ps3 and small claims court

Myrddin · 27-01-2012 11:49am

Fair play, well done

.G. · 27-01-2012 12:21pm

Oh and thanks to everyone who contributed to this thread and made me aware of my rights,gave advice etc.

waterville res · 12-02-2012 8:36pm

Hi all. ~Yesterday I received the dreaded YLOD on my 40GB PS3. Its around 4 years old. Bought it in Game in Liffey Valley. Only thing is I'm pretty sure the receipt is gone! Is there anything I can do from here? Is there any point in going into Game or contacting sony?

norrie rugger · 12-02-2012 9:02pm

Without Sony being willing to accept that there's a problem with the console, I think that we are coming to the end of what we can expect to be reasonable lifetime.
Maybe what Sony wanted all along, in that the problem will now go away for them.

Myrddin · 12-02-2012 10:28pm

norrie rugger wrote: »

Without Sony being willing to accept that there's a problem with the console, I think that we are coming to the end of what we can expect to be reasonable lifetime.
Maybe what Sony wanted all along, in that the problem will now go away for them.

You really think that? 4 years is an acceptable lifespan for a high quality, expensive, current generation multimedia console?

It's shocking how peoples expectations have been lowered so far by Sony & MS by this generation of console.

norrie rugger · 13-02-2012 12:22am

Apologies, that should have been "Expect to be seen as"
I don't think that it is but really believe that once we hit 5 years that it will get harder to convince a judge

F1ngers · 13-02-2012 1:24am

norrie rugger wrote: »

Apologies, that should have been "Expect to be seen as"
I don't think that it is but really believe that once we hit 5 years that it will get harder to convince a judge

It'll cost you €15 to find out. Last couple of people to try on this thread even said the shops didn't even turn up in court...

norrie rugger · 13-02-2012 10:30am

F1ngers wrote: »

It'll cost you €15 to find out. Last couple of people to try on this thread even said the shops didn't even turn up in court...

I know that, sure I went through it myself. I hope that I am wrong just a feeling that I have

Slick50 · 13-02-2012 3:20pm

waterville res wrote: »

Hi all. ~Yesterday I received the dreaded YLOD on my 40GB PS3. Its around 4 years old. Bought it in Game in Liffey Valley. Only thing is I'm pretty sure the receipt is gone! Is there anything I can do from here? Is there any point in going into Game or contacting sony?

Without proof of purchase, there is very little you can do. If you used a debit/credit card to pay, you may be able to use bank records as proof.

I think five years is probably as far as we can expect to get with these claims too. However, this five years starts from the date of purchase, so I don't think Sony are in the clear regarding claims on these consoles, unless they've resolved the problem causing YLOD.

Retr0gamer · 13-02-2012 4:54pm

It depends on the judge and if the representatives will bother turning up. I'd imagine that it wouldn't be hard to convince the judge if you point out that the PS3 is still being supported and how a lot of people have machines that are 20-30 years old or more and are still working.

Slick50 · 13-02-2012 7:47pm

Retr0gamer wrote: »

It depends on the judge and if the representatives will bother turning up. I'd imagine that it wouldn't be hard to convince the judge if you point out that the PS3 is still being supported and how a lot of people have machines that are 20-30 years old or more and are still working.

Yes, but you have to get as far as the judge first, and to do this you have to satisfy the court registrar that you have a case, ie. he has to accept the case.
In my case the court registrar sought proof of purchase. Although going by reported cases here, the registrars seem to have their own takes and interpretations of the SCC rules. It may be worth trying without the receipt, but would be embarrassing to be in court when the judge seeks proof of purchase...???

Retr0gamer · 13-02-2012 10:22pm

Well proof of purchase would definitely be required I imagine.

janeycap · 15-02-2012 2:51pm

superg wrote: »

They paid up.

Judge had ordered a refund of €475 based on the fact that I had had some use from the machine.I was looking for the full amount back since they let it go as far as the courtroom and wasted everyone's time in the process.It was good for me though cos the court was packed and I was first up to give evidence which was nerveracking enough without having to argue with them at the same time:D

Anyway delighted with the result.I had already replaced the PS3 for a 320GB slim with a game for €310 last April so I have a new PS3 for free and some money on top.Throughout the whole process I heard nothing from them aside from the initial phonecall in response to my complaint which basically told me to do one.Once the judgement was made I got an email arranging payment.

Hi superg,

Well done on your outcome. I am in a similar situation with Komplett, court date on monday 2/20.
They haven't sent in notice of intention to defend so I am left wondering if they'll turn up at all and I have to travel from Limerick to Dublin for court.
Bought Samsung tv just over 2 years old, switched it on one day and the picture was all blurry, horizontal lines, goes dark intermittently, completely unwatchable. Paid €981 for it. Went through the usual hoops with Komplett, told me it was outside 2 year warranty etc.
Long story short - small claims court route and court date on monday.
Just wondering if you have any tips, advice re: Kompett, court?

