ps3 and small claims court

Messi19 · 11-01-2010 7:17pm #1

Hi

Just wondering has anybody had any success in filing a case against a retailer in the small claims court over a faulty ps3?

hellboy99 · 11-01-2010 7:32pm

If you don't mind me asking, what is the problem your having ?

Messi19 · 11-01-2010 7:35pm

Bluray drive just stopped working. got an error code 80010514 and it wont read or even spin the discs. Must be an inherent fault so i used the sale of goods act with the retailer and just got the usual bull from them so i filed a case today.

hellboy99 · 11-01-2010 7:37pm

How old is the console and was it a new purchase ?

Messi19 · 11-01-2010 7:38pm

launch day 60gb brand new

!MAVERICK! · 11-01-2010 7:42pm

Messi19 wrote: »

Bluray drive just stopped working. got an error code 80010514 and it wont read or even spin the discs. Must be an inherent fault so i used the sale of goods act with the retailer and just got the usual bull from them so i filed a case today.

I recently wanted a refund on a faulty xbox 360 from Gamestop and i got it.. I sent a letter of complaint to them outlining my rights and the sale of goods and supply of services act 1980.

Week later i got a call, went in and got a full refund. The retailer should definitely give you a refund seeing that the console is faulty and is under their guarantee ( Usually 1 year). You shouldn't have taken that bull from them! You are entitled to a full refund or replacement, they are hardly going to repair it. Did you buy it recently ??? is it a PS3 Slim???

I wouldn't go straight to the small claims court yet anyway. I would either send a letter of complaint to the retailer, or go straight back in and explain your problem again and outline your legal rights to them if necessary!

PS. if you are going to send a letter of complaint i can e-mail mine . so you can see how to lay it out etc....

Messi19 · 11-01-2010 7:49pm

!MAVERICK! wrote: »

I recently wanted a refund on a faulty xbox 360 from Gamestop and i got it.. I sent a letter of complaint to them outlining my rights and the sale of goods and supply of services act 1980.

Week later i got a call, went in and got a full refund. The retailer should definitely give you a refund seeing that the console is faulty and is under their guarantee ( Usually 1 year). You shouldn't have taken that bull from them! You are entitled to a full refund or replacement, they are hardly going to repair it. Did you buy it recently ??? is it a PS3 Slim???

I wouldn't go straight to the small claims court yet anyway. I would either send a letter of complaint to the retailer, or go straight back in and explain your problem again and outline your legal rights to them if necessary!

PS. if you are going to send a letter of complaint i can e-mail mine . so you can see how to lay it out etc....

At least you got somewhere!

Mine is nearly 3 years old and well out of warranty but the warranty is only in addition to the guarantee of your statutory rights which should last up to 6 years. I paid €630 for the console alone so i'm expecting it to last a lot longer.

I've gone through the whole process of verbal and written communication with the retailer so this is my last throw of the dice. I think they just gave me the run around in the hope that i would have given up. Not gonna happen!

Bonavox · 11-01-2010 7:53pm

Messi19 wrote: »

launch day 60gb brand new

That's well out of warranty unfortunately. As far as I know you won't have a leg to stand on.

Yellowledbetter · 11-01-2010 7:54pm

Let me know how you get on coz i have a launch day 60GB model too(€740) and Im just waiting for it to kick the bucket while praying that it doesnt!!

hellboy99 · 11-01-2010 7:56pm

Messi19 wrote: »

launch day 60gb brand new

So you would of bought it early 2007 then, if so you will have to contact Sony.

The error code 80010514 is caused by a defective Blu-Ray diode / lense, there seems to be a hihg failure rate with this problem with the 40GB and 60GB first release models.

I would try contacting Sony first and read them the sales of goods act, also tell them that you have looked on the net and seen the watchdog program about this problem and tell them you want it fixed free of charge and that the machine is clearly not fit for the purpose it was design for.

Messi19 · 11-01-2010 7:58pm

Bono Vox wrote: »

That's well out of warranty unfortunately. As far as I know you won't have a leg to stand on.

