ps3 and small claims court

krudler

Retr0gamer wrote: »

Yep, thanks to the good work by everyone here.

this really, I woulda just cut my losses and bought a new one full price if I hadnt seen this thread, people really should dig into these things more

Footy77

Hi

well this thread is very interesting. I am in the UK and currently taking GAME to the SC court. I have a date early next year, but mean time i have a mediation date i am wating for.

My 60gb got the YLOD as the PSN came back on line in May 2011. I contacted GAME who told me on the phone to take them to court.

After all the official letter backwards and forwards I applied to the court who have agreed there is a case to be answered.

It was interesting to read that some of you got to the SC court, as I thought I was the only one who got that far.

One interesting thing about my claim is that GAME will not akwnowledge the fault report at all.

GAME also state that as I brought my consol in November 2007 I have enjoyed reasonable usuage for over 3 years.

I am also taking my Credit Card company to court as i paid part card and part cash and under the Consumer credit Act they are jointly liable.

The CC company aknowledged the report and awknowledged there was a manufacturing fault but told me that over usage can cause the console to overheat (as the fault report stated that when the PS3 is under stress, such as a big download/update or over use can cause the console to fail due to the leadless solder etc..)

I contacted Sony who confirmed I only used/logged onto the PSN 4 times between 1/1/2011 and 31/3/2011, then the PSN went down, then my console packed in.

I am also claiming for my blackops disc that is stuck in the console.

johnny_adidas

I bookmarked a quote from Sony Europe boss but cant find it now, this is similar to it and contains the quote which may be of use to you http://www.computerandvideogames.com/307428/ps3-will-last-a-minimum-of-10-years-sony/ .
Basically if things went to court my three main points would be
1. I bought the console on the premise of a minimum 10 year lifespan so 3 was nowhere near reasonable.
2. 3 years is not reasonable usage for a console costing €500 especially as my previous generations of console still work to this day (which in my case anyway had multiples of hours more usage than my ps3)
3. The console was never mistreated in any way or used for any purpose other than it was designed for, indeed some of premium features had been removed without a claim being made on my part.

Varik

johnny_adidas wrote: »

Basically if things went to court my three main points would be
1. I bought the console on the premise of a minimum 10 year lifespan so 3 was nowhere near reasonable.

The time frame stated is not the lifetime to be expected for a particular piece of hardware, it's the time until they stop or severely limit support(games and console production).

johnny_adidas wrote: »

2. 3 years is not reasonable usage for a console costing €500 especially as my previous generations of console still work to this day (which in my case anyway had multiples of hours more usage than my ps3)

Your only valid point and even with good reasons to why current gen console do not last as long compare to older one they can be argued to not be fit for purpose, this will be the only point that can lead to a favourable outcome for you.

johnny_adidas wrote: »

3. The console was never mistreated in any way or used for any purpose other than it was designed for, indeed some of premium features had been removed without a claim being made on my part.

You bought the console off a retailer and then updated it software by choice from Sony and the contract for the console was between you and the shop, the firmware change was then by your choice with a third party (Sony).

Krusader

Footy77 wrote: »

I am also claiming for my blackops disc that is stuck in the console.

Hold your finger on the eject button, then switch the power switch at the back on and you should get your disc back

Retr0gamer

Varik wrote: »

You bought the console off a retailer and then updated it software by choice from Sony and the contract for the console was between you and the shop, the firmware change was then by your choice with a third party (Sony).

If the console isn't capable of preforming a simple firmware update without bricking then it's a fault with the console and not fit for the purpose it's intended for.

Varik

johnny_adidas wrote: »

3. The console was never mistreated in any way or used for any purpose other than it was designed for, indeed some of premium features had been removed without a claim being made on my part.

Retr0gamer wrote: »

If the console isn't capable of preforming a simple firmware update without bricking then it's a fault with the console and not fit for the purpose it's intended for.

I was not speaking of it bricking during an update, i was responding to the comment of features being removed by updates and this being a choice done with an other party not the shop..

Footy77

Crosáidí wrote: »

Hold your finger on the eject button, then switch the power switch at the back on and you should get your disc back

Thanks for the tip but unfortunatly and weirdly that mechanism was not installed in the 60gb console.

Footy77

Varik wrote: »

The time frame stated is not the lifetime to be expected for a particular piece of hardware, it's the time until they stop or severely limit support(games and console production).

That quote can be interpreted in two ways. The judge can decide the correct interpretation. It could be classed as misleading.

Varik wrote: »

Your only valid point and even with good reasons to why current gen console do not last as long compare to older one they can be argued to not be fit for purpose, this will be the only point that can lead to a favourable outcome for you.

I agree and will be using this point

Varik wrote: »

You bought the console off a retailer and then updated it software by choice from Sony and the contract for the console was between you and the shop, the firmware change was then by your choice with a third party (Sony).

