ps3 and small claims court

unkymo

noodler wrote: »

Where did you buy it originally?

I bought it in a World of Wonder store in Tralee. It was the cheapest in town at the time. 470 euros with 2 games, 2 controllers. The shop closed about 8 months ago.

Anyway,I sent an e-mail to Sony telling them what happened and got this back;

Thank you for your mail. I am sorry to hear of the issue you have experienced.

The ‘flashing red light’ referred to (it’s actually a red and a blue diode illuminating at the same time) flashes to serve as a non-specific fault indicator, which can be triggered in a range of different circumstances. It is in no way a manufacturing defect.

The procedure we run in Ireland is that an exchange is obtained through your retailer. Sony Computer Entertainment offers an industry standard 12 month warranty from the date of purchase. Your receipt is your proof of warranty. If your console should find manufacture fault within this time we will exchange your console free of charge for a remanufactured unit of the same model type. This is explained in your manual.

These units are of high quality with all major components replaced with new and a new casing. They go through the same stringent quality checks as a new console. This goes beyond what most companies are prepared to offer.

If your console should become faulty outside of the 12 month warranty period, you do not hold your receipt or there is physical damage to the console, we can still offer you an exchange for an out of warranty fee of approximately €160.00 (This fee may differ depending on your retailer) and your replacement will hold a 3 month warranty.

If there is a disc stuck in the console please try the following process to release the disc:
Ensure the console is switched off.
While holding the eject button on the front of the PS3, turn the console on using the main power switch at the back of the unit – the disc should then eject from the unit.

The procedure will not work if there is a power problem with the console.
If you cannot retrieve the trapped disc please sticker the console clearly with full contact details so that we may return it when it is received back from the repair centre in the UK. Please note this can take 7 weeks. Please email the below address with the name of the game and return address also;
Email: Support@ie.playstation.com

Your exchange is obtained at your retailer. Please return to your retailer with your console, original hard drive and a member of staff at the store will happily assist you with the appropriate exchange for your current warranty status. This is the fastest way for yourself. Please do not return leads of controllers as they will not be returned.

If you have any problems at the retailer, please let us know and reply with the following details;

Full Name
Address for replacement (preferably business address. Someone will need to be present at the address from Monday- Friday to sign for replacement)
Contact Number
Console model Type (starting with CEC)
Do you hold receipt and if so what is the date on this? Receipt is required to prove warranty status
Retailer and Branch?

In regards to backing up saved data I can confirm that the “Backup Utility” should backup saved data from PlayStation 3 format software, image, music and video files and bookmarks used in conjunction with the Internet browser. However, please note that the external HDD must be formatted in the FAT32 file system in order for it to be recognised by the PlayStation 3 system. Also some copy-protected data and some game save files may not be restored or usable. Any thing you have downloaded from the PlayStation network can be re-downloaded for free using your PSN account.

For full details please refer to your Safety & Support manual or use the following link: http://manuals.playstation.net/document/en/ps3/current/settings/backuputility.html

I trust that this information is useful, however, should you have any further queries, please contact the PlayStation Support on 0818 365 065 (National Rate) where a member of our team will be happy to assist you.


Kindest Regards,


Playstation Ireland
Customer Service Team
www.scee.com



Any thoughts on what I should do next would be appreciated as I'm not paying 160 euros to get it fixed!

smuglas

jasonorr wrote: »

Should they not have to reimburse the difference?

I would have thought that the retailer (HMV) would only be compelled to provide an acceptable replacement. And since they replaced my faulty machine with one of a higher spec. I could hardly have cause for complaint. The 80 gig cost me €349 when I bought it so I think the new one is only 50 quid cheaper anyway.

Anyway, it was all sorted out within a day (after a few phone calls of course).

alastair

unkymo wrote: »

Do you hold receipt and if so what is the date on this? Receipt is required to prove warranty status[/SIZE][/font]

Interestingly the actual warranty from Sony stipulates that a credit card statement will also act as proof of warranty. I confirmed this with them when I sent my PS3 back with it's own YLOD recently.

I love the worming out of product liability with the YLOD comment: "It is in no way a manufacturing defect." Nope - but it might well point to an underlying manufacturing defect. A catch-all warning indicator it might be, but the reality that many YLOD consoles can be 'cured' by re-flowing the GPU board solder, smacks of the sort of 'manufacturing defect' that any small claims court would be all too familiar with.

johnny_adidas

have this horrible feeling my blu-ray drive may be about go.

will be watching this with a lot more interest now

60GB model also which i got when they were discontinued (prob 1yr after launch??)finishing off last 2 speedruns on mirrors edge, so a lot of stop and start play, restarting level etc. failed to load part of a level for a couple of seconds, then failed to load the next section. have swapped over to an old game disc for testing now. but it had been making funny noises during ME which may have been its struggling before it goes completely. not happy, cant even play my GOW collection which arrived today for fear of it being swallowed.

