ps3 and small claims court

mrbig

Well Done I never doubted you would stick it to them

leshogan

registrar in limerick told me if no response come in, I sign affidavit, Galway Sheriff (smyths headoffice) is sent to collect my money by court

smyths never responded to my claim

norrie rugger

Slick50 wrote: »

Re: the lads waiting for court dates. According the SCC information site, where a respondent fails to reply, it is treated as undisputed. At this point the registrar is supposed to put it before the judge to formally have an order made in your favour. Although the fact that they responded initially may change this. I suspect you'll be offered free refurbs before it goes to court.

I'll go the line that you mentioned. If they are not going to repair "my" console, then no thanks

hicksn

this ylod is doing my head in,does anywhere buy a void ylod ps3 fixed back up?

Elessar

Anyone else waiting SCC dates have any updates?

leshogan

Smyths never replied I went to district court signed affidavit now waiting on a cheque from Smyths. €395.99

If they donmt pay sheriff willcollect, so just waiting

Varik

leshogan wrote: »

Smyths never replied I went to district court signed affidavit now waiting on a cheque from Smyths. €395.99

If they donmt pay sheriff willcollect, so just waiting

So you didn't have to explain anything just showed up and as you were only the only one that did you get the money, you didn't have to even say or show it was broken?

Retr0gamer

Smyths aren't contesting the claim, therefore the he won.

Varik

Retr0gamer wrote: »

Smyths aren't contesting the claim, therefore the he won.

I get that he won because of that but it's kinda messed up, if Smyths don't show up for other claims what's to stop people doing this to get a free upgrade with some extra spending money for the low price of €15.

How much low are these just to send out someone on minimum wage with some bus fare.

Slick50

Varik wrote: »

I get that he won because of that but it's kinda messed up, if Smyths don't show up for other claims what's to stop people doing this to get a free upgrade with some extra spending money for the low price of €15.

How much low are these just to send out someone on minimum wage with some bus fare.

I don't think Smyths will just ignore every claim, they have probably let a few cases slip through while they were waiting to see how their origional court case went. I would imagine that they will be offering replacements FOC from here on, so long as you are persistant enough. They will still be fobbing most people off with the "out of warranty" line, but if that doesn't work they will be taking the next cheapest option available at that stage.

leshogan

Varik wrote: »

So you didn't have to explain anything just showed up and as you were only the only one that did you get the money, you didn't have to even say or show it was broken?

They didnt respond to claim, there was no court hearing, rang the clerk then called in and signed affidavit, he was surprised because smyths are usually easy to deal with

thebman

I dunno, whats to stop them forcing each to no claims court and not turning up from now on to try to keep people away.

Does it actually cost them anything when they lose the case? Do they have to pay a court charge or something?

Retr0gamer

thebman wrote: »

I dunno, whats to stop them forcing each to no claims court and not turning up from now on to try to keep people away.

Does it actually cost them anything when they lose the case? Do they have to pay a court charge or something?

It's probably damage control now. Since one case has already gone through that case can be referenced and basically Smyths will lose every case unless theycome up with some elaborate loop hole. So it's cheaper for them to send nobody since there's no point sending someone there to a court case they are going to lose. I'd say Smyths HQ will be on to Sony to try and put the cost on their heads.

Varik

Retr0gamer wrote: »

I'd say Smyths HQ will be on to Sony to try and put the cost on their heads.

All this is due to Irish consumer law, i don't think that this applies to retailers and manufacturers but what protection do retailers have.

you are not a consumer if you:

* Receive goods as a gift
* Buy goods for commercial purposes (i.e. you will be using the goods for commercial and not private use or for sale)
* Buy goods for private use that are normally used for business purposes
* Buy goods from an individual who is not in business (i.e. you buy a car from an individual whose normal business is not selling cars)

Retr0gamer

Varik wrote: »

All this is due to Irish consumer law, i don't think that this applies to retailers and manufacturers but what protection do retailers have.

Oh definitely but there has to be laws in place to protect the retailer from absorbing the costs of badly manufactured products. I don't know if there are any but there must be and I'd say if enough people start winning these cases then there's going to be a case made by the retailers against Sony. Having to pay refunds of hardware is going to hit retailers very hard since they make very little profit (around 6%) on hardware.

Varik

Retr0gamer wrote: »

Having to pay refunds of hardware is going to hit retailers very hard since they make very little profit (around 6%) on hardware.

Wait just realised that if the retailers only make a 6% and from gamestops accounts that's around what they do get then they have to pay the 94% of the money you paid for it that went to Sony at the start.

Some insurance deal would help get an extra year or 2 warranty it's not like most people know their rights or they could start charging €30 for a firmware upgrade like that US shop.

witnessmenow

Varik wrote: »

Wait just realised that if the retailers only make a 6% and from gamestops accounts that's around what they do get then they have to pay the 94% of the money you paid for it that went to Sony at the start.
.

I dont understand what your trying to say, but you are missing at least 21% for VAT from the equation

Slick50

thebman wrote: »

I dunno, whats to stop them forcing each to no claims court and not turning up from now on to try to keep people away.

Does it actually cost them anything when they lose the case? Do they have to pay a court charge or something?

They won't let every claim go to court uncontested, because it would cost them a fortune. If they don't contest a claim, the claimant is automatically awarded the full ammount of the claim, that's going to be €300 plus each time. If they hadn't contested my claim it would have cost them €629.99.