You dont have a choice but to update. failing to update the console means certain games wont work nor will certain software on the PS3.

J. Marston

I don't want to make a new thread just for this so I'll just ask here and hope for an answer.

I bought my PS3 five months ago (30/5/11 to be exact) but last night it stopped playing DVD's. Well, it would play them for 10-15 minutes before they start to skip and eventually freeze. I tried a few different DVD's, the same happened to all of them. Some wouldn't even play.

Anyway, I tried it again today and nothing had changed. So, I rang Sony. The guy told me to do a full format (9 fecking hours!) and then bring the console and the receipt, which I have, and a reference number that he gave me, to the retailer that I bought it from (Xtravision). He said that they would give me a new one. Does this sound right? Anyone had a similar experience?

Also, I keep the PS3 in a well-ventilated area and it doesn't get over-played at all so I can't imagine it would be heat-damage or wear and tear.

Thanks.

F1ngers

J. Marston wrote: »

I don't want to make a new thread just for this so I'll just ask here and hope for an answer.

I bought my PS3 five months ago (30/5/11 to be exact) but last night it stopped playing DVD's. Well, it would play them for 10-15 minutes before they start to skip and eventually freeze. I tried a few different DVD's, the same happened to all of them. Some wouldn't even play.

Anyway, I tried it again today and nothing had changed. So, I rang Sony. The guy told me to do a full format (9 fecking hours!) and then bring the console and the receipt, which I have, and a reference number that he gave me, to the retailer that I bought it from (Xtravision). He said that they would give me a new one. Does this sound right? Anyone had a similar experience?

Also, I keep the PS3 in a well-ventilated area and it doesn't get over-played at all so I can't imagine it would be heat-damage or wear and tear.

Thanks.

Sounds about right.
Although, I wouldn't have bothered ringing Sony and would have went straight to the retailer.

J. Marston

F1ngers wrote: »

Sounds about right.
Although, I wouldn't have bothered ringing Sony and would have went straight to the retailer.

Cheers for the reply, so is that reference number that the Sony rep gave me not really important at all then?

F1ngers

J. Marston wrote: »

Cheers for the reply, so is that reference number that the Sony rep gave me not really important at all then?

It is handy, give it in to shop, walk out with a new PS3.

However, after only 5 months use, I would have expected a new console from the retailer without a ref. number from Sony.

J. Marston

Went in today with it and the person behind the counter tried to say that they thought it was a refurb and they would have to send it away and it would take a few weeks.
I told them that the Sony customer care rep said the retailer will exchange it straight away for a new PS3. That brought on a bout of umming and ahhing, trying to ring someone and eventually saying ''Oh, we don't have that model in stock. They're flying off the shelves. They'll be in Thursday.''

I better not be left without a PS3 over Christmas. Fúcking Xtravision.

Slick50

Footy77 wrote: »

Thanks for the tip but unfortunatly and weirdly that mechanism was not installed in the 60gb console.

This worked on my YLOD'd 60gb console, if it doesn't work it is probably due to the level of damage caused by the over heating.

If you do go to court, the main points that seemed to influence the judge in my case were...
that the console did not last as long as it was reasonable to expect, ie not durable as required by the sale of goods act.

That they would not repair "my console" for "me", they wanted me to pay for somebody else's repaired console.

I did not get into trying to explain why my console stopped working. I told the judge I did not know why, as I was prevented from opening the console under the terms of warranty, and that I would have no case if I had broken the security seal, which he also accepted. Best of luck.




Congrats krudler

J. Marston

Xtravision rang me to tell me that I won't be getting a new PS3, I'll be getting a refurbished one. Yet the Sony customer care rep said the retailer will swap for a new one straight away.

Apparently, Xtravision rang ''Dublin'' and they said they only do refurbs for the 160gb model. Anyone know who is right, Xtravision and Dublin or the customer care rep?

RangeR

J. Marston wrote: »

Xtravision rang me to tell me that I won't be getting a new PS3, I'll be getting a refurbished one. Yet the Sony customer care rep said the retailer will swap for a new one straight away.

Apparently, Xtravision rang ''Dublin'' and they said they only do refurbs for the 160gb model. Anyone know who is right, Xtravision and Dublin or the customer care rep?

Your contract is with Xtravision. It's not unheard of for retailers to offer unsatisfactory options in the hope that the customer just accepts and goes away.

If you are not happy with a refurb, yo will have to fight for it.

EDIT : If Sony want to give you a new one, that's fine. But they cannot compel the retailer to comply.

J. Marston

How reliable are these refurbs anyway? I'm assuming it's just a defective PS3 that someone sent in, Sony patch it up and hand it out to you.

Le King

J. Marston wrote: »

How reliable are these refurbs anyway? I'm assuming it's just a defective PS3 that someone sent in, Sony patch it up and hand it out to you.

