ps3 and small claims court

Retr0gamer

The irish cases here are covered by irish consumer law. UK ones would be covered by EU and UK consumer law. Irish consumer law supersedes the EU consumer law because it's more favourable to the consumer so you might not be able to use the case references here are an authority but you can maybe present them as evidence that something is up and that the console should last longer than 3 years. Read over the thread here and present all the evidence that other people that went to court presented.

As far as I can tell most companies either folded when they got the small claims letter or sent a representative to the court from the company but stopped doing this when they started losing every case. Game seem to fold at the sight of small claim letter but it might be different in the UK.

I'd check the EU and UK consumer law and what it states because the UK consumer law might give better terms than the EU one.

Slick50

RetrOgamer, viclemronny has posted a concise synopsis of the steps to take for anyone having problems getting a fair response from their retailers. How about making it a sticky, and maybe adding a few relavent references from this thread, for anyone that finds themselves heading to the small claims court. It would save a lot of people a lot of hassle reading back over an awfull lot of posts, many incorrect and irrelevant. Also a lot of rehashing of information.

This thread started as a question, (by Messi19, thanks) I think that question has been answered.

CashMoney

CashMoney wrote: »

I too would like to know this. I bought a PS3 about 3 years ago in HMV and it now has blueray and game reading issues which looks like the laser issues that a lot of people seem to be getting. Have I any comback now or should I just go and buy an xbox because I'm fucked if I'm buying another PS3 after this....

Sorry guys but this thread is 50 pages long. Can someone even give me a one liner, either a) forget about it b)fight the power

Cheers.

Retr0gamer

Well I can't do that because I'm not the moderator here Also we are only allowed 3 stickies per forum due to it not looking nice for mobile users.

Retr0gamer

CashMoney wrote: »

Sorry guys but this thread is 50 pages long. Can someone even give me a one liner, either a) forget about it b)fight the power

Cheers.

Go for it as long as you have proof of purchase.

.G.

Hello All.

I posted a while back that my launch 60GB had died last April.No joy from the retailer,Komplett,so had to file with the SCC.

Got my date this morning for Jan 16th.Just wondering if anybody who has got to the court stage of things has any advice to offer in what I should be saying or how I should be presenting my case I'd appreciate it.Any info that proved helpful in your own cases that I might be able to use,by PM if you wish.

Would also like to get an idea of how the land lies theses days with retailers,are they all still steadfastly refusing to co-operate with sale of goods act claims or have some now accepted that it is there duty to offer the the 3 R's to out of warranty console owners?

Thanks for any help.

Retr0gamer

A lot of them are just accepting, however I'm not sure komplett have been brought up yet. Read through this thread, some people that have gone through the small claims court have writen what defence they used and also it will be worth quoting these cases as well to show that people have won them.

.G.

Retr0gamer wrote: »

A lot of them are just accepting, however I'm not sure komplett have been brought up yet. Read through this thread, some people that have gone through the small claims court have writen what defence they used and also it will be worth quoting these cases as well to show that people have won them.

Oh I read through it last year when this came up for me,don't fancy doing it again its quite big:D

The bit in bold is defo what I would like to do,make reference to cases that have already been won in court as well as pointing out other retailers change in attitude since those cases.That's why I'd like those who got to that stage to PM me anything they feel is relevant,where/when and case numbers if possible.

Slick50 has put up a good bit of detail about his case which is very helpful

.G.

Well I've re-read the thread,my case is prepared and i'm off to court on Monday.

Lets hope for a good outcome

Retr0gamer

Good luck, let us knowhow you get on.

Atomicjuicer

May the force be with you superg!

Strangegravy

Good luck with it!

Slick50

good luck superg

wcarey1975

Good luck superg

whiterebel

Good luck. Don't let the f***kers grind you down!!!:D

.G.

Thanks chaps.:D

Messi19

Best of luck superg, seems to have been a fair while since somebody has been taken this far.

Let us know how you get on and more importantly, stick it to them!

.G.

A quick question for those who got to court level.

Did you bring the PS3 with you on the day?

Thanks

Slick50

superg wrote: »

A quick question for those who got to court level.

Did you bring the PS3 with you on the day?

Thanks

No, it is basically accepted that each side is telling the truth under oath. The judge is effectively ruling on whether the console has given you value for money, ie. been as durable as is reasonable to expect. Good luck.

norrie rugger

superg wrote: »

A quick question for those who got to court level.

Did you bring the PS3 with you on the day?

Thanks

Nope

.G.

