ps3 and small claims court

whiterebel

johnny_adidas wrote: »

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

Well done.

thedoc46

I had the YLOD last week on a re manufactured 160gb (i think) Phat model or 80gb am not too sure but this was only a year and half after Sony sent me the refurb model,

So i rang Sony directly and they said i would need to pay the €140 fee for a refurb model, I point blankly told the rep that aint going to happen and to make SCEI aware of this and that i want another PS3 asap as there is an obvious manufacturing fault with all the phat models as this was my 2nd refurb model to fail in the space of 2 and half year's,

I received an email from SCE and they said they will send me a refurb 160gb slim model as a good will gesture (this being my second good will gesture from them) so forward on Monday and i receive a phat model 80gb from them, Absolutely nailed them with another email and last night i come home to a slim 160gb PS3 no fee paid.

whiterebel

thedoc46 wrote: »

I had the YLOD last week on a re manufactured 160gb (i think) Phat model or 80gb am not too sure but this was only a year and half after Sony sent me the refurb model,

So i rang Sony directly and they said i would need to pay the €140 fee for a refurb model, I point blankly told the rep that aint going to happen and to make SCEI aware of this and that i want another PS3 asap as there is an obvious manufacturing fault with all the phat models as this was my 2nd refurb model to fail in the space of 2 and half year's,

I received an email from SCE and they said they will send me a refurb 160gb slim model as a good will gesture (this being my second good will gesture from them) so forward on Monday and i receive a phat model 80gb from them, Absolutely nailed them with another email and last night i come home to a slim 160gb PS3 no fee paid.

Well done.

Slick50

Well done "doc".

I see "Sony make believe" have released a statement that 1.6 million 40" bravia lcd tv's may be a fire hazard, and that people who have bought these models should bring them back for replacement of the problem part.

Sony say that this NOT a recall though?

johnny_adidas

well i just collected it anyway, along with a brand new game to replace mine. (all from the manager who refused the first day and was very polite to me throughout the transaction)
happy out although the new ps3 I'd bought in advance of Battlefield 3 being released arrived the day before the letter from retailer. hadnt wanted to mention this before i got sorted but had kinda given up on it. so now ive got 2 brand new 320gb PS3s. hopefully they give me better service than my original.
I did need a reference number from sony for the transaction and now need to notify SCC in writing that its been sorted.
Thanks again to everyone who shared their experience here and made this possible and best of luck to everyone else in their pursuit of a replacement.

Varik

johnny_adidas wrote: »

well i just collected it anyway, along with a brand new game to replace mine. (all from the manager who refused the first day and was very polite to me throughout the transaction)

He's not losing out, first day he did his job and did so again today.

johnny_adidas wrote: »

happy out although the new ps3 I'd bought in advance of Battlefield 3 being released arrived the day before the letter from retailer. hadnt wanted to mention this before i got sorted but had kinda given up on it. so now ive got 2 brand new 320gb PS3s. hopefully they give me better service than my

Buy the inevitable downloadable version of BF3, you could install it on both and get a little local multiplayer squad going.

johnny_adidas wrote: »

I did need a reference number from sony for the transaction and now need to notify SCC in writing that its been sorted.
Thanks again to everyone who shared their experience here and made this possible and best of luck to everyone else in their pursuit of a replacement.

Can you explain that bit some more, i didn't think Sony ever played a part in these.

johnny_adidas

just emailed sony and asked them for a reference number as retailer was prepared to replace my console. which i then presented when i went to trade with the retailer (along with console,controller,and credit card statement as proof of purchase)

Varik

johnny_adidas wrote: »

just emailed sony and asked them for a reference number as retailer was prepared to replace my console. which i then presented when i went to trade with the retailer (along with console,controller,and credit card statement as proof of purchase)

No i mean why did you need to do this, was the retailer or scc that told you to.

johnny_adidas

retailer requested it as it was on letter from head office. didnt bother arguing too much as i figured i was getting what i wanted. As you say it had nothing really to do with sony as they completely fobbed me off originally and said id have to pay the €160. the retailer mentioned they would need the reference in order to claim back money from sony (whether this was the case or not i do not know)

I just rang SCC afterward to notify them that i am satisfied with the outcome and to remove my claim.

krudler

interesting reading this thread, my bluray drive or laser died earlier, just crashed while playing Arkham City and now wont read disks at all, disk goes in, makes a bit of noise, doesnt spin up and no logo in the games section of the xmb, tried a few things after having a quick google for some simple solutions but nada. I bought it in mid december 2009, still have the box and I think the reciept as its in the shed, got it in gamestop so its out of the 1 year warranty but I should be able to get a replacement at least going by what people are saying on here.

