Xbox one issue

Gatling

My wife bought an Xbox one from Smyth's online just over a year ago, but in the last fortnight the system blew up with a bang literally contacted Smyth's to see if they could help and they point blank refused and stated its only covered by a 12month warranty ,and asked me to contact Microsoft who said the same thing its out of warranty which is only 12 Months and to contact Smyth's instead ,

Does she have any comeback here from either Smyth's or Microsoft for a repair or replacement

dudara

Your contract of sale is with Smyth's and they must engage with you.

Assuming that there is no undue wear or tear on the device, or that you haven't misused it in any way, then you are entitled to a repair, replacement or refund.

Xterminator

Hi Op

you are being fobbed off.

Drop in to smiths and ask to see a manager. Tell them you have been talking with the CCPC and you want this issue dealt with under the sale of goods and supply act. you can call CCPC @ Helpline National: 01 402 5555 - no harm at all - that way you are confidant in your rights.

What should happen here is they should send the xbox off to determine whats wrong. if it was not caused by you; you should be offered a repair, a replacement or a refund.

If they continue to refuse send a register letter to the head office asking them to comply with consumer regulations, or you will have no choice to open a small claims court.

If they refuse or ignore you, then its off to the small claims court.

One piece of advice; dont go in all guns blazing, be polite and firm. Gets better & quicker results.

Gatling

So finally got to a Smyth's today with the bogey Xbox one today ,
Explained to member of staff in the games section what happened with the console ,he tells me ohh I've never heard about an Xbox blowing up like described ,and goes on to say it's definitely a hardware issue ,
So I ask him if it can be sent for repair ,he replies no we don't do that because they only do 30 warranty on faulty goods ,
I then ask for a manager who was actually turned around to say it's Microsoft's problem it's there faulty system ,he gives me the number of ms customer service which I already spoke to and they said it's a Smyth's problem ,
Manager suggested I just buy another Xbox from them ,I politely declined as asked for my own one to be sent for repair , again it's not his problem as its out of warranty ,
And it's up to me to get repaired ,

So I'm ringing cpcc first thing on Monday and Smyths head office to speak to someone over there about this ,

I took all the above advice ,I was calm and polite explained the console was well looked after and had my previous 360 for 10 years still using now till the other one is sorted .

So not a happy chappy today

nava

Most companies they are very helpful when it gets posted on their Facebook or Twitter, include Xbox Twitter If you don't get any help you will have to start a Small Claims court.

Slippin Jimmy

If you go to the small claims court you will more than likely win. Before doing this you should write a letter or email to the head office outlining what you want done. If they come back to you saying no it will stand to you in the small claims court.

Purple Mountain

Did it literally blow up?
Surely Microsoft or Smyth would be taking that more seriously as a potential hazard to similar models.

goodlad

Gatling wrote: »

So finally got to a Smyth's today with the bogey Xbox one today ,
Explained to member of staff in the games section what happened with the console ,he tells me ohh I've never heard about an Xbox blowing up like described ,and goes on to say it's definitely a hardware issue ,
So I ask him if it can be sent for repair ,he replies no we don't do that because they only do 30 warranty on faulty goods ,
I then ask for a manager who was actually turned around to say it's Microsoft's problem it's there faulty system ,he gives me the number of ms customer service which I already spoke to and they said it's a Smyth's problem ,
Manager suggested I just buy another Xbox from them ,I politely declined as asked for my own one to be sent for repair , again it's not his problem as its out of warranty ,
And it's up to me to get repaired ,

So I'm ringing cpcc first thing on Monday and Smyths head office to speak to someone over there about this ,

I took all the above advice ,I was calm and polite explained the console was well looked after and had my previous 360 for 10 years still using now till the other one is sorted .

So not a happy chappy today

This kinda bullsh!t responce from a store manager boils my blood. They either have absolutely no idea what they are doing and shouldnt be in the job or they have some kinda instruction to play the fool and hopefully the customer will go away.

Gatling

So this mess is still not sorted to any real satisfactory end ,
So got back on to Smyths about the Xbox and again passed the buck to Microsoft ,
So on second round of emails with Smyths and quoting the CPPC and sale of goods act and the possibility of legal action ,I got a half hearted sincere apology and was told I could return the Xbox to a store to discuss with a staff member to get this solved as long as I had all the paperwork from them , receipts and emails and a copy of the email from Microsoft saying that it was up to Smyths to resolve ,

Due to work and college commitments this week it looks like another week before something actually happens,

It like dealing with a government department at this rate

ArthurG

Do you have a receipt?.

