PS3 repair - repairer won't return goods following payment

eltoastero · 05-09-2013 4:44pm #1

Hi there, I won't name the company involved as I'm pretty sure the post will get removed (which seems a bit pointless on a forum that should allow the pros and cons to be discussed).

Pretty much, PS3 collected by courier, repair carried out, payment made via PayPal and 2 months later the repaired console hasn't been returned.

I've contacted the repairer a dozen times and each time I get told it's with the courier (but he won't provide a tracking number) and that the console will be returned tomorrow. Which is clearly lies after 2 months of this behaviour.

I've called to the business location but he's never there and he always screens his calls and always lets it go to voicemail. I occasionally get a text or email telling me it will be returned tomorrow. I've even got in touch with the Garda and he has told them repeatedly that it will be returned the next day.

So, what's my next option? Anyone have a similar situation and know the best solution? I'm assuming this guy has sold my (original backwards compatible 60gb) PS3 and is stringing me along until I lose interest. Anyone have success with anything similar through the small claims court?

Thanks

Bepolite · 05-09-2013 5:50pm

Winning in the SmCC isn't the hard part it's enforcing the judgement. It'd more than likely that the Sheriff will have to call to the business premises, an address that if you know, you can call at also.

It is not my intention to back seat mod, but only one side of the story is put across here. If you take the number of unreasonable merchants, double it, treble it, times it by 100 you get somewhere near the number of unreasonable customers. Advice can easily be sought here, and is more productive, without going into a rant about X business owner should be hanged by his privates etc. etc. That's not to say I don't fully sympathise, because I do.

eltoastero · 06-09-2013 3:25am

Thanks for that reply, I would have assumed that if the SmCC made judgement in my favour repayment would have been almost certain, would there not be more serious consequences of ignoring a court ruling so most people would pay up?

I'd be more than happy to hear his side of the story too, he's not telling me what's going on so I can't forward it on here.

Bepolite · 06-09-2013 11:41am

eltoastero wrote: »

Thanks for that reply, I would have assumed that if the SmCC made judgement in my favour repayment would have been almost certain, would there not be more serious consequences of ignoring a court ruling so most people would pay up?

I'd be more than happy to hear his side of the story too, he's not telling me what's going on so I can't forward it on here.

SmCC decisions have the same enforcement options as other courts, but these are quite ineffective when you're talking about smaller amounts. You're unlikely to take out a judgement mortgage for a few hundred euros. You'll be relying on the Sheriff to go out and deal with it. The merchant may just give him a PS3 to get lost with any luck. The other issue is that you will have to pay the nominal fee to the Sheriff (about €12 IIRC) which he will try and recoup from the merchant, but if he is unsuccessful you lose it.

I'm not trying to put you off. I think the SmCC and Sheriff should be used more often against shoddy businesses, but I just wanted to let you know the situation. There's no jail/fine for anyone if they simply ignore the judgement.

foggy_lad · 07-09-2013 11:49am

Good luck with the Sherriff, they are not really much use for smaller amounts and also are usually local business people themseleves and can be very slow to attempt to recover monies owed.

eltoastero · 11-09-2013 1:10pm

Thanks for the advice guys, he recently sent back a PS3 (that doesn't work) and I'm pretty sure it's not mine (the serial number has been removed) - it's all very suspicious.

Anyway, I'm going back to the Garda, they've been very helpful so far and consider it theft at this point so will follow up.

I will also keep an eye out on boards when people are asking about which console repairers to go to so at least others won't get caught out in future.

cheers

eltoastero · 07-10-2013 2:33pm

Update on my current situation:

Finally got a reply from him after I asked why the console he sent me back hadn't been repaired and why the serial number had been removed.

He tells me that if he can't repair a console a replacement is offered and the unrepairable PS3 is stripped for parts.

Had I been offered this replacement console instead of my repaired PS3 I would have refused and asked for my console back (no fix no fee on his website), and I also would not have paid €100 for the "repair". He told me in July the repair had been complete, so I paid and (three months later) I received someone else's (still broken) PS3.
Not the service that I had agreed on.

More to the point, he has destroyed my PS3 without my permission and given me something worthless in return (and still has my €100).

This is a disgraceful service. Do not ever use <SNIP>.
The past few months of stalling appear to him bluffing so I'd lose interest, as he had no intention in sending me my PS3.

Any advice lads? Like I'm never getting my console back as he has stripped it. Pass this onto anyone you know who is thinking of getting anything repaired by this guy.

dudara · 07-10-2013 6:06pm

I'd head to your local courthouse to speak with the registrar of the Small Claims Court and ask their advice. Given that your original console appears to have been destroyed, you may even have a case for the Gardaí. However, I'm only speculating here, so I'd start with seeking some proper advice.

vintagecosmos · 08-10-2013 8:04pm

Can you open a dispute with Paypal to get your hundred quid back?

eltoastero · 09-10-2013 12:00pm

vintagecosmos wrote: »

Can you open a dispute with Paypal to get your hundred quid back?

PayPal are not interested as the payment was for a repair and not physical goods, the Buyer Protection doesn't offer any protection for payments for Services

RasTa · 09-10-2013 7:44pm

eltoastero wrote: »

PayPal are not interested as the payment was for a repair and not physical goods, the Buyer Protection doesn't offer any protection for payments for Services

Pay by CC? contact them if so.