Thanks

RangeR · 15-02-2012 2:59pm

janeycap wrote: »

Hi superg,

Well done on your outcome. I am in a similar situation with Komplett, court date on monday 2/20.
They haven't sent in notice of intention to defend so I am left wondering if they'll turn up at all and I have to travel from Limerick to Dublin for court.
Bought Samsung tv just over 2 years old, switched it on one day and the picture was all blurry, horizontal lines, goes dark intermittently, completely unwatchable. Paid €981 for it. Went through the usual hoops with Komplett, told me it was outside 2 year warranty etc.
Long story short - small claims court route and court date on monday.
Just wondering if you have any tips, advice re: Kompett, court?

Thanks

Turn up. The rest is up to the Judge. Don't panic, try to stay calm.

Slick50 · 15-02-2012 8:04pm

janeycap wrote: »

They haven't sent in notice of intention to defend so I am left wondering if they'll turn up at all and I have to travel from Limerick to Dublin for court.

If they haven't responded, it should be just a formality of going in to the court registrar and signing an oath that you are owed the money.

janeycap wrote: »

Bought Samsung tv just over 2 years old, switched it on one day and the picture was all blurry, horizontal lines, goes dark intermittently, completely unwatchable. Paid €981 for it. Went through the usual hoops with Komplett, told me it was outside 2 year warranty etc.

Are you familiar with the "sale of goods, and supply of services act 1980" ? Your claim will centre on the "as durable as is reasonable to expect" clause.

You will have to turn up, or the case gets thrown out. If they don't turn up, you will be awarded your claim.

janeycap · 16-02-2012 10:16am

Thanks for the tips.
Hoping that the judge will agree that the tv is not fit for purpose as per the sale of goods act and that the normal life expectancy for a tv at that price should be longer than 2.5 years.
Will just give the facts and see how it goes.

.G. · 17-02-2012 9:20pm

janeycap wrote: »

Hi superg,

Well done on your outcome. I am in a similar situation with Komplett, court date on monday 2/20.
They haven't sent in notice of intention to defend so I am left wondering if they'll turn up at all and I have to travel from Limerick to Dublin for court.
Bought Samsung tv just over 2 years old, switched it on one day and the picture was all blurry, horizontal lines, goes dark intermittently, completely unwatchable. Paid €981 for it. Went through the usual hoops with Komplett, told me it was outside 2 year warranty etc.
Long story short - small claims court route and court date on monday.
Just wondering if you have any tips, advice re: Kompett, court?

Thanks

Their 'Customer Service' is appalling but they aren't alone on that score.

The only advice I would have is make sure you go to court.If nobody turns up the case will be struck out and you will be back to square 1.The day I went there were 2 cases against them and they didn't turn up for either.The first was struck out because nether party turned up.They lost mine cos I was there to give evidence.The people I had dealt with had left Komplett by the time it came to court.

If you want your money back you have to go,its that simple.If they do turn up then know your rights and quote them as needed.I would say you have a cast iron case,any item costing nearly a grand should last well more then 2 years.Follow the advice in this thread as to what to say,its the same deal regardless of the item concerned.I bought a Samsung TV for half that price from Komplett at the same time as my PS3 and it is still going strong 5 years later.

Slick50 · 23-02-2012 11:43am

janeycap wrote: »

Thanks for the tips.
Hoping that the judge will agree that the tv is not fit for purpose as per the sale of goods act and that the normal life expectancy for a tv at that price should be longer than 2.5 years.
Will just give the facts and see how it goes.

Janey! what happened?

janeycap · 15-03-2012 6:22pm

Hi,

Just posting the update on our case against komplett as we have only received the judges decision today, 15th march.
We went to court on the 20th of February, there was a representative from komplett there so the judge heard their side. Komplett argued that the tv was out of warranty so they had no obligation. The judge told us that she could not make a decision at that time and the registrar would telephone us with the decision.
Got a call today that we were awarded €300 based on depreciation of the tv and I assume that the same model would be cheaper in 2012.

theteal · 15-03-2012 6:29pm

janeycap wrote: »

Hi,

Just posting the update on our case against komplett as we have only received the judges decision today, 15th march.
We went to court on the 20th of February, there was a representative from komplett there so the judge heard their side. Komplett argued that the tv was out of warranty so they had no obligation. The judge told us that she could not make a decision at that time and the registrar would telephone us with the decision.
Got a call today that we were awarded €300 based on depreciation of the tv and I assume that the same model would be cheaper in 2012.