The retailer didn't turn up so I won by default will post more when I can, Don't want to jinx the outcome cos the retailer has been less than accommodating so far and I fear this won't be the end of the matter.

maximoose

Good stuff, hope it works out and that's the end of it!

Slick50

superg wrote: »

The retailer didn't turn up so I won by default will post more when I can, Don't want to jinx the outcome cos the retailer has been less than accommodating so far and I fear this won't be the end of the matter.

A win is a win, delighted. You will get a copy of the court ruling in the post, and so will they. They are allowed 14 days (I think) to lodge an appeal. If they have ignored it this far, they are not likely to do that. If they do not honour the court ruling, you can get the local sheriff to collect payment for you. You will get more information with your court ruling about this.

.G.

Slick50 wrote: »

A win is a win, delighted. You will get a copy of the court ruling in the post, and so will they. They are allowed 14 days (I think) to lodge an appeal. If they have ignored it this far, they are not likely to do that. If they do not honour the court ruling, you can get the local sheriff to collect payment for you. You will get more information with your court ruling about this.

I had wondered that since they didn't bother contesting the case would they be allowed to appeal the ruling given there was only one possible outcome once they didn't turn up?

Retr0gamer

superg wrote: »

I had wondered that since they didn't bother contesting the case would they be allowed to appeal the ruling given there was only one possible outcome once they didn't turn up?

The retailers haven't turned up to these cases in a long time. I think they realise that since they lost the first few cases that there's no point in turning up since they will lose based on how previous cases went. They just make it as tough as possible for the customer in the hopes they will drop it. You'll get the refund pretty quickly more than likely, they'll be prompt about it, but if you don't you can get the local sheriff to collect. So you've won and they can't appeal since they didn't bother turning up, there's been no cases of an appeal from retailers yet.

.G.

Retr0gamer wrote: »

The retailers haven't turned up to these cases in a long time. I think they realise that since they lost the first few cases that there's no point in turning up since they will lose based on how previous cases went. They just make it as tough as possible for the customer in the hopes they will drop it. You'll get the refund pretty quickly more than likely, they'll be prompt about it, but if you don't you can get the local sheriff to collect. So you've won and they can't appeal since they didn't bother turning up, there's been no cases of an appeal from retailers yet.

Hope your right.This was the first time this particular retailer was brought through the process for this that we know of anyway.There was another case listed against them today which was struck out cos the claimant didn't turn up either

RangeR

superg wrote: »

This was the first time this particular retailer was brought through the process for this that we know of anyway.

It probably costs the store more to turn up [in lost productivity etc] than the pay

Flaccus

superg wrote: »

Hope your right.This was the first time this particular retailer was brought through the process for this that we know of anyway.There was another case listed against them today which was struck out cos the claimant didn't turn up either

The retailer only has 3 choices usually in these SCC cases - accept liability, challenge, or ignore. They have to notify the registrar of their intentions within 15 days of receiving notice of a claim. It sounds like they may have went for the ignore option or they replied and didn't bother showing up. In this case, it's deemed the same as admitting liability. The claimant will usually have to sign an avidavitt of debt, and apply to have a judgement and decree issued by the court. The retailer then has 28 days to make good, once they receive the judgement. If they do not, the claimant can file with the sheriff (for a fee), and if the sheriff is successful in recovering what's owed, the claimant will have the fee refunded.

Slick50

Flaccus wrote: »

The retailer only has 3 choices usually in these SCC cases - accept liability, challenge, or ignore. They have to notify the registrar of their intentions within 15 days of receiving notice of a claim. It sounds like they may have went for the ignore option or they replied and didn't bother showing up.

You will only be called to sign an affidavit if the retailer completely ignores the notice. The fact that a court date was set, means the retailer responded with the intention of contesting the claim. (or at least give that impression to scare off the claimant, which seems to have worked in the other case)

Either way, it won't be long now superg.

.G.

They paid up.

Judge had ordered a refund of €475 based on the fact that I had had some use from the machine.I was looking for the full amount back since they let it go as far as the courtroom and wasted everyone's time in the process.It was good for me though cos the court was packed and I was first up to give evidence which was nerveracking enough without having to argue with them at the same time:D

Anyway delighted with the result.I had already replaced the PS3 for a 320GB slim with a game for €310 last April so I have a new PS3 for free and some money on top.Throughout the whole process I heard nothing from them aside from the initial phonecall in response to my complaint which basically told me to do one.Once the judgement was made I got an email arranging payment.