Console Ban 3-9-11 (Mod Warning Post #755)

Jackobyte

NORTH1 wrote: »

And what would be my reason for doing that? apart from illegally returning an item I knew to be not fit for purpose, it would be a pretty ****ty thing to do to the next person that buys it.....would you not agree?

They defo wouldn't resell it to someone else, and even if they did, that person would be entitled to the same right and could return it as well. What is illegal about it? You bought it, it is not fit for purpose (won't play online). Failure to mention ban may run you into some legal problems though. If it is true that the ban is a mistake, then there is no reason returning it would be illegal. I'd still use this as a last resort though.

KerranJast wrote: »

The device is fit for purpose. He can still install and play games on it which is its primary purpose. He can no longer access an ancillary service which is separate from the device itself so I doubt that constitutes a fault.

It all depends on the packaging on his device. If the package mentions the ability to play online anyware, then it is marketed as an online capable device and is no longer fit for purpose. (I am open to correction on this).

.E_C_K_S.

justryan wrote: »

I'm just about to unfollow this thread, OP I suggested this multiple times on the thread but can you try create another XBL account as I think this was a GT ban only.

He has said it was a consol ban, complete with consol ban message and therefore cannot create a new account on the Xbox.

OP, I would now wait for some sort of statement from MS. The video I posted showed that it has happened to many others and it could explain the lack of response on the forums. Microsoft are probably gathering all information on the case if they mucked up.

RGDATA!

XG4M3M45T3RX wrote: »

I do believe customers do deserve to get a brief discription as to why the ban happened, but they do not ban consoles for the sake of it!

without the former there is NO REASON WHATSOEVER to be completely confident of the latter.

pH

justryan wrote: »

I'm just about to unfollow this thread, OP I suggested this multiple times on the thread but can you try create another XBL account as I think this was a GT ban only.

He's answered that here

Very clearly a CONSOLE ban.

If the seal is intact and the son's GT not banned and the OP telling the truth, it's hard to see what the son could have done to get that console banned.

Healium

Jackobyte wrote: »

They defo wouldn't resell it to someone else, and even if they did, that person would be entitled to the same right and could return it as well. What is illegal about it? You bought it, it is not fit for purpose (won't play online).

That's not an excuse. Getting banned was caused by the user. The console was in perfect working condition when sold. The store has no liability

CramCycle

XG4M3M45T3RX wrote: »

Agreed, However if you have a look back over previous comments you will see that Multiple people have provided information regarding suspensions and Perma Bans. But to reitterate the point - XBox enforcement teams do numerous inspections on the network and do not enforce console bans lightly, they cannot be reversed.

I do believe customers do deserve to get a brief discription as to why the ban happened, but they do not ban consoles for the sake of it!

I doubt they do but are you saying a console ban, however unlikely is impossible to occur by accident? I'll openly admit that it is highly unlikely but it is far from impossible.

A few others have posted up links that describe console bans (all ones with the zombie map packs apparently). Admittedly all on the internet and all could be complete bull.

Again, taking North1s word for it (we have nothing else to go on as he has claimed that all other suggestions are incorrect after double checking it) the fact that they have not banned his account etc. also seems peculiar as I would suspect that if a console lock is doled out then a GT lock would be a minimum accompaniment. It may be a glitch on the system, it maybe that the zombie pack is linked with alot of modded accounts and it was red flagged because of this and the use of his GT on 2 different consoles with the pack on both of them (I don't know, just a suggestion).

Nobody knows, most of the suggestions for possible reasons have been mentioned several times, taking North1s word for it, these suggestions are not the reason as far as anyone can tell.

TheMooseInNam

WALSHY16291 wrote: »

He has said it was a consol ban, complete with consol ban message and therefore cannot create a new account on the Xbox.

OP, I would now wait for some sort of statement from MS. The video I posted showed that it has happened to many others and it could explain the lack of response on the forums. Microsoft are probably gathering all information on the case if they mucked up.

I suggest everyone go back and listen to the video clip Walshy posted!

It certainly seems like there has been a number (as yet unquantified) of consoles that have received bans for no apparent reason. It has been suggested that it may be linked to the new zombie map pack for BlOps, although not confirmed (North1 have you downloaded this or has your son).

Considering that the official Xbox forum 14 that deals with this is currently down/inactive, I have a suspicion that somewhere in MS's PET department there's a meeting being held with a free supply of huimble-pie, a video conference with Activision's tech department and a team of lawyers present.

If this is the case, I expect it'll be several days before an official acknowledgement will be issued and only after they figure out what has caused it, how to rectify it, quantified the potential fallout it has caused etc.