Yeah, don't accept it. I wouldn't leave the shop without a new one.

norrie rugger

J. Marston wrote: »

Xtravision rang me to tell me that I won't be getting a new PS3, I'll be getting a refurbished one. Yet the Sony customer care rep said the retailer will swap for a new one straight away.

Apparently, Xtravision rang ''Dublin'' and they said they only do refurbs for the 160gb model. Anyone know who is right, Xtravision and Dublin or the customer care rep?

A refurb is not a replacement, for a new console that you bought.
It is a console that has already failed, with no guarantee that there is not something else wrong with it. Fight it

J. Marston

So I just got the number for Dublin from Xtravision, I rang them and they said that they only do refurbs. I told them that the Sony customer care rep told me that I should get a new console to replace my faulty one. But then the girl on the phone from Dublin said that I was given wrong information (that's handy...).

Not really sure what to do now.

I know one thing, I'm never going near Xtravision again after this is over.

iMuse

My launch PS3 died just outside of warranty and xtravision refused to replace it ( this was before YLOD was a common thing) but eventually after persistence I got a brand new PS3 from xtravision. Never spent a cent in there since after how shocking their service was. Keep at them to get a new ps3, 5 months is a bit ridiculous for it to break but a friend got a refurb which lasted an hour before YLOD hit again. The refurbs can be very hit and miss.

J. Marston

Not sure how to keep at them though. Xtravision say they only refurb the 160gb models, the crowd in Dublin say the same, it's their policy, blah blah....

I rang Sony customer care rep again and a different guy said it's each retailers policy. Some will give a new one, some will refurb. 5 months though, fecking bullshít .

norrie rugger

J. Marston wrote: »

Not sure how to keep at them though. Xtravision say they only refurb the 160gb models, the crowd in Dublin say the same, it's their policy, blah blah....

I rang Sony customer care rep again and a different guy said it's each retailers policy. Some will give a new one, some will refurb. 5 months though, fecking bullshít .

You have a console under warranty so tell them to repair it, replace it (with a new model) or to give you a refund.
You can then threaten them with small claims court, there are several of us here that won our respective cases

J. Marston

I could definitely get a refund, yeah? I'm not too fond of the idea of a refurb, to be honest. Been reading about them on other forums and people don't place a lot of faith in them. Of course, Xtravision and Sony have told that the refurbs are just as good as a new console.

I appreciate all the answers for my questions too, cheers.

robfowler78

You have some rights as it is in warranty. Try telling them you will except a repair of your console or a refund not a refurb. Take note of your serial number. Persist with them i went through 5 xbox consoles at launch before they finally swapped it for a ps3(xtravision that is).

Slick50

J. Marston wrote: »

I could definitely get a refund, yeah? I'm not too fond of the idea of a refurb, to be honest. Been reading about them on other forums and people don't place a lot of faith in them. Of course, Xtravision and Sony have told that the refurbs are just as good as a new console.

I appreciate all the answers for my questions too, cheers.

Do not let them fob you off with a refurb, guys have been given new machines from xtravision for consoles well outside of sony's warranty.
Make a written complaint to head office, pointing out your circumstances, (ie. that your console is still with in warranty, and that if they want you to accept a repair, you expect your console to be repaired and returned to you) let them know you are aware of your rights under the sale of goods and supply of services act 1980.
Keep a record of all correspondance, incase you need it later. Contact sony again in writing too so that you have a record of their responses too. If worst comes to worst you have the smsll claims court to fall back on. I'm sure xtravision will sort this out without letting it go to court, though it may take contact from the court clerk to make them move on this.
Good luck with it

Manc Red

For what it's worth. Refurbs actually seem ok. I know someone who got one while his PS3 died back around 2008, I had just bought a new one as well. His still works to this day, my ps3 doesn't lol.

J. Marston

Slick50 wrote: »

Do not let them fob you off with a refurb, guys have been given new machines from xtravision for consoles well outside of sony's warranty.
Make a written complaint to head office, pointing out your circumstances, (ie. that your console is still with in warranty, and that if they want you to accept a repair, you expect your console to be repaired and returned to you) let them know you are aware of your rights under the sale of goods and supply of services act 1980.
Keep a record of all correspondance, incase you need it later. Contact sony again in writing too so that you have a record of their responses too. If worst comes to worst you have the smsll claims court to fall back on. I'm sure xtravision will sort this out without letting it go to court, though it may take contact from the court clerk to make them move on this.
Good luck with it

Good to know, thanks for the info. Will look into it. Mainly because Xtravision have rightly pissed me off and I want to make it awkward for them.
Thankfully my PS3 still plays games so I'm not missing out on this period of the year where loads of titles are coming out.

Cheers again for the help lads.

Manc Red

Called Xtravision and asked what I could do. They said I could get a refurb but they didn't have any in stock at the moment so they are giving me the latest 160 model for 120 Euro as long as I give the old PS3 back.

Very miffed that I will lose my saves but there's a plethora of games I was intending to get anyway. :cool: