ps3 and small claims court

disco girl

norrie rugger wrote: »

Woo hoo
full refund given. Judge did not buy the Smith's rep's side

Excellent news....:D

Retr0gamer

Congrats man.

norrie rugger

Cheers lads. Long wait but worth it.

What seemed to swing it was me listing all the consoles that I have/had that were still working, up to 20 years after first getting them. So the reasonable assumption that the item should last longer than the 2.5 years. Once he accepted this then the 1 year warranty kind of went out the window. I stressed that the PS3 is also a media centre and not just a games console (Toy) as the judge admitted not knowing much about the sector. so highlight the BluRay aspect, internet, movie/music storage etc.

Second major point for the judge was the fact that we (customers) are prohibited from getting independant assessments, of the PS3, as once the warranty seal is broken we lose all recourse. I informed the judge that I had offered to allow Smyth's to examine the console and that they had declined this offer. This really swayed his decision.

Also take a picture of your set up. Being able to show that the PS3 was lying flat in an open TV stand, with great ventilation and no dust traps helped a lot. Does not hurt to include any of your current consoles, TV and electronics in the picture, to show that you are well used to looking after similar items and not likely to mishandle the equipment

johnny_adidas

norrie rugger wrote: »

Cheers lads. Long wait but worth it.

What seemed to swing it was me listing all the consoles that I have/had that were still working, up to 20 years after first getting them. So the reasonable assumption that the item should last longer than the 2.5 years. Once he accepted this then the 1 year warranty kind of went out the window. I stressed that the PS3 is also a media centre and not just a games console (Toy) as the judge admitted not knowing much about the sector. so highlight the BluRay aspect, internet, movie/music storage etc.

Second major point for the judge was the fact that we (customers) are prohibited from getting independant assessments, of the PS3, as once the warranty seal is broken we lose all recourse. I informed the judge that I had offered to allow Smyth's to examine the console and that they had declined this offer. This really swayed his decision.

Also take a picture of your set up. Being able to show that the PS3 was lying flat in an open TV stand, with great ventilation and no dust traps helped a lot. Does not hurt to include any of your current consoles, TV and electronics in the picture, to show that you are well used to looking after similar items and not likely to mishandle the equipment

great info there. thanks and well done

Yellowledbetter

norrie rugger wrote: »

Cheers lads. Long wait but worth it.

What seemed to swing it was me listing all the consoles that I have/had that were still working, up to 20 years after first getting them. So the reasonable assumption that the item should last longer than the 2.5 years. Once he accepted this then the 1 year warranty kind of went out the window. I stressed that the PS3 is also a media centre and not just a games console (Toy) as the judge admitted not knowing much about the sector. so highlight the BluRay aspect, internet, movie/music storage etc.

Second major point for the judge was the fact that we (customers) are prohibited from getting independant assessments, of the PS3, as once the warranty seal is broken we lose all recourse. I informed the judge that I had offered to allow Smyth's to examine the console and that they had declined this offer. This really swayed his decision.

Also take a picture of your set up. Being able to show that the PS3 was lying flat in an open TV stand, with great ventilation and no dust traps helped a lot. Does not hurt to include any of your current consoles, TV and electronics in the picture, to show that you are well used to looking after similar items and not likely to mishandle the equipment

Congrats man,great result and very well played

Strangegravy

Quick question - Did anyone here have to get a certified engineers report from a reputable company in dealing with your respective retailers and if so where did you go to get this done? I'm in the Limerick area.

Thanks in advance!

Messi19

Well done norrie. Great result. Delighted for you

Slick50

Strangegravy wrote: »

Quick question - Did anyone here have to get a certified engineers report from a reputable company in dealing with your respective retailers and if so where did you go to get this done? I'm in the Limerick area.

Thanks in advance!

norrie rugger wrote:

Second major point for the judge was the fact that we (customers) are prohibited from getting independant assessments, of the PS3, as once the warranty seal is broken we lose all recourse. I informed the judge that I had offered to allow Smyth's to examine the console and that they had declined this offer. This really swayed his decision.

If you break the security seal you will be accused of "tampering" with the console. You should not, or let anyone else open the console.

Strangegravy

Slick50 wrote: »

If you break the security seal you will be accused of "tampering" with the console. You should not, or let anyone else open the console.

