Small claims an the sherrif

Debbie__

Heya.. I won a small claims case today and I was left a little confused on certain things, i'll give the background and then ask my question.

At xmas a ps3 i bought was faulty, games kept freezing in it (all 3) brought it back to the shop and they claimed it worked fine for them, after two days of humilation in te shop, been fogged off with fake headoffice numbers, staff refusing to write der name for the purpose of it been taken further, calls to different dept of the company, two letters of complaints, i started a small claims case.. Which i won, the company had originally said dey wer going to court, dey didn show up today an i was automatically awarded my €300 back.. However the judge sed it was difficult as the company, since march, does not operate in ireland, only the u.k and up north.. The corresponsdents from the company to the courts had been via the u.k (court docs shows an email address with .co.uk in march (same time dey pulled out of ireland) and it was the headoffice in the u.k which replied to my letter of complaint.

My question is, can money be court ordered to be paid still? Can the county sherrif collect money from northern ireland or the u.k? If not, what do I do next?

Thanks

Procrastastudy

You need to get in touch with the receivers as the Irish company was separate to the UK one.

I think you're on a hiding to nothing though I'm afraid as the receivers didn't even pay the staff redundancy.

If it is actually faulty and not user error then Sony will repair it for you.

drunkmonkey

Will Sony not repair the ps3 for you???? they should do if it's faulty.
Failing that I'd call Games head office (if that's who your on about) and explain the situation. Details here http://www.gamegroup.plc.uk/gmg_plc/contact/

Can the sheriff collect money from the UK, No!

Procrastastudy

Id give up with GAME (*IF* thats who it is!) at this stage and go though Sony. If it does end up back at GAME in Basingstoke there is a very good chance you'll never see it again.

Debbie__

GCDLawstudent wrote: »

You need to get in touch with the receivers as the Irish company was separate to the UK one.

I think you're on a hiding to nothing though I'm afraid as the receivers didn't even pay the staff redundancy.

If it is actually faulty and not user error then Sony will repair it for you.

How would i find out who the receivers are?

Its a brand new console, it shouldnt have to be repaired, if sony wer to replace it or refund the money then that'd be great but i doubt it

Debbie__

drunkmonkey wrote: »

Will Sony not repair the ps3 for you???? they should do if it's faulty.
Failing that I'd call Games head office (if that's who your on about) and explain the situation. Details here http://www.gamegroup.plc.uk/gmg_plc/contact/

Can the sheriff collect money from the UK, No!

I never contacted somy as i was not looking for a repair, as a bran new conse should not have to be repaired days after purchase. I have rang game and no answer, no returns department..

Not even from northern ire?

Debbie__

GCDLawstudent wrote: »

Id give up with GAME (*IF* thats who it is!) at this stage and go though Sony. If it does end up back at GAME in Basingstoke there is a very good chance you'll never see it again.

Sony, im assuming will only repair it, not replace or refund the cash?

I know, there a nightmare.. Would the court order automatically go to the receivers of the game branch?

drunkmonkey

Debbie__ wrote: »

I never contacted somy as i was not looking for a repair, as a bran new conse should not have to be repaired days after purchase. I have rang game and no answer, no returns department..

Not even from northern ire?

Sony will swap it out for you. Don't waste your time and effort with a company not even here any more go straight to sony.

Procrastastudy

Receivers are Pricewaterhouse Coopers.

Sony will only repair it. Its likely you'll actually get a replacement refurbished console. I'd take it and be done with it. You'll have more chance getting a refund out of Argos for it than you will do from Pricewaterhouse Coopers or GAME UK who are/were also in receivership.

Procrastastudy

Debbie__ wrote: »

Sony, im assuming will only repair it, not replace or refund the cash?

I know, there a nightmare.. Would the court order automatically go to the receivers of the game branch?

They could go to the receivers where the small claims court would come in the list of creditors, maybe someone else knows? I suspect it will be after the Landlords owed millions, the government who paid out thousands in redundancy and the suppliers.

Who advised you to take this to the Small claim court? You must have seen on the news they went under.

Debbie__

GCDLawstudent wrote: »

Receivers are Pricewaterhouse Coopers.