of all the fcuking times to break too, in the biggest games season in years :mad:

Yellowledbetter

krudler wrote: »

interesting reading this thread, my bluray drive or laser died earlier, just crashed while playing Arkham City and now wont read disks at all, disk goes in, makes a bit of noise, doesnt spin up and no logo in the games section of the xmb, tried a few things after having a quick google for some simple solutions but nada. I bought it in mid december 2009, still have the box and I think the reciept as its in the shed, got it in gamestop so its out of the 1 year warranty but I should be able to get a replacement at least going by what people are saying on here.

of all the fcuking times to break too, in the biggest games season in years :mad:

Best of luck with it man. Myself and a few others on here have had luck getting replacements by using the "Sale of Goods and Supply of Services Act",its there to protect you so my advice to you is use it!!

norrie rugger

Yellowledbetter wrote: »

Best of luck with it man. Myself and a few others on here have had luck getting replacements by using the "Sale of Goods and Supply of Services Act",its there to protect you so my advice to you is use it!!

And if they make you go to the hassle of Small Claims, the judge will order a full refund

krudler

Yellowledbetter wrote: »

Best of luck with it man. Myself and a few others on here have had luck getting replacements by using the "Sale of Goods and Supply of Services Act",its there to protect you so my advice to you is use it!!

so whats my ammo here? should be of workable quality for longer than 22 months use? gonna do some digging around later, will ring the place I bought it, ask them what they're willing to do and if its a case of though luck then I'll be using said goods act. I just want a working ps3, dont care if its the slim or phat one, actually I'd probably be better off with a slim going by the stories about phat ones dying on here.

Rurbs

Hey reading through this thread, delighted with the results for some of you guys! Its given me a little hope. Was just wondering if any of you think i have any chance:

Basically I got my Ps3 at Christmas 2008 from Smyths toystore & it stopped reading discs whilst under warranty so I was able to get it replaced. However a few months ago the same problem happened again, i brought it back to Smyths again however I was told it was no longer under warranty. I emailed sony & in the response was told it'd cost €140 to have it fixed. I dropped it then really however since the release of the new Fifa im really eager to have it fixed/replaced. I don't have the receipt any more.

So do you guys think iv any hope of having it replaced? What do you recommend i do? Would really appreciate any advice,cheers.

F1ngers

Rurbs wrote: »

Hey reading through this thread, delighted with the results for some of you guys! Its given me a little hope. Was just wondering if any of you think i have any chance:

Basically I got my Ps3 at Christmas 2008 from Smyths toystore & it stopped reading discs whilst under warranty so I was able to get it replaced. However a few months ago the same problem happened again, i brought it back to Smyths again however I was told it was no longer under warranty. I emailed sony & in the response was told it'd cost €140 to have it fixed. I dropped it then really however since the release of the new Fifa im really eager to have it fixed/replaced. I don't have the receipt any more.

So do you guys think iv any hope of having it replaced? What do you recommend i do? Would really appreciate any advice,cheers.

First off, you need proof of purchase(Smyths could claim you bought it elsewhere).
Did you pay by credit card?

Rurbs

F1ngers wrote: »

First off, you need proof of purchase(Smyths could claim you bought it elsewhere).
Did you pay by credit card?

Eh im not sure it was a christmas present, but I'd imagine it was paid for by credit card. If I can prove i bought it there do you reckon iv a chance?

Retr0gamer

Rurbs wrote: »

Eh im not sure it was a christmas present, but I'd imagine it was paid for by credit card. If I can prove i bought it there do you reckon iv a chance?

If you can prove you bought it then you can use the sale of goods act which states that the product should be of merchantible quality and argue that a 500 euro console dying after a couple of months isn't merchantible quality.

krudler

emailed sony about my ps3 drive dying, here's the response:

SCEE offers the industry standard one years warranty from date of purchase, the terms of which are laid out in your instruction manual (terms include - valid proof of purchase, serial number sticker in tact, unit maintained as per product instructions, unit not physically damaged). The replacement is with a re-manufactured unit. These units are of high quality, are broken down, completely overhauled, rebuilt to a recognised quality standard. They go through the same quality checks as new units and each are received functionally and cosmetically as new. If a console is Out of Warranty, a fee of €120 applies for the replacement. This charge reflects the actual cost of repairing a unit to the high standard we apply and the repair cost encompasses cost of parts, labour, post & packaging, administration and VAT.

The main focus of the EU directive is on consumer's statutory 'warranty' rights against the retailer ie the consumer's right to have a product which is not defective at the date of purchase by the consumer, and the right to have a remedy from the retailer. So these rights and remedies are under the contract of sale between the retailer and the consumer. If you would like to discuss this further you would need to contact Gamestop as your contract of sale is with them.