How do you feel about the result, janeycap?

depreciation of €681 in 2 years :eek: will you really get a similar spec TV for €300 now?

Fair play for seeing it through.

Atomicjuicer · 15-03-2012 7:23pm

Well that's making it very clear that this law is no longer worth the paper it's written on.

I'll take that into consideration when (never) buying expensive products in Ireland again!

Varik · 15-03-2012 7:55pm

Atomicjuicer wrote: »

Well that's making it very clear that this law is no longer worth the paper it's written on.

I'll take that into consideration when (never) buying expensive products in Ireland again!

What a stupid comment.

Ireland give one of the best protection levels of protection to consumers when dealing with this, most of the rest of the EU is limited to only a minimum of a 2 year warranty.

chrislad · 15-03-2012 9:36pm

She didn't do too bad. You can get a 40in Philips TV for less than 480 in Harvey Norman. You can't expect to get the full price back after 2 years, and I think the judge is giving nearly 60% of the cost of a replacement back. It's didn't depreciate from 981 to 300. It's just not worth as much to buy the current version of the product.

Atomicjuicer · 15-03-2012 10:17pm

Correction to both of you:

Ireland GAVE the best protection. Past tense.

All the effort we're expected to go to instead of having our rights respected as we were taught in school.

Read the thread. It's a joke. Ireland doesn't recognise this principle anymore. We've copied the rest of the world.

Mark my words.

Slick50 · 15-03-2012 11:23pm

Atomicjuicer wrote: »

Well that's making it very clear that this law is no longer worth the paper it's written on.

I'll take that into consideration when (never) buying expensive products in Ireland again!

While a disappointing award, the principle has been upheld, the judge agreed that her claim was valid. Judges will differ.

Very suprised you didn't get a better result janeycap.

janeycap · 16-03-2012 11:30am

I am satisfied that the judge agreed in our favour and I think the reason the judge awarded €300 is because if we had to buy a similiar spec tv today it would cost less than the original price in 2008. When I say a similiar spec tv, it would be a Samsung brand with the same specs.
But I guess the fact that we had to travel to Dublin, take day off work, cost of fuel etc, if I'm honest I thought we would have gotten more but at least it's settled now.
I will leave it at that and would still encourage anyone to pursue their rights through the small claims court if you have to and at least if enough people stand up for their consumer rights then company's like komplett might improve their after sales/customer service.
Would I recommend buying from komplett....NO!

impee · 25-04-2012 9:15pm

Today was my hearing at the Kingston County Court...Game didn't turn up and before I sat down properly in my seat, the Judge said: "I have read your Witness statement and that you are claiming for Durability and Reliability about the PlayStation you bought. Considering Game have not shown up, I award the case in your favour" - He also kindly awarded me £10 in travel costs.

So the judgement is for:
£299 Full price of the PS3
£30 Issue Fees
£25 Hearing Fees
£10 Travel costs

the Judge didn't award me £25 for the engineers report because he said Game would need to have requested that, which is a shame, but never mind.

Game have 14 days to pay up and if it goes to bailiffs, I should be ok as the Game shop I bought it from in Wimbledon is still open for business

I think this win was more down to the fact that Game are in Administration and at the moment the last thing they are worried about is PS3 court case, which kind of takes away the glory of the win, as I was looking forward to a fair case which would have involved some debate, discussion and reasoning. Game did initially respond to the court claim and stated they would defend the case and would provide a letter from Sony about the durability of the PS3 , but as they never sent any witness statement to the court with in the last 14 days deadline, it kind of gave it away that they will not be turning up on the day, even if they did, they could not rely on any evidence as they had not submitted anything.

Any how, if anyone would like any info. on what my case file consisted off, etc., you can drop me an e-mail and I will be more than happy to share it with you - impee(at)impee.co.uk

Thank you everyone for the guidance and information that I found on this forum. Even thought this is an Irish forum and I am in England, it did the trick

Atomicjuicer · 25-04-2012 10:40pm

Good stuff dude!

Stand up for your rights and ours too. 'ppreciate it

RangeR · 26-04-2012 12:05pm

impee wrote: »

I think this win was more down to the fact that Game are in Administration and at the moment the last thing they are worried about is PS3 court case, which kind of takes away the glory of the win, as I was looking forward to a fair case which would have involved some debate, discussion and reasoning.

Well done on your result. However, GAME, I think, no longer exist. They got rid of ALL of their staff. There was no one TOO show up.

As they are in administration, It's still unlikely that you will get your money, anyway.

That is unfortunate.

Beefy78 · 27-04-2012 2:44pm

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.

ps3 and small claims court

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