They are going to have to force Sony to share the cost of this problem, I don't know why they haven't before now. I don't imagine xtravision or gamestop are taking the hit. Smyths will make a deal for sony to take the hit on the refurbished units they are forced to supply, they are still only going to provide free refurbs where they are forced. Once they offer free refurbs, consumers will find it hard to justify refusing them, unless you have a refurb that is the problem.

Realistically, Sony should be giving at least three year warranties, as are microsoft, and indeed Sony do themselves on some of their TV's.

Varik

witnessmenow wrote: »

I dont understand what your trying to say, but you are missing at least 21% for VAT from the equation

Of the original money you paid to the retailer they get 6%, the gov get 21% and Sony get the 73% (probably some other middle men and the vat will be 17% of the overall price)

Now you get given a payment due to the scc from the retailer of just under €400, which is vastly more than the 6% they made off you in the first place.

The government still have the tax and Sony still have their cut, but the retailer has to repay you the money that went to those.

After all this is done you have a ps3 and have't lost anything, the gov and Sony have made twice as much off you than they would have and the retailer is down €400.

The retailer aren't just giving you back the money they made off the sale they are paying the gov's and Sony's cut.

Slick50 wrote: »

Realistically, Sony should be giving at least three year warranties, as are microsoft, and indeed Sony do themselves on some of their TV's.

The longer warranty form MS is due to the extent of the rrod and at that large % it would have meant a class action lawsuit in the US and would have cost far more, while is sucks when things break most countries don't have the extent of cover we do.

whiterebel

Varik wrote: »

Of the original money you paid to the retailer they get 6%, the gov get 21% and Sony get the 73% (probably some other middle men and the vat will be 17% of the overall price)

Now you get given a payment due to the scc from the retailer of just under €400, which is vastly more than the 6% they made off you in the first place.

The government still have the tax and Sony still have their cut, but the retailer has to repay you the money that went to those.

After all this is done you have a ps3 and have't lost anything, the gov and Sony have made twice as much off you than they would have and the retailer is down €400.

The retailer aren't just giving you back the money they made off the sale they are paying the gov's and Sony's cut.




The longer warranty form MS is due to the extent of the rrod and at that large % it would have meant a class action lawsuit in the US and would have cost far more, while is sucks when things break most countries don't have the extent of cover we do.

I'd say Smyths take one out of the pile, and tell Sony to suck it up......

leshogan

Recieved my cheque from Smyths this morning, sweet

Slick50

leshogan wrote: »

Recieved my cheque from Smyths this morning, sweet

Mine too, cheque just in the door this morning. I was afraid that Smyths were holding out, deciding whether to appeal the decission or not.

Joe 316, did you ever get anywhere with Smyths after.

Any mods. think this is worth making a sticky at this stage.

nhallahan

Is there anyway of persuing this if you have lost the store receipt I bought if on a credit card

Varik

nhallahan wrote: »

Is there anyway of persuing this if you have lost the store receipt I bought if on a credit card

Credit card bill/receipt counts are proof of purchase

leshogan

nhallahan wrote: »

Is there anyway of persuing this if you have lost the store receipt I bought if on a credit card

i had no receipt, just cc bill

Cork24

Ok, So did you win this Case?? i dont have the time to be reading 34 pages of comments

i had a problem once were i get a Game for my old PC, in Game.

Once i installed it a black screen was showing up my computer couldnt handle the game so i took it back and they told me they would not Refund me the money as it was a PC Game. So my Brother Rang their HQ in Dublin which put him on the HQ in England told them the story and they said bring it back and if you have a problem getting the money back just tell them you were onto the Region Manager. he gave his name cant remember as this is Way back in the first Xbox days. and got my 30euro back for the game..

Are they Allowed that? not refund PC Games.

as this happened to me with the first Assassin Creed game kept on Freezing so took it back to Symths he ask me to go away and up date the system ect. told him i did update the system and wanted a Refund.. he was very slow to give it to me asking me question on how old is the console etc. i told him it was not the first edition as i dont buy Console that come out at first release as i learned my lesson with the xbox 360. so after about 10mins he finally gave me my 60euro back.

F1ngers

Cork24 wrote: »

Ok, So did you win this Case?? i dont have the time to be reading 34 pages of comments

I think 4 have gotten a refund by doing this.

Varik

Cork24 wrote: »

Are they Allowed that? not refund PC Games.

as this happened to me with the first Assassin Creed game kept on Freezing so took it back to Symths he ask me to go away and up date the system ect. told him i did update the system and wanted a Refund.. he was very slow to give it to me asking me question on how old is the console etc. i told him it was not the first edition as i dont buy Console that come out at first release as i learned my lesson with the xbox 360. so after about 10mins he finally gave me my 60euro back.

You can't get a return it if you change your mind (i know you didn't) or if you were told about something before hand (fault/requirements), so that line they say about the checking PC requirements is protection from that. The problem is a lot of games such as those using steam could not be returned and the shop does not have to give you anything as you haven't returned it as you can't.

With console games where in the case of Assassin Creed they can check the game with a console and know if it does work that the console was at fault not the game they don't have to give a refund.

Messi19

Just thought I'd give it a little bump.

Any more news lately???

leshogan

I did find a guy in Limerick to replace the broken dirve for €80, how bad!!!