I spoke at length with consumer affairs and they assured me that i do. according to them the warranty is only an addition to your statutory rights

Kintarō Hattori · 11-01-2010 7:58pm

Standard warranty within Ireland is a year on electrical goods, regardless of the repeated claims that folk make about the 6 year warranty. Look at Sony for example who offer a 3 year guarantee on selected Bravia TVs or Panasonic who occasionally offer 5 years. If your baseline guarantee is 6 years, as some folk claim, why do the manufacturers make a big deal of offering you a guarantee that is still outside of the supposed '6 year' standard guarantee. They do this because your standard guarantee period in Ireland is one year.

What I would say to you OP that having paid full whack for the console on launch you could argue in the Small Claims Court that Sony have stated that they aim for the console to have a 10 year lifespan, they've gone on record with this. Now they of course mean the PS3 as an entity and not individual machines but would a judge really know the difference?! You could argue they expect it to be around for 10 years so you should be getting a machine that lasts longer than 3. The whole premise with electronics and the Small Claims Court is that the unit should last for a reasonable time period which in this case it hasn't.

alastair · 11-01-2010 7:59pm

Bono Vox wrote: »

That's well out of warranty unfortunately. As far as I know you won't have a leg to stand on.

Yes he will - under his statutory rights as defined by the sale of goods act. The European Consumer Centre on O Connell St (if you're in Dublin) can set you clear as to the process to follow.

http://www.eccireland.ie/

Under the Sale of Goods and Associated Guarantees Directive 99/44/EC consumer goods must be 'in conformity with the contract of sale 'i.e. you should get what you paid for. Goods are deemed to be 'in conformity with the contract' if, at the moment of delivery to the consumer:
they comply with the description given by the seller and 'possess the qualities of the product which the seller has held out to the consumer as a sample or model'.For example, the seller cannot tell you that a new kitchen is in 'perfect condition' if half of the cupboard doors are missing. Equally, a seller cannot show you a carpet sample of superior quality to the actual carpet that you purchase based on the sample shown.
they are fit for the purposes for which goods of the same type are normally used. For example, a car must be fit to be driven on the road (unless you have been specifically told that it is not.)
they are fit for any particular purpose for which the consumer requires them and which was made known to the seller at the time of conclusion of the contract, and accepted by the seller. For example, if you specifically request a right-hand drive car from a motor dealer, and he agrees in the contract of sale to supply you with one, he cannot then supply you with a left-hand drive car.
their quality and performance are satisfactory, given the nature of the goods and taking into account the public statements made about them by the seller, the producer or his representative. Here, an assessment of the specific agreement will be necessary. For example, if you buy a camera on the basis of it having special features, it must have those features.

A common set of consumer rights for consumers are valid no matter where in the EU the goods are purchased, which are enforceable for at least 2 years from delivery of the goods. In Ireland, there is limitation period of 6 years within which a consumer can bring an action against a trader.

For example, if you order a laptop which turns out to have less memory than it is supposed to have, the problem may not be obvious to you immediately, but it is still an inherent fault in the product which the trader must remedy if you discover it within the limitation period.

When a consumer reports the lack of conformity to the seller, they may be entitled to expect:

that the goods be repaired or replaced free of charge within a reasonable period and without major inconvenience to the consumer;
for a reduction to be made to the price, or for the contract to be rescinded (i.e. the contract ends, as if it was never present), if repair or replacement is impossible or disproportionate, or if the seller has not remedied the problem within a reasonable period or without major inconvenience to the consumer. The consumer is not entitled to have the contract rescinded if the lack of conformity is minor e.g. scratch on the outer plastic cover of a CD case.

In addition to your rights as outlined above, the seller may also offer you a guarantee. Any such 'commercial' guarantee is, importantly, in addition to your other rights, as above. It is not instead of them.

A commercial guarantee is defined as 'any additional undertaking given by a seller or producer, over and above the legal rules governing the sale of consumer goods, to reimburse the price paid, or to exchange, repair or handle a product in any way, if they do not meet the specifications set out in the guarantee statement or in the relevant advertising'.

Any commercial guarantee offered by a seller or producer will be legally binding under the conditions laid down in the guarantee document and the associated advertising. The guarantee must state that the consumer has statutory rights and clearly state that these rights are not affected by the guarantee. At the consumer's request, the guarantee must be made available in writing.