Yellowledbetter

Ah lads my nerves are shot reading through this thread,Ive a launch day 60GB and i sh!t myself everytime i turn it on for fear of it kicking the bucket!

Messi19

johnny_adidas wrote: »

have this horrible feeling my blu-ray drive may be about go.

will be watching this with a lot more interest now

60GB model also which i got when they were discontinued (prob 1yr after launch??)finishing off last 2 speedruns on mirrors edge, so a lot of stop and start play, restarting level etc. failed to load part of a level for a couple of seconds, then failed to load the next section. have swapped over to an old game disc for testing now. but it had been making funny noises during ME which may have been its struggling before it goes completely. not happy, cant even play my GOW collection which arrived today for fear of it being swallowed.

Even if the drive goes you'll still be able to get the game out. Just so long as its not the ylod

johnny_adidas

what a username, i wouldnt be brave enough for that . couldnt hold off and have been playing gow since, running fine so maybe its just M.E. (ps wasnt gona bother getting GOW collection until 3 came out but so glad i did now as i hadnt played 1 originally)

chris1970

my 60 gb bought oct 07 packed in last night,code 80029941, freezeing after 15 min with film ,wont load games either now,, got very hot aswell, fans were loud before screen freeze, very little gaming use , blu-ray once a week average, pi$$ed off big time, smell a rat big time, only updated it 3 days ago, faulty good for sure

Messi19

Just another quick update. The claim has been served on the respondant and i'm awaiting the response

Vorrtexx

I came across this the other day. It might be worth having a read to see what kind of process this guy went through when he took Sony to court in New Zealand over the same thing. Obviously they'll have different consumer rights than us here but he did win.


http://we-fearless-ones.blogspot.com/2009/05/playstation-3-durability-courts-ruling.html

http://we-fearless-ones.blogspot.com/2009/06/disputes-tribunal-ruling.html

Slick50

Messi19 wrote: »

Just another quick update. The claim has been served on the respondant and i'm awaiting the response

Best of luck with your claim, there will be a lot of interest in this.
My 60g "premium" PS3 just popped it's clogs, YLOD. Bought 2 1/2 years ago for 630 euros, hardly what you would expect for that kind of money. I managed to retrieve the disc by powering of at the back, then using the eject button without switching on at the front, once I had powered on at the back switch again.
Apart from all the speculation and hear say, has anybody had a satisfactory outcome with their retailers in these circumstances, I doubt it.

Paul MCM

Slick50 wrote: »

Best of luck with your claim, there will be a lot of interest in this.
My 60g "premium" PS3 just popped it's clogs, YLOD. Bought 2 1/2 years ago for 630 euros, hardly what you would expect for that kind of money. I managed to retrieve the disc by powering of at the back, then using the eject button without switching on at the front, once I had powered on at the back switch again.
Apart from all the speculation and hear say, has anybody had a satisfactory outcome with their retailers in these circumstances, I doubt it.

I rang Sony and gave out stink because it was my second PS3 in three years. They offered my a remanufactured 60gig or 160 gig for free because it was the second time it happened me. Just had to pay €15.40 for the post. I was also outside warranty. Just give out saying u spent x amount of money and it should not break after such a sort time.

Contact Sony Ireland on 017073840 or email support@ie.playstation.com

whiterebel

Paul MCM wrote: »

I rang Sony and gave out stink because it was my second PS3 in three years. They offered my a remanufactured 60gig or 160 gig for free because it was the second time it happened me. Just had to pay €15.40 for the post. I was also outside warranty. Just give out saying u spent x amount of money and it should not break after such a sort time.

Contact Sony Ireland on 017073840 or email support@ie.playstation.com

Good man. We need more to do this. If they won't play ball threaten them with Joe Duffy or Ray D'Arcy or something classy like the Irish Star.......:D

Paul MCM

If anyone has a 60 gig launch PS3 that hasnt broken yet, my advice would be to trade it in soon for a new model if you have the money.

L'prof

Paul MCM wrote: »

If anyone has a 60 gig launch PS3 that hasnt broken yet, my advice would be to trade it in soon for a new model if you have the money.

I have one but, I bought 5 year insurance with it from day one so, I think I'll be ok

Paul MCM

jasonorr wrote: »

I have one but, I bought 5 year insurance with it from day one so, I think I'll be ok

That was a good deal.

L'prof

Paul MCM wrote: »

That was a good deal.

It was smart thinking but, it hurt my pocket that day especially since it hasn't packed in...typical :rolleyes:

Paul MCM

jasonorr wrote: »

It was smart thinking but, it hurt my pocket that day especially since it hasn't packed in...typical :rolleyes:

If it was me, it would break the day after my 5 years is up.

Idleater

Paul MCM wrote: »

If it was me, it would break the day after my 5 years is up.