Sony will only repair it. Its likely you'll actually get a replacement refurbished console. I'd take it and be done with it. You'll have more chance getting a refund out of Argos for it than you will do from Pricewaterhouse Coopers or GAME UK who are/were also in receivership.

I think ill take my chances, its court ordered that i get my refund back.. So i dont see why i should take a 2nd hand 1 from sony..

Will pricewaterhouse coopers take on all business from game ireland, as in will the court order go too them

Debbie__

GCDLawstudent wrote: »

Receivers are Pricewaterhouse Coopers.

Sony will only repair it. Its likely you'll actually get a replacement refurbished console. I'd take it and be done with it. You'll have more chance getting a refund out of Argos for it than you will do from Pricewaterhouse Coopers or GAME UK who are/were also in receivership.

I think ill take my chances, its court ordered that i get my refund back.. So i dont see why i should take a 2nd hand 1 from sony..

Will pricewaterhouse coopers take on all business from game ireland, as in will the court order go too them

Debbie__

GCDLawstudent wrote: »

Debbie__ wrote: »

Sony, im assuming will only repair it, not replace or refund the cash?

I know, there a nightmare.. Would the court order automatically go to the receivers of the game branch?

They could go to the receivers where the small claims court would come in the list of creditors, maybe someone else knows? I suspect it will be after the Landlords owed millions, the government who paid out thousands in redundancy and the suppliers.

Who advised you to take this to the Small claim court? You must have seen on the news they went under.

I dont mind been last on the once i get paid, consumer rights are still important..

The nca, no actually as my post says above, the fault, the complaints and te small claim was put in before march (when game pulled out of ireland) and in march game headoffice, still replied to the courts saying they wanted to fight it in court

Procrastastudy

The point I was trying to make is if the person you have a claim against have no money you won't get paid.

As they are millions in debt they won't be finding money to pay you. I'm not sure I'm getting this across so hopefully someone else might be able to enlighten you.

Debbie__

GCDLawstudent wrote: »

The point I was trying to make is if the person you have a claim against have no money you won't get paid.

As they are millions in debt they won't be finding money to pay you. I'm not sure I'm getting this across so hopefully someone else might be able to enlighten you.

This is a completly different situation though, game are still operating in the u.k and northern ireland.. So if some1 in england has a broken playstation, are they going to be told sorry, we took ur money but now its broken tuf we have no momey? And i kno it was said, that game ireland was different, but its the same company.,

Procrastastudy

They were separate companies trading under the same name. I don't have enough knowledge of Company Law to go into the nuances of it with any insight, again maybe someone here knows. They were registered in Ireland based out of Dawson Street with their own VAT and company reg no.

Many companies do something similar - be it the same or different names. I have no idea if Penny's for instance would be the same company as Primark for the purposes of legal action.

All HO functions have been transfered top the UK thats why they were responding to you. May be just maybe after a few months of constant e-mailing they might refund you. DO NOT send the PS3 over to them first though.

I wish I had as much time on my hands... oh wait I do

Debbie__

drunkmonkey wrote: »

Debbie__ wrote: »

I never contacted somy as i was not looking for a repair, as a bran new conse should not have to be repaired days after purchase. I have rang game and no answer, no returns department..

Not even from northern ire?

Sony will swap it out for you. Don't waste your time and effort with a company not even here any more go straight to sony.

But sony will only do Refurb

ceegee

Debbie__ wrote: »

drunkmonkey wrote: »

Debbie__ wrote: »

I never contacted somy as i was not looking for a repair, as a bran new conse should not have to be repaired days after purchase. I have rang game and no answer, no returns department..

Not even from northern ire?

Sony will swap it out for you. Don't waste your time and effort with a company not even here any more go straight to sony.

But sony will only do Refurb

Getting a refurb is better than nothing, which is what you'll likely get from Game UK (or the Irish companys receivers)

Its a pain but these things happen when companys go bust

Debbie__

ceegee wrote: »

Debbie__ wrote: »

drunkmonkey wrote: »

Debbie__ wrote: »

I never contacted somy as i was not looking for a repair, as a bran new conse should not have to be repaired days after purchase. I have rang game and no answer, no returns department..