North1, your son may yet escape a beating... maybe

CramCycle

Healium wrote: »

That's not an excuse. Getting banned was caused by the user. The console was in perfect working condition when sold. The store has no liability

To be fair, that is an assumption, at the minute no one except MS know why it was locked and even whether it was a mistake or not (they haven't commented yet so its fair to point out that the lock may be an error until a different/personal response is given). The fact that the console now does not work as expected and the reason it has stopped working is due to MS locking it without explanation, means that (on the basis that nothing against North1 or his son comes out) the console is not fit for purpose for a reasonable time limit from the date of purchase.

At the very least, the shop or MS should take it back to confirm it was indeed his fault or their fault.

Personally I wouldn't expect a refund/swap straight away but more a fortnight or so for them to inspect the machine and then give a reason (which AFAIK he is legally entitled to if they are blaming him for the fault/ban) for the error and then issue a replacement or tell him to GTFO.

XG4M3M45T3RX

RGDATA! wrote: »

without the former there is NO REASON WHATSOEVER to be completely confident of the latter.

Good Point...

However, I can be completely confident of the Latter due to the fact that customers are NOT banned lightly, this i am sure of.

CramCycle

TheMooseInNam wrote: »

North1, your son may yet escape a beating... maybe

Modding my xbox and getting it banned...

https://www.youtube.com/watch?v=hFgR0m-9FmM

..you better believe that's a paddling :P

CramCycle

XG4M3M45T3RX wrote: »

Good Point...

However, I can be completely confident of the Latter due to the fact that customers are NOT banned lightly, this i am sure of.

Are you saying that it is impossible to get banned by accident or through no fault of your own(or your son in this case :P )?

Fireborn

No, he's saying its impossible to get banned for no reason. The customer is free to assign blame to whoever they want but you can be sure there is blame to be assigned and its not to Microsoft.

darklighter

XG4M3M45T3RX wrote: »

This Conversation is going nowhere in a hurry...

At the end of day there was a blatant disregard for XBox policey somewhere along the lines and the banning of either the console or the Tag is a result of this. XBox do not Ban lightly and are well within there legal rights to inforce the terms of use within the service and are also not obliged in any, way shape or form to provide any ''evidence'' for the ban, you were warned before the ban took place.

I have owned an XBox for 4 years, never banned, never suspended because i dont break the T's + C's.

Where was the OP warned of anything?

IPAM wrote: »

I wouldn't change anything, leave everything as is, iv seen that motto plenty of times including friends and none to my knowledgle have been banned

As have I on numerous occasions and I'm sure many others here have as well!

Fireborn wrote: »

My point is the laws of a country do not apply here. A country or any other legal entity is not involved, this is a service provider denying service to a now ex-customer for reasons they are allowed to withhold without exemption as detailed in terms and conditions the customer agreed to when he/she started the service.

The clue is in the title: Sale of Goods and supply of SERVICES Act. While we dont know until legal advise is taken whether the OP has a case, it is incorrect to suggest the laws of this country dont apply unless the contract specifically states which country's jurisdiction a case should be taken under.

Fireborn wrote: »

Then I would imagine he might want to change that fact before he's back in small claims claiming microsoft stole off him.

In effect they have stole, he purchased (I assume) a year long sub which he has been unable to use for a week at this stage.

chopperbyrne

darklighter wrote: »

Where was the OP warned of anything?

The Terms of Use and the Code of Conduct which were both agreed to by North1 for himself and on behalf of any minors he has responsibility for.

Fireborn

darklighter wrote: »

Where was the OP warned of anything?



As have I on numerous occasions and I'm sure many others here have as well!



The clue is in the title: Sale of Goods and supply of SERVICES Act. While we dont know until legal advise is taken whether the OP has a case, it is incorrect to suggest the laws of this country dont apply unless the contract specifically states which country's jurisdiction a case should be taken under.



In effect they have stole, he purchased (I assume) a year long sub which he has been unable to use for a week at this stage.

Thats possibly the stupidest thing i've ever read.

I would dearly love to see you try and pull that in court. 'I was banned for violating the terms of use for (reason not yet found out but there will be a reason) because of this, under the terms I agreed to I have forfeited both the subscription remaining and my ability to access said subscription. This is Microsofts fault.

Why not get an ambulance chaser in too and claim for psychological damage whilst you're busy running a sham circus in the courtroom.

Reamer Fanny

pH wrote: »

He's answered that here

Very clearly a CONSOLE ban.

If the seal is intact and the son's GT not banned and the OP telling the truth, it's hard to see what the son could have done to get that console banned.

It's only a console ban if it says 1/1/9999, OP can you verify if you get that date when you try to connect to Xbox Live you may only need to create another GT.

Helix

justryan wrote: »

It's only a console ban if it says 1/1/9999, OP can you verify if you get that date when you try to connect to Xbox Live you may only need to create another GT.

he already tried to set another one up

its a console ban

NORTH1

Fireborn wrote: »

Thats possibly the stupidest thing i've ever read.

I would dearly love to see you try and pull that in court. 'I was banned for violating the terms of use for (reason not yet found out but there will be a reason) because of this, under the terms I agreed to I have forfeited both the subscription remaining and my ability to access said subscription. This is Microsofts fault.