For example, a seller might offer you a '6 month guarantee' with a car, or a computer. This '6 month' guarantee will be in addition to, not instead of your legal rights as outlined above. Equally, if the seller offers you the car or the computer at a lower price, on a 'no guarantee' basis, this only means that you don't have this additional level of protection; you still have your legal rights, and can still seek redress.

The guarantee must state its content, in simple and understandable terms, and indicate the conditions for claiming under it, i.e. how long it lasts and where it applies, and the name and address of the guarantor. For example, you may buy a car in the UK which has a 3 year guarantee, but the guarantee may only valid for 2 years in Ireland- you need to ensure that you understand its scope before you agree the sale.

Bonavox · 11-01-2010 8:00pm

Messi19 wrote: »

I spoke at length with consumer affairs and they assured me that i do. according to them the warranty is only an addition to your statutory rights

I would have thought you'd need to contact Sony. I'd wonder why retailers would give warrantly as the statutory rights your describing defeats the purpose.

You may be right however, good luck with the case anyhow.

Messi19 · 11-01-2010 8:00pm

hellboy99 wrote: »

So you would of bought it early 2007 then, if so you will have to contact Sony.

The error code 80010514 is caused by a defective Blu-Ray diode / lense, there seems to be a hihg failure rate with this problem with the 40GB and 60GB first release models.

I would try contacting Sony first and read them the sales of goods act, also tell them that you have looked on the net and seen the watchdog program about this problem and tell them you want it fixed free of charge and that the machine is clearly not fit for the purpose it was design for.

My first instinct was to go back to sony but my contract is actually with the retailer and not the manufacturer.

Messi19 · 11-01-2010 8:03pm

You may be right however, good luck with the case anyhow.[/quote]

Thanks. I'll try to keep people posted cos ps3's seem to be dropping like flies and its costing people a fortune for refurbs/repairs as well as a hell of a lot of stress!

Bonavox · 11-01-2010 8:06pm

Messi19 wrote: »

Thanks. I'll try to keep people posted cos ps3's seem to be dropping like flies and its costing people a fortune for refurbs/repairs as well as a hell of a lot of stress!

Yeah, do keep us posted, it'll be interesting to see how it pans out. I do agree about the lifespan of consoles these days, especially when you buy a PS3 on launch day for that price and it to break three years later.

Messi19 · 11-01-2010 8:10pm

I was also looking at site in the uk which has some pretty good advice.
I'd be under the impression that the consumer laws over there are gonna be similar enough to over here.

http://whatconsumer.co.uk/faulty-playstation-3/#comment-2827

padraig61091 · 11-01-2010 8:12pm

Messi19 wrote: »

launch day 60gb brand new

u are joking u are complaing that a console bought 3 years ago i could understand if u bought it a year ago but really get over youreself and repair the ps3 or sell it as faulty or come down to galway so i can hit u

MODERATOR NOTE: Don't threaten users or you'll get banned. Also, read full threads. This post has been reported numerous times since the issue was dealt with. Scroll down a few posts to see this.

!MAVERICK! · 11-01-2010 8:15pm

Yeah actually OP i taught you purchases a PS3 Slim and it became defective? but that one is like the first one to come out! You very unlucky being in the very small percentage of PS3 failures. You are gona have to either buy a new console or pay the repair fee to Sony.

Inquitus · 11-01-2010 8:16pm

!MAVERICK! wrote: »

Yeah actually OP i taught you purchases a PS3 Slim and it became defective? but that one is like the first one to come out! You very unlucky being in the very small percentage of PS3 failures. You are gona have to either buy a new console or pay the repair fee to Sony.

Very small percentage lol, its the tip of the iceberg atm and they are dropping like flies.

Bonavox · 11-01-2010 8:18pm

padraig61091 wrote: »

u are joking u are complaing that a console bought 3 years ago i could understand if u bought it a year ago but really get over youreself and repair the ps3 or sell it as faulty or come down to galway so i can hit u

Wow, thank you ever so much for that constructive and insightful comment :rolleyes:

padraig61091 · 11-01-2010 8:20pm

Bono Vox wrote: »

Wow, thank you ever so much for that constructive and insightful comment :rolleyes:

well really i also have a orginal 60gb ps3 and if it broke yeah i would be angry but i have had it for 3 years i got my money worth from it and reparing or replacing is not that big a deal

Bonavox · 11-01-2010 8:22pm

padraig61091 wrote: »

well really i also have a orginal 60gb ps3 and if it broke yeah i would be angry but i have had it for 3 years i got my money worth from it and reparing or replacing is not that big a deal

Yeah, but you asked him yo travel down to you so you could hit him

He was making a simply inquiry about warranty laws. There was no need for your response.