Kashkai · 12-10-2013 10:57am

I was conned by the same guy as the OP. In my case, I did get my PS3 back after I gave him €100 for the "repair" and it lasted less than 2 hours before it died again. He then wouldn't answer my calls or return my texts. However he did have the nerve to pm me on Boards and ask that I remove my posts about his company.

May I ask the mods why this guy can't be named and shamed as he's swindled not only the OP and myself but at least 3 other Boardsies who pm'd me with their similar experiences with this guy, when they read my original comments on my experience with him. I mean if the likes of Argos, DID, UPC etc can all be named on here, then why can't this guy. Surely the main reason behind this forum should be to alert others to the likes of this guy.

dudara · 12-10-2013 6:03pm

You can share the name by PM - but please do not share it in public, unless you can point to definite proof of your allegations.

dudara

zenno · 12-10-2013 6:20pm

Kashkai wrote: »

I was conned by the same guy as the OP. In my case, I did get my PS3 back after I gave him €100 for the "repair" and it lasted less than 2 hours before it died again. He then wouldn't answer my calls or return my texts. However he did have the nerve to pm me on Boards and ask that I remove my posts about his company.

May I ask the mods why this guy can't be named and shamed as he's swindled not only the OP and myself but at least 3 other Boardsies who pm'd me with their similar experiences with this guy, when they read my original comments on my experience with him. I mean if the likes of Argos, DID, UPC etc can all be named on here, then why can't this guy. Surely the main reason behind this forum should be to alert others to the likes of this guy.

Sounds like a right dodgy person. It looks like the guy done the mickey mouse way, as in wrapping it with a load of towels to make it over-heat to work again, same with the older xbox 360's.

Definitely name and shame this person through your pm's. I can't stand people like this with no pride in their electronics work.

Kashkai · 13-10-2013 7:34pm

dudara wrote: »

You can share the name by PM - but please do not share it in public, unless you can point to definite proof of your allegations.

dudara

Would you mind letting me know what you mean by "definite proof of my allegations"???

I have a receipt from this guy for the €100 I gave him for the "repair" and I now have a dead again PS3. I also have his pm asking me to remove my posts about his "repair". Then there are the other boardsies stung by this guy. What other proof do you want?

Sorry, but if other companies are getting named on here, why can't this guy? I'm not the only one making "allegations" against this guy, ask the OP.

radar_marglar · 17-10-2013 6:48pm

Hi all just having a quick read here n it sounds a lot like the shop/guy im gonna now have to get the small claims court for. realy bad at turning up for work or getting back to ya. 9 weeks of time wasted on a console that still does not work after several attemtps!!! ive said that i should be entitled to a full refund n havnt heard back yet. its been the most unprofesional electronics shop ive ever had to deal with, claims its family run but youre lucky to get the one person there at all. and the shop im on about has had several unhappy customers, that have gone through the same crap. the guy doesnt deserve to have a business.

eltoastero · 18-10-2013 10:37am

to the Mods:
what sort of proof do we need? would a screenshot of a text do where he states that "unrepairable" consoles are stripped for parts and that you are sent a replacement console (when this is in no way what you agreed to).

Would a Garda report of the incident be adequate so we can warn other users.

I trusted the feedback on boards from other users when I was deciding where to spend my money, I was unaware that negative posts get deleted so it portrayed this guy as a safe bet. Sure positive and negative comments are what makes a forum a forum.

If negative posts get deleted then delete the positive posts too.

endofrainbow · 18-10-2013 10:53am

sounds just like the place I got ripped off by.

radar_marglar · 19-10-2013 10:51am

Well the console shop i got ripped off by is in phisboro and claims theyre pros, its not a walk in shop either, its doorbell n "if!" youre about to part with money someone "might" be there, if looking for a refund forget it. anyway gonna go through the small claims process.

Snake Plisken · 22-10-2013 9:25pm

Lads can someone pm me the shop or shops that are rip off artists? I suppose because they cannot be named all repair crowds will be tarnished with the same brush. Thanks

dudara · 23-10-2013 10:56am

eltoastero wrote: »

to the Mods:
what sort of proof do we need? would a screenshot of a text do where he states that "unrepairable" consoles are stripped for parts and that you are sent a replacement console (when this is in no way what you agreed to).

Would a Garda report of the incident be adequate so we can warn other users.

I trusted the feedback on boards from other users when I was deciding where to spend my money, I was unaware that negative posts get deleted so it portrayed this guy as a safe bet. Sure positive and negative comments are what makes a forum a forum.

If negative posts get deleted then delete the positive posts too.

Please don't question this further on thread. You are making serious allegations about a business, and therefore Boards will err on the side of caution here.

dudara

Quixoticelixer · 23-10-2013 11:03am

If you search boards for the company in question (lets say, con******os.ie ) it can be seen that the posters in this thread who have been stung by this guy are not alone, the search results show a 50:50 success:failure rate after taking payment and in the case of failure to provide service communication with customers can range from poor to zero. A pity the person is being protected (not questioning that decision, I understand why) but it would be nice if potential future customers could be made aware of how this guy operates, because it would certainly make people think twice.

PS3 repair - repairer won't return goods following payment

Comments