Not even from northern ire?

Sony will swap it out for you. Don't waste your time and effort with a company not even here any more go straight to sony.

But sony will only do Refurb

Getting a refurb is better than nothing, which is what you'll likely get from Game UK (or the Irish companys receivers)

Its a pain but these things happen when companys go bust

I think this is crazy, to think that there is a court order but nothing can be done about it

Procrastastudy

What do you do if someone has no money? Its the dilemma a lot of people are in. I'm quite glad we don't have debtor prisons.

Well I'd have made an exception for some of GAME's senior management to be fair.

Debbie__

GCDLawstudent wrote: »

What do you do if someone has no money? Its the dilemma a lot of people are in. I'm quite glad we don't have debtor prisons.

Well I'd have made an exception for some of GAME's senior management to be fair.

Should they not have declared to the court they hav no money for it, instead of contesting the claim

Procrastastudy

Debbie__ wrote: »

Should they not have declared to the court they hav no money for it, instead of contesting the claim

Again just for anyone who read this thread in the future or for yourself - that what retailers and quite a few companies do to the SmCC. Tell the customer they are going to fight it tooth and nail until the day when they don't show up.

On the plus side if they were still open you could have kept the PS3 and got a refund! Happened in Henry St over an XBOX360. Now don't get me wrong the guy who took them to court was a chancer and simply didn't use it correctly.

Debbie__

GCDLawstudent wrote: »

Debbie__ wrote: »

Should they not have declared to the court they hav no money for it, instead of contesting the claim

Again just for anyone who read this thread in the future or for yourself - that what retailers and quite a few companies do to the SmCC. Tell the customer they are going to fight it tooth and nail until the day when they don't show up.

On the plus side if they were still open you could have kept the PS3 and got a refund! Happened in Henry St over an XBOX360. Now don't get me wrong the guy who took them to court was a chancer and simply didn't use it correctly.

Thats true, most cases heard today no1 showed up and the person automatically got the money back..

I only wanted a replacement back in jan, i only pushed for a refund after how badly i was treated instore..

I'll ring the courts in the morning and see what they say

Procrastastudy

To be fair to the store they are very restricted to what they can do. They used to be much better at offering swaps but it cost them €10m in one year alone so tightened up on it significantly.

Basingstoke used to have pallets and pallets of 360's that people reported as 'faulty' that were just user error.

Either way best of luck!

Nonoperational

Your completely missing the point. Game UK have nothing to do with it. No representative even came to court, the company is gone.

If it's broken take it to Sony to be fixed. Your statutory rights don't entitle you to demand a refund.

Debbie__

gpf101 wrote: »

Your completely missing the point. Game UK have nothing to do with it. No representative even came to court, the company is gone.

If it's broken take it to Sony to be fixed. Your statutory rights don't entitle you to demand a refund.

Im not missing the point at all, it seems that the attitude is oh well der gone u hav no rights, and thats incorrect, hence the european small claims proceedure.. Al i keep hearing is that its a dif company, why i gods name did game post a ting on there UK website saying all faulty items and returns have to be directed to bassingstoke..

Its ur consumer rights, that u DO NOT have to accept a repair, u can ask for a replacement or a refund, and u DONT go to the manufactor u go to were u purchased it.. I won my small claim in these basis.. And ill take it to te european small claims if i im unsuccessful.. Too many people just fog it off its stupid

Procrastastudy

You're both kind of right. The parties have to sort it out between themselves whether there is a repair, replacement or refund. If they can't then they go to to the SmCC which the OP did.

seagull

The issue is that Game UK is a different company to Game Ireland, and so will just ignore you. Game Ireland has no money, so you can have yourself added to the list of creditors, but you'll be way down the list, and what assets they do have will have been exhausted long before you get to the top of the list of who will be paid. Cut your losses with Game, and go direct to Sony.

Debbie__

Jus to update.. The courts have advised to open up a european small claim against game in the uk.. And i was also told by the ECC that i can lodge the claim against the creditors here, and because of the courts judgement i would be classed as a secured creditor which ranks above other certain things..