Help Please

The Sheriff 101

I was wondering if someone could help me out here

I recently purchased an X-Box 360 off ebay recieed it it worked for an hour or so before it running into trouble after searching online and finally contacting Microsoft support they informed me that it is a hardware problem and the warrenty is not valid as it is 2nd hand.

I have contacted the user who has said that he is sorry that i am having trouble but it is not his problem it was working when he sent it.

I am still awaiting a reply from ebay (2 days)


Do i have any right to ask to a refund or to have xbox repaired?

Overheal

sounds like a scam either way.

The goods arent of merchantable quality. Double check the bid description to make sure the b******* wont slip through a wording loophole. eBay should hopefully bear its full might on the issue

The Sheriff 101

no he has no loophole that i can see anyway ebay have replied saying i could contact buyer first i have to no avail

Should i press buyer saying i will be contacting ebay to complain him
or just complain him to the dispute console on ebay i would be quite happy for the buyer to pay for repair costs do you think i have a good case as the item was working for an hour or so

The Sheriff 101

btw just looking for opinions just read the charter

piraka

Is this not a case of "buyer beware" especially of the internet.

seamus

This is a private sale, much like buying something out of the Buy and Sell. Unless the seller knowingly sold you something which he knew was faulty (and actively kept this information from you), then you have no recourse. You would have to prove the latter case in court in order to obtain any recourse whatsoever.

Overheal

It sounds like theres enough to incriminate the seller as knowing of the defect: My advice is to have DONE NOTHIING WITH THE 360. It must be preserved in the same operating state as you got it. Also, you will need to speed this issue: a lot of consumer laws expire after 28 days after purchase. I assume its extended slightly for E-sales, but you never know.

The only thing you should do is take the 360 to a Reputable Hardware Repairman to be examined (this will most likely for warranty and experience reasons be an advocate of Microsoft) Who can at least tell you whats wrong and how it may have occured. You never know; its possible its a minor fix.

What kind of error were you getting? In almost all xBox maladies its Dvd-drive or Hard-Drive related.

seamus

Overheal wrote:

It sounds like theres enough to incriminate the seller as knowing of the defect: My advice is to have DONE NOTHIING WITH THE 360. It must be preserved in the same operating state as you got it. Also, you will need to speed this issue: a lot of consumer laws expire after 28 days after purchase. I assume its extended slightly for E-sales, but you never know.

Consumer law doesn't apply here. From what he says, this was sold by a private seller. Which means that it is a matter between the two private individuals, and the sale of goods and services act doesn't apply here.

You can't give legal advice on this forum. "It sounds like theres enough to incriminate the seller as knowing of the defect:" is most definitely legal advice (and I completely disagree).

It is possible to pursue this in court, but it will be a civil matter. Assuming the seller is overseas, the court may rule in your favour but it may not have the jurisdiction to enforce its judgement (i.e. to get your money back).

Go through Ebay's procedure first. If they can't help you, and the seller is overseas, find out what a repair will cost, and decide based on that. That's my opinion

Overheal

so if I said: "It sounds like a bunny" thats legal advice? Sorry, but im quite sure it 'sounds' like a * opinion.

Did you ever get that resolved yet Sherrif?

The Sheriff 101

Ive been away for a few days thanks for all the replies
firstly to answer a few questions yes the item was purchases from overseas
I contacted microsoft once i discovered the problem after i sent seller an email i wasd after waiting 2 days and no reply tried all the troublshooting tips i was then informed that it was a hardware problem that would cost 130 to fix :mad: :mad:

My impatience cost me a little here firstly whan i recieved the xbox i tried to register it for xbox live but never finished it.
once i rang microsofts support they took my details and the serial no of the xbox before answering my questions:mad:

only for me to discover the seller had not registered the xbox and i was not covered in the warrenty as the xbox was second hand

also the defect is a know problem.:(

my next action is to again contact ebay and possible bring it to the ebay dispute console.

also the seller has had 217 transactions with only 1 bad report
so im not so sure if i should be brining it to the dispute console

Overheal

What other transactions? Air guitars autographed by John Lennon? Used pairs of socks?!

I wouldn't personally care if the seller was Mother Theresa; he still hasn't gotten back to you which means he probably pulled a fast one on you...I say killim! Grill him by the man-bits and feed him to your dog Skippy...whatever it takes