Messi19 · 11-01-2010 8:29pm

padraig61091 wrote: »

u are joking u are complaing that a console bought 3 years ago i could understand if u bought it a year ago but really get over youreself and repair the ps3 or sell it as faulty or come down to galway so i can hit u

Damn right i'm complaining considering how much the thing cost. I've a ps2 that must be at least 10 years old and its still going strong.

I'd never sell a faulty ps3 to somebody. Thats just a s****y thing to do

thebman · 11-01-2010 8:29pm

Bono Vox wrote: »

I would have thought you'd need to contact Sony. I'd wonder why retailers would give warrantly as the statutory rights your describing defeats the purpose.

You may be right however, good luck with the case anyhow.

They do it as it allows easy resistance on returns outside that period which substantially reduces returns and allows them to make money off repairs.

Look up how limited warranties came into existence they weren't always there and don't change any of your rights as a consumer.

Sony themselves declared the PS3 to have what a 10 year life span or so?

Google it, I'm sure there is an article online with the exact statement they made as they were trying to justify spending that much more than the 360 price in statements and said something about the lifespan.

Kintarō Hattori · 11-01-2010 8:31pm

!MAVERICK! wrote: »

Yeah actually OP i taught you purchases a PS3 Slim and it became defective? but that one is like the first one to come out! You very unlucky being in the very small percentage of PS3 failures. You are gona have to either buy a new console or pay the repair fee to Sony.

You may accept it being faulty but I and lots of other folk sure as heck wouldn't. €600+ is alot of money for a piece of hardware that should in theory last years and years. By default it and other hardware ship with a paltry 12 month warranty which really isn't long enough when you consider the expense.

projectmayhem · 11-01-2010 8:32pm

Our friend padraig61091 is taking a break from the forum so we can all move back on topic

Retr0gamer · 11-01-2010 8:35pm

Kintarō Hattori wrote: »

Standard warranty within Ireland is a year on electrical goods, regardless of the repeated claims that folk make about the 6 year warranty. Look at Sony for example who offer a 3 year guarantee on selected Bravia TVs or Panasonic who occasionally offer 5 years. If your baseline guarantee is 6 years, as some folk claim, why do the manufacturers make a big deal of offering you a guarantee that is still outside of the supposed '6 year' standard guarantee. They do this because your standard guarantee period in Ireland is one year.

Thats a manufacturers warranty. The 6 year gaurantee set down by EU law is with the retailer (although in this case it really should be with the manufacturer but that's what the law states). These warrantys are given as an extension of your statuatory rights, it doesn't replace them. The big companies won't admit it but it is a way of fooling you into thinking that once the warranty is up you don't have a leg to stand on. Just because they are a big company doesn't mean they can be trusted, this is the same Sony that put a worm on their music disc that installed when you put it in a PC.

Fair play to you OP, more people really should have the balls to complain about these things instead of being pushed around and having their rights ignored. However I think the small claims court is a bit drastic. The first thing you should do before going to court is getting all your consumer rights information and asking for the manager and present your case. It's usually enough to scare them into action.Whatever you do don't get into an argument or shouting match. If that doesn't work then small claims court is your only other option.

An expensive piece of electronics hardware with a supposed 10 year life cycle shouldn't be breaking after 3 years.

hellboy99 · 11-01-2010 8:44pm

OP, if you do get somewhere with this and Sony take the console from you for repair, be sure to blow out any dust from the console, otherwise they will say it broke due to overheating and you not looking after it

Messi19 · 11-01-2010 8:44pm

Thanks for all the support and help guys. I was originally just wondering had anybody taken similar action and what the outcome was but i suppose that if it helps people avoid all the bull from sony and the retailers it'll be worth it.

Seems like most people are unsure of their rights as a consumer but they are your rights so i suppose its worth using them.

I'm hoping it'll be settled without a court date so its just gonna be fingers crossed.

ps3 and small claims court

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