I hope this helps.

Kind Regards,

PlayStation Team
PlayStation Careline: 0818365065 (National Rate)
Sony Computer Entertainment Ireland Limited

so am gonna forward that same email to Gamestop, or print it off and go into the store I bought it from and see what they say.

krudler

right, so went into gamestop today and told em the story, I work in customer care so I know well that people who politely explain an issue tend to have a much easier time getting something sorted than someone who comes in roaring and threatening Joe Duffy, so the manager guy was polite and gave me their options, which are either a refurb from sony which would be 120 quid or to try get it repaired independantly, neither are going to happen tbh, so I'm getting back to sony and giving them some examples and letting them know that small claims will be the next step.

RangeR

krudler wrote: »

right, so went into gamestop today and told em the story, I work in customer care so I know well that people who politely explain an issue tend to have a much easier time getting something sorted than someone who comes in roaring and threatening Joe Duffy, so the manager guy was polite and gave me their options, which are either a refurb from sony which would be 120 quid or to try get it repaired independantly, neither are going to happen tbh, so I'm getting back to sony and giving them some examples and letting them know that small claims will be the next step.

You won't get anywhere with Sony. Your contract is with the retailer. Telling Sony about SCC won't make a difference to the outcome.

krudler

RangeR wrote: »

You won't get anywhere with Sony. Your contract is with the retailer. Telling Sony about SCC won't make a difference to the outcome.

hmm seems that is the case, right, will let gamestop head office get back to me and take it from there, I had look in hmv and they have a 160gb slim with arkham city for 219, but I already own arkham, I asked if I could trade the copy I currently own against it and they said yeah, so I'd get it for 190, which is only 70 more than sony are asking for a refurb model, gah I just want a ps3 for uncharted on tuesday!

Varik

krudler wrote: »

so I'm getting back to sony and giving them some examples and letting them know that small claims will be the next step.

Are you getting on to tell sony about the shops response and then taking the shop to the scc?

Or are you planning on taking sony to scc?

johnny_adidas

No chance of this being sorted by tuesday

- get a letter off to retailer head office.

- if you dont get a satisfactory reply, make a claim through SCC against retailer (€15)

- hope that they respond favourably or not at all

- in no response within a time agreed with the registrar, ask for a court order against them for the amount

- if they decide to contest it, you may be waiting a long time for a court date to come around

krudler

johnny_adidas wrote: »

No chance of this being sorted by tuesday

- get a letter off to retailer head office.

- if you dont get a satisfactory reply, make a claim through SCC against retailer (€15)

- hope that they respond favourably or not at all

- in no response within a time agreed with the registrar, ask for a court order against them for the amount

- if they decide to contest it, you may be waiting a long time for a court date to come around

yeah that was just wishful thinking lol, at this rate, I use my ps3 as my bluray and dvd player as well, have a 360 but its a sh1te media player the ps3 is much faster and easier to use

krudler

still no word back grom gamestop, 48hrs my hole,sent them another mail there saying I'll be filing a claim

Slick50

krudler wrote: »

still no word back grom gamestop, 48hrs my hole,sent them another mail there saying I'll be filing a claim

This is part of the game, there are certain steps you have to go through before you can lodge a claim to have any chance of success. I don't think gamestop have actually let it go as far as a court hearing yet though. Stick with it, and good luck.

krudler

Slick50 wrote: »

This is part of the game, there are certain steps you have to go through before you can lodge a claim to have any chance of success. I don't think gamestop have actually let it go as far as a court hearing yet though. Stick with it, and good luck.

they finally emailed me back asking for the reference number on the reciept to follow up, thats a start at least.

I did replace my ps3 yesterday (couldnt go without Uncharted!), traded in a bunch of crap to hmv and got a 160gb slim for 103 euro, not the worst, will still follow it up with gamestop though, can easily get rid of it if they give me a replacement.

krudler

got an email there, replacement console waiting in store for me, yay, I shoulda waited a cuople of days, d'oh! I know a relative who wants one for their kid for xmas so will give it to them for a lot less than they would have paid in store for it.

still though, fair play gamestop, sorted in 2 emails.

norrie rugger

krudler wrote: »

got an email there, replacement console waiting in store for me, yay, I shoulda waited a cuople of days, d'oh! I know a relative who wants one for their kid for xmas so will give it to them for a lot less than they would have paid in store for it.

still though, fair play gamestop, sorted in 2 emails.

I would say more to do with you getting a SCC reference number. They know that they will lose by now I imagine

Retr0gamer

Yep, thanks to the good work by everyone here.