Why not get an ambulance chaser in too and claim for psychological damage whilst you're busy running a sham circus in the courtroom.

I doubt a competent lawyer word your phrasing. that would be just silly

CramCycle

chopperbyrne wrote: »

The Terms of Use and the Code of Conduct which were both agreed to by North1 for himself and on behalf of any minors he has responsibility for.

To the best of his knowledge he has broken none of these.

Might be worth leaving it for a few days to see do MS reply or you get more info on the zombie pack/console ban front, rather than people reiterating the same point (I myself have made this point 3 times now :pac:) ad infinitum.

Fireborn

NORTH1 wrote: »

I doubt a competent lawyer word your phrasing. that would be just silly

it doesnt matter how a 'competant' lawyer (I doubt a competant lawyer would touch this case with a bargepole except to earn a few quid legal fees) the fact is, that is exactly what is being said - regardless of what legalese its couched in.

adrian522

Fireborn wrote: »

No, he's saying its impossible to get banned for no reason. The customer is free to assign blame to whoever they want but you can be sure there is blame to be assigned and its not to Microsoft.

LMFAO. Funniest thing on this thread.

How do we know Microsoft are not to blame. I love the faith people on this thread have in Microsoft but I suspect it is sadly misplaced.

chopperbyrne wrote: »

The Terms of Use and the Code of Conduct which were both agreed to by North1 for himself and on behalf of any minors he has responsibility for.

And so far we have ascertained that none of these terms have been broken so where does that leave us.

mossie

Fireborn wrote: »

it doesnt matter how a 'competant' lawyer (I doubt a competant lawyer would touch this case with a bargepole except to earn a few quid legal fees) the fact is, that is exactly what is being said - regardless of what legalese its couched in.

Not quite because the OP denies breaking any T&Cs. Effectively he is being banned for no known reason and a competent lawyer could probably make a good case. Not necessarily a winning case but possibly enough justify taking a case. The law is a strange animal...

chopperbyrne

adrian522 wrote: »

And so far we have ascertained that none of these terms have been broken so where does that leave us.

So far we have ascertained absolutely nothing other than the console has been banned because Microsoft believe it has been used to break the Terms of Use.

adrian522

chopperbyrne wrote: »

adrian522 wrote: »

And so far we have ascertained that none of these terms have been broken so where does that leave us.

So far we have ascertained absolutely nothing other than the console has been banned because Microsoft believe it has been used to break the Terms of Use.

Well we don't know that because Microsoft have not said why it was banned.

It could be a software glitch for all we know.

chopperbyrne

Could be, but that hasn't been ascertained yet either.

XG4M3M45T3RX

mossie wrote: »

Not quite because the OP denies breaking any T&Cs. Effectively he is being banned for no known reason and a competent lawyer could probably make a good case. Not necessarily a winning case but possibly enough justify taking a case. The law is a strange animal...

Really?? Were now correcting spelling errors, this Thread has definatly gone south...and yet we are no closer to a resolution...Here is the Black and White : The console has been banned, it will not be reversed ( as this has never Happened ) Does he deserve a reason, probably not but i am sure if he sends the Moderators an E-Mail they will gladly explain why he has been banned in a general manor.

chopperbyrne wrote: »

So far we have ascertained absolutely nothing other than the console has been banned because Microsoft believe it has been used to break the Terms of Use.

Exactly my point...

XG4M3M45T3RX

chopperbyrne wrote: »

Could be, but that hasn't been ascertained yet either.

and i am 99.9% sure this is not the case, as there would be hundreds more people in the same position, however there isnt, there are plenty of bans and a minority contesting them. This is because the Majority except the fact that they breached the T+C's, deal with it and buy a new second hand console to mod!!!

3ndahalfof6

seven + years and now a ban is put in place on your machine, they never had a problem with you before this, not saying your wrong but why now after all this time,

do MS update there rules on an ongoing basis so you may not be aware of something you did to be wrong ( i know everything has been covered pretty much on this thread)

there normally is no smoke without fire, my guess is someone did something,

but I do hope you get your answers soon, I read the whole thread so I would like to see the outcome, good luck with it.

Grayhame

I have to agree with most of the people here, Microsoft are just out to make money on new xboxs why else would they ban someone for no reason.
Think about it, they leave you with your Gamertag so you can still use it IF you buy a new xbox... how nice of them, such a kind company, please stay with use and we'll ban you again soon and will give no reason for that either. Then call up our customer support team who will you give you no info and no place to complain to or fight your case.

Oh how i love you xbox team, always there to help me with my issues

KERSPLAT!

Most people?? Most people who support the OP, including myself, seem to think it was an error on MS side not that they are purposly banning people to gain sales. Mistakes happen, this could be one. For those who say there has never been a successful appeal... There's always a first, this could be MSs first mistake and it could be th first time a ban is overturned...