixed or replace. Just after looking around the web most of the web finding that the solder in these was not fit for purpose

I believe the Irish laws are up to 6 years. I wouldn't even consider it. Get a new one.

Strangegravy · 30-04-2012 1:28pm

Mistery Man wrote: »

I think this could be a long shot but my beloved ps3 original 40gb got the ylod this morning.

It was bought for me before christmas 2006. I like to think this shows i took good care of it. But do i have a leg to stand on it breaking now going on 7 years later, in getting it fixed or replace. Just after looking around the web most of the web finding that the solder in these was not fit for purpose

Wow... for an original 40GB to last 7 years you've done really well to be fair! But after that long I don't think anywhere would entertain you returning it and looking for something back.

Start saving now for the PS4 or "Orbis"...

cloud493 · 01-05-2012 9:18am

You mean 5 years :rolleyes: 40gb didn't come out till The latter half of 2007. There was the 20gb and the 60gb, and I'm not sure the 20gb came out in Europe.

Retr0gamer · 01-05-2012 7:37pm

RangeR wrote: »

I believe the Irish laws are up to 6 years. I wouldn't even consider it. Get a new one.

Irish law only states that the item should last a reasonable time.

It will only cost the price of registering the case in the small claims court if you want to try it. Up to you whether it's worth it or not.

Varik · 01-05-2012 8:32pm

the 6 years is the time you have to claim

Steve _Castlebar · 13-10-2012 11:48am

Hi,

Just to give everyone the heads up before Christmas, if you plan to buy a PS3 or an Xbox 360 ask the shop if they will honour the EU 2 year warranty on electrical goods.

From my experience Gamestop Castlebar Do Not honour the EU 2 year warranty instead they only offer the manufacturers 1 year warranty, which is at best naive and at worst unlawful. Other shops like Harvey Norman do recognised that you have a 2 year warranty on electrical goods.

If you want to read what the EU warranty offers you the Link is here http://www.rte.ie/tv/theafternoonshow/2010/0330/warrantiesandguarantees894.html

Buyer beware!!

Retr0gamer · 13-10-2012 11:58am

Take them to the small claims court, there's a thread on the playstation forum of people doing this and winning. Many people have taken retailers to court for failed consoles that weren't of merchantable quality and won.

Rayne Wooney · 13-10-2012 12:01pm

Steve _Castlebar wrote: »

Hi,

Just to give everyone the heads up before Christmas, if you plan to buy a PS3 or an Xbox 360 ask the shop if they will honour the EU 2 year warranty on electrical goods.

From my experience Gamestop Castlebar Do Not honour the EU 2 year warranty instead they only offer the manufacturers 1 year warranty, which is at best naive and at worst unlawful. Other shops like Harvey Norman do recognised that you have a 2 year warranty on electrical goods.

If you want to read what the EU warranty offers you the Link is here http://www.rte.ie/tv/theafternoonshow/2010/0330/warrantiesandguarantees894.html

Buyer beware!!

What reason did they give for not honouring the EU warranty?

You do know the EU warranty is a law. And you can take them to the small claims court if you can prove you didn't do the damage

theteal · 13-10-2012 12:17pm

this 2 year EU thing is not enforced in Ireland as our SOGASS act offers more protection for consumers. such warranties effectively mean nothing in Ireland, they're merely a sales tool aimed at unaware purchasers. an item must last a "reasonable" amount of time, in cases where sellers and retailers cannot come to a resolution it falls to a SCC judge to determine what is "reasonable".

Steve _Castlebar · 13-10-2012 12:46pm

The Guy in the Shop who said he was the Manager said all I had was a 12 month warranty and when I asked him to look up the EU warranty on electrical goods online, he told me he had no internet access.

Basically I was fobbed off.

So Buyer Beware, I wish I had asked if the shop gave a 2 year warranty before I parted with €299 for a PS3.

Small Claims seems like a good option, am I right in thinking I can make a small claim and bring him to court and all it will cost me is €25 ?

F1ngers · 13-10-2012 1:00pm

Merged.

theteal · 13-10-2012 1:28pm

Steve _Castlebar wrote: »

The Guy in the Shop who said he was the Manager said all I had was a 12 month warranty and when I asked him to look up the EU warranty on electrical goods online, he told me he had no internet access.

Basically I was fobbed off.

So Buyer Beware, I wish I had asked if the shop gave a 2 year warranty before I parted with €299 for a PS3.

Small Claims seems like a good option, am I right in thinking I can make a small claim and bring him to court and all it will cost me is €25 ?

Small Claims Court is supposed to be the last resort in resolving a problem.

Generally there's a step by step process for how this would work:
1) return to store, speak to manager, explain situation, hopefully resolve it there and then - in a lot of cases these managers are tied to questionable company policy so probably cannot offer a lot, no need to get heated and lose the rag in the shop, just go to step 2.
2) if satisfaction is not attained in step 1, send a letter via registered post to the company's head office detailing the fault along the particular consumer rights you're being denied and explain that you seek resolution with a reasonable timeframe (e.g. 10 working days) or you will start small claims proceedings. Hopefully this spurs the company to get in contact with the shop to offer you a resolution
3) if still no resolution, small claims court it is

what kind of issues are you having with your console, Steve? There's a wealth of info in this thread

Steve _Castlebar · 13-10-2012 5:11pm

Thanks for all the info,

Problem with console is that the PS3 will play CD's but will not play PS3 disc's , it's appauling really when you consider the PS3 is only 21 months old, still within it's Warranty period and yet Gamestop Castlebar have denied all responsibility and flatly refused to even take a look at it.

theteal · 13-10-2012 5:17pm

Steve _Castlebar wrote: »

Thanks for all the info,

Problem with console is that the PS3 will play CD's but will not play PS3 disc's , it's appauling really when you consider the PS3 is only 21 months old, still within it's Warranty period and yet Gamestop Castlebar have denied all responsibility and flatly refused to even take a look at it.

forget this "warranty" stuff, it means nothing, you have rights under the sale of goods and supply of services act which have no specific time limitations. Provided there's no user damage, I would agree that 21 months is not a reasonable life expectancy for an expensive machine like that and I would wager that a SCC judge would agree too.

You've completed step 1, on to step 2. I'm sure gamestop's head office address is readily available online.

Slick50 · 03-01-2013 3:00pm

Rayne Wooney wrote: »

What reason did they give for not honouring the EU warranty?

You do know the EU warranty is a law. And you can take them to the small claims court if you can prove you didn't do the damage

You do not have to prove you didn't cause the damage. It is not up to you to establish a cause of the failure, and if you break the security seal, you will be accused of "tampering" with the machine. Don't open it.

Steve _Castlebar wrote:

The Guy in the Shop who said he was the Manager said all I had was a 12 month warranty and when I asked him to look up the EU warranty on electrical goods online, he told me he had no internet access.

This is wrong, and not his decision. You are protected by irish consumer law, but it is up to you to make yourself aware of it and to follow it up with action.

I certainly wouldn't accept a refurb, which could be much older than your own machine.

Steve _Castlebar wrote:

Small Claims seems like a good option, am I right in thinking I can make a small claim and bring him to court and all it will cost me is €25 ?

You can get full details on the Court services website http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure

Have you tried contacting sony directly? If it is still under warranty, they may sort it out for you. It is worth trying anyhow, as if it goes to the SCC, you can show you have tried all options.

ps3 and small claims court

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