Yeah, I've considered this point, and made that clear to the retailer in my first correspondence with them. But they're still looking for a detailed engineers report, so before I'd even contemplate getting this done, I'll be seeking certain guarantees from them.

Thanks for the reply!

CiDeRmAn

I am throwing the towel in with the PS3, mine ylod a month or so ago, no receipt unfortunately.
The 360 died the same week so after much deliberation I decided that I can only afford to replace one and picked the PS3 as the format to go.
Sickened by the reps attitude on the phone, so goodbye Sony, for now at least.
Sold everything I can, the games and controllers etc.
Picking up a 360 slim in a couple of days.

deadanonymau5

CiDeRmAn wrote: »

I am throwing the towel in with the PS3, mine ylod a month or so ago, no receipt unfortunately.
The 360 died the same week so after much deliberation I decided that I can only afford to replace one and picked the PS3 as the format to go.
Sickened by the reps attitude on the phone, so goodbye Sony, for now at least.
Sold everything I can, the games and controllers etc.
Picking up a 360 slim in a couple of days.

How old was your 360? What happened to it?

norrie rugger

CiDeRmAn wrote: »

I am throwing the towel in with the PS3, mine ylod a month or so ago, no receipt unfortunately.
The 360 died the same week so after much deliberation I decided that I can only afford to replace one and picked the PS3 as the format to go.
Sickened by the reps attitude on the phone, so goodbye Sony, for now at least.
Sold everything I can, the games and controllers etc.
Picking up a 360 slim in a couple of days.

TBH it is bye bye Sony for me too, once this generation is over. Have too many older games that I still play, to start fresh with xbox.
I hope that Sony realise just how bad a taste this is leaving in, previously, loyal customers mouths

Slick50

Strangegravy wrote: »

Yeah, I've considered this point, and made that clear to the retailer in my first correspondence with them. But they're still looking for a detailed engineers report, so before I'd even contemplate getting this done, I'll be seeking certain guarantees from them.

Thanks for the reply!

That is a spurious arguement put up by most retailers. They are trying to tell us the onus is on us to prove a manufacturing fault. This has been proven to be incorrect in court, re: PS3's, at least twice now. Under the "sale of goods and supply of services act 1980" the console is supposed to be as durable as is reasonable to expect. With the cases posted in this thread, the judges have agreed that they should last longer than the manufacturers warranty period of one year.

Maybe it's time to consider the small claims court too. Legal papers can show that you are serious, and will not be fobbed off.

.G.

filed my claim on March 15th

Still waiting for a court date.Retailer still accepts no responsibility for the situation

EDIT: Court Date set for January 2012.:rolleyes:

just aswell i bought a new one in the meantime

johnny_adidas

well no reply from retailer for me. Spoke to registrar who was v nice but said they don't strictly stick to the 15 days exactly so ill just have to wait (possibly weeks).
Even if i get a judgement not sure if ill get anything as they are not in great financial shape at the moment. Will update when more info becomes available

norrie rugger

superg wrote: »

filed my claim on March 15th

Still waiting for a court date.Retailer still accepts no responsibility for the situation

EDIT: Court Date set for January 2012.:rolleyes:

just aswell i bought a new one in the meantime

If you are in Dublin, you are doing good with that date

Slick50

johnny_adidas wrote: »

well no reply from retailer for me. Spoke to registrar who was v nice but said they don't strictly stick to the 15 days exactly so ill just have to wait (possibly weeks).
Even if i get a judgement not sure if ill get anything as they are not in great financial shape at the moment. Will update when more info becomes available

Who are you dealing with? how bad are their finances if they can't afford a few hundred euro?. If you get a court order, they have to pay or the sheriff can be used to extract payment. Unless they shut up shop before he gets there.

As for not sticking to the rules, it seems to very much depend on the court clerks opinion, which varies from district to district. Very strange.

Strangegravy

Just an update on my own situation.

I managed to finally acquire an engineers report from a credible company and the retailer accepted it. As a show of good faith they offered to exchange my old PS3 for a new slim one and sent me a letter to bring into any of their stores.

I arrived in with my letter and although they said they'd never dealt with something like this before, they read the letter a couple of times, made a phone call to head office to confirm the details, then kindly exchanged my old fat PS3 for a new PS3 Slim! I'm over the moon!