The day before no???

Best of luck with this OP.

Damien360

jasonorr wrote: »

I have one but, I bought 5 year insurance with it from day one so, I think I'll be ok

Is that insurance like any other normal insurance, whereby the value of the PS3 is no longer it's full purchase value but the value a 5 year old PS3 would get on secondhand purchase on a site like adverts.ie ??

I would'nt be smashing up my PS3 with 1 day left out of a 5 year insurance policy !

L'prof

Damien360 wrote: »

Is that insurance like any other normal insurance, whereby the value of the PS3 is no longer it's full purchase value but the value a 5 year old PS3 would get on secondhand purchase on a site like adverts.ie ??

I would'nt be smashing up my PS3 with 1 day left out of a 5 year insurance policy !

They either have to repair or replace it.

Slick50

Paul MCM wrote: »

If anyone has a 60 gig launch PS3 that hasnt broken yet, my advice would be to trade it in soon for a new model if you have the money.

Thanks, but what about going through the origional retailer, under the merchantable quality angle. Surely if they get enough of them back, they would have to refer to sony themselves. I don't think mine was a launch model, they had been out a while (6mnths maybe) and had allegedly sorted out unreliable blueray drives at the time.
The 60g did have some extra features like retro compatibility for some ps+ps2 games, plus built in multicard readers. But if they have too many other problems, they seem to be failing on all fronts, hard-drives, motherboards, and blueray players, I don't think they are worth repairing or accepting a rebuilt model.
Fair play to you Jasonorr, but you didn't tell us how much "pain" you paid at the time. I thought they were dear enough at the price without the extra cost.

L'prof

Slick50 wrote: »

Fair play to you Jasonorr, but you didn't tell us how much "pain" you paid at the time. I thought they were dear enough at the price without the extra cost.

I can't remember to be honest, I'd have to check but, it was worth my peace of mind.

johnny_adidas

spotted this in another thread about a broken tv but it might be worth getting on to 'tina' and see what they can do. it would also put a precedent in the public light if you got a result - http://www.rte.ie/tv/theafternoonshow/2010/0126/consumertinatackles850.html

Reganio 2

I wouldn't go anywhere near Tina's Tackle thank you very much.

Slick50

Messi19 wrote: »

Just a quick update. I'm waiting to hear from the small claims registrar as to whether it will be disputed. Hoping to hear something at some stage next week

Hi Messi19, any word from the registrar. The "respondent" is obliged to reply within 15 days, so you should hear soon. I know I'm being impatient, but I just got off the phone, listening to the bull from both sony and smyths. Aaaarggh!

Messi19

Just to update. I have just received a call to inform me that a refurbished ps3 was waiting to be collected. The retailer was most likely not willing to take the risk of going to court so I guess that it has been a success in the end. Hope anybody else with the same trouble has the same sort of success. Thanks for all the good luck's and other helpful info.

Slick50

Messi19 wrote: »

Just to update. I have just received a call to inform me that a refurbished ps3 was waiting to be collected. The retailer was most likely not willing to take the risk of going to court so I guess that it has been a success in the end. Hope anybody else with the same trouble has the same sort of success. Thanks for all the good luck's and other helpful info.

Thanks for the update, glad you eventually got a result. Seems like that is going to be the norm, holding out untill the last ,and then giving in before a legal precedent is set. Looks like I'm going to have to go that route too.
Good luck with the new machine.

tommymc

Messi19 wrote: »

Just to update. I have just received a call to inform me that a refurbished ps3 was waiting to be collected. The retailer was most likely not willing to take the risk of going to court so I guess that it has been a success in the end. Hope anybody else with the same trouble has the same sort of success. Thanks for all the good luck's and other helpful info.

Good stuff, Just remember that has to be a permanent fix/repair, If that one breaks down within an unreasonable time, back you go.

Looks like Im heading to the small claims myself, My Launch model suffered ylod last week and my retailer just laughed in my face. I wont settle for anything less than a full refund. €640. Then I will buy a slim. Ive sent my ps3 to an engineer for a report to see if it is a manafacturing problem. Since mine is a Launch model I expect to see a flood of people come forward in the next few months.

noodler

tommymc wrote: »

Good stuff, Just remember that has to be a permanent fix/repair, If that one breaks down within an unreasonable time, back you go.

Looks like Im heading to the small claims myself, My Launch model suffered ylod last week and my retailer just laughed in my face. I wont settle for anything less than a full refund. €640. Then I will buy a slim. Ive sent my ps3 to an engineer for a report to see if it is a manafacturing problem. Since mine is a Launch model I expect to see a flood of people come forward in the next few months.

I am sorry but then you are just greedy. So you get three years of use and then you get your money back as well so you can make a profit?

If, and it is a big if, you get a refurb then you will be lucky.

I'm all for consumer rights but lets not start taking the piss.