To be honest it's more relief that this process is finally over but I'm so glad I stuck with this over the last 3 months, and didn't accept "shoddy, shoddy, shoddy" workmanship on Sony's part. I'm still amazed that retailers haven't tried to get some recourse from Sony on this issue, as the amount of examples and info on YLOD I found online and from engineers over the last few months has been unbelievable.

Just want to say thanks to all on this thread who inspired me to contact the retailer in the first place.

Yellowledbetter

Nice one,another result for us PS3 users,congrats Strangegravy !!!

.G.

Strangegravy wrote: »

Just an update on my own situation.

I managed to finally acquire an engineers report from a credible company and the retailer accepted it. As a show of good faith they offered to exchange my old PS3 for a new slim one and sent me a letter to bring into any of their stores.

I arrived in with my letter and although they said they'd never dealt with something like this before, they read the letter a couple of times, made a phone call to head office to confirm the details, then kindly exchanged my old fat PS3 for a new PS3 Slim! I'm over the moon!

To be honest it's more relief that this process is finally over but I'm so glad I stuck with this over the last 3 months, and didn't accept "shoddy, shoddy, shoddy" workmanship on Sony's part. I'm still amazed that retailers haven't tried to get some recourse from Sony on this issue, as the amount of examples and info on YLOD I found online and from engineers over the last few months has been unbelievable.

Just want to say thanks to all on this thread who inspired me to contact the retailer in the first place.

Got a spare copy of the engineers report?

Strangegravy

superg wrote: »

Got a spare copy of the engineers report?

Ha, ha.. the guy I was dealing with said that their company hadn't had to do one up before, but said he'd put something together for me when he had the time (He was very busy fixing PS3's with YLOD!!) and then kindly did. The report has personal details regarding my claim so I wouldn't publish it but if you're seriously looking for one I can PM you the company I dealt with and you can contact them directly and see if they can help you out.

Let us know.

.G.

No just joshing.

My own retailer stonewalled me from day one other than to tell me its not their problem so waiting on a judge to hopefully tell them they are wrong.

I can draw on your own and others experience's posted here to highlight to the judge why it is their problem

Strangegravy

Bad form out of them, at least my guys sorted it in the end, although they didn't make it a particularly easy process, but they were willing to talk under the Sale of Goods Act.

Good luck with it anyway!

johnny_adidas

can finally give an update to this

SCC contacted me last week, apologised for delay and said another letter should be sent as retailer name was slightly incorrect. If still no reply after two weeks, court order would be issued for full amount. Today I received a letter from retailer telling me to go to local store and id be given a new 320 model for my old one.
Unfortunately i will lose my game saves and the extras that the 60gb model had (and obv the price difference) but its still a good result all the same.
looking forward to meeting the manager who point blank refused first day

johnny_adidas

just wondering did you guys remove your hard drives before handing them over?

also need to get my bfbc2 game back or a replacement

Yellowledbetter

johnny_adidas wrote: »

just wondering did you guys remove your hard drives before handing them over?

also need to get my bfbc2 game back or a replacement

I didnt get my HD out but when I got my replacent machine the manager in the store also gave me a copy of MW2 which had been in my PS3 when it kicked the bucket. It's only fair really,you paid for your BFBC2 and it got stuck in a machine that was faulty through no fault of yours.

Slick50

johnny_adidas wrote: »

just wondering did you guys remove your hard drives before handing them over?

also need to get my bfbc2 game back or a replacement

I don't think your old hard drive is much addition, I'm sure the PS3 formats any new hard drives to that particular console. Well done on sticking with it.

Varik

Slick50 wrote: »

I don't think your old hard drive is much addition, I'm sure the PS3 formats any new hard drives to that particular console. Well done on sticking with it.

Unless you added a larger one the there's not much point to swap them.

johnny_adidas

well i guess im just thinking about things on the drive such as personal photos etc. which im sure sony could access somehow on their system. doubt they'd find anything i have on it interesting but i guess its just as id treat any hard drive i owned before disposing/selling. might take the drive out and chance handing it back without it.

Varik

johnny_adidas wrote: »

well i guess im just thinking about things on the drive such as personal photos etc. which im sure sony could access somehow on their system. doubt they'd find anything i have on it interesting but i guess its just as id treat any hard drive i owned before disposing/selling. might take the drive out and chance handing it back without it.

They probably would be within their rights to refuse then.

Just format it properly with a pc, install it or use an external case or pop it in an other ps3 that will do it.