What happens if you don't?. It would be easy for me to claim that I bought something in a shop a year ago (or even 2/3/4 years ago) and need RRR, but without a receipt would I have a leg to stand on?. Not suggesting this is the case with you by the way, just curious.

Gatling

ArthurG wrote: »

Do you have a receipt?.

What happens if you don't?. It would be easy for me to claim that I bought something in a shop a year ago (or even 2/3/4 years ago)

Yes we have the original receipt and paperwork ,
I actually think this is the first time we've ever had to return something to a shop ,

If the Xbox was 4 + years old chances are we might just have bought another one but this one is less than 18 months old

ssmith6287

Did the xbox literally blow up, like burst into pieces/flames ? Is there any sign of scorch marks on the socket it was plugged into or the plug? Any smell of electrical burning. For your own safety it might be worth looking outside the xbox too. Ive see laptops which didnt explode but received a power surge which fried the mobo. Turned out the extension lead / power socket they were plugged into were to blame. Could you ask microsoft to assess the xbox for repair, or recommend a trusted repairer. Being honest and its my own opinion when electric products go up like that my first place to look is the source of the power just to be safe

Gatling

Smyths are complete dicks right now ,

Took the morning off work to specifically sort this out,
I received an email from symths on Friday sincerely apologising for the situation and that I should return my Xbox one to my nearest store to be resolved ,
So this morning I brought my Xbox into my local store ,with the email chain I had from them and Microsoft ,
All going good so far que the manager appearing and taking the emails and rings the person who apologised in the email ,He comes back and said No ,were not dealing with it and said that the email I received should never have been sent and essentially retracted it,
He then claimed that Smyths internal policies are exempt from the sale of goods act ,
The sales of goods act only allows 28 days for the return of faulty goods ,
So now I've to wait for a mid-level Smyths buyer to contact a Microsoft mid-level buyer ,
And wait to see what happens ,

But I'm not taking that bs ,

Off to the small claims court now

upandcumming

Gatling wrote: »

Yes we have the original receipt and paperwork ,
I actually think this is the first time we've ever had to return something to a shop ,

If the Xbox was 4 + years old chances are we might just have bought another one but this one is less than 18 months old

Doesn't have to be the receipt. If it was bought by card, a statement should suffice.

dudara

Don't take this cr*p any more.

Write a registered letter to the store manager, cc'd to HQ. In it, briefly outline the issue and the fact that XX store visits have not yet resolved the matter. Give them 10 working days to resolve the matter in accordance with the SoG&SoS act, or that you will initiate a SCC case against them.

If you don't get a response within 10 working days, so straight to your local courthouse. Do not waste anymore time with them.

Xterminator

+1 for dudara's advice there.

one thing i dont think you have tried is social media ?

https://twitter.com/smythstoysire?lang=en

Tweet out to them -complaints via this channel bypasses the store manager and goes to head office.

Gatling

dudara wrote: »

Don't take this cr*p any more.

Write a registered letter to the store manager, cc'd to HQ. In it, briefly outline the issue and the fact that XX store visits have not yet resolved the matter. Give them 10 working days to resolve the matter in accordance with the SoG&SoS act, or that you will initiate a SCC case against them.

If you don't get a response within 10 working days, so straight to your local courthouse. Do not waste anymore time with them.

Xterminator wrote: »

+1 for dudara's advice there.

one thing i dont think you have tried is social media ?

https://twitter.com/smythstoysire?lang=en

Tweet out to them -complaints via this channel bypasses the store manager and goes to head office.

Just received this email from them

Further to my colleague’s email,

We have been in touch with the store and unfortunately, as this item is no longer within the warranty we are not able to assist you with this issue.

Apologies again for this and for any disappointment it may have caused.


Should you have any further queries, please do not hesitate to contact us.



Best wishes


.

I'll be taking the legal route now to sort this

rraido

Cant believe the terrible attitude of smyths to this issue. Put me off buying a console there. Good luck in the small claims court.

JimsAlterEgo

Gatling wrote: »

Just received this email from them

Further to my colleague’s email,

We have been in touch with the store and unfortunately, as this item is no longer within the warranty we are not able to assist you with this issue.

Apologies again for this and for any disappointment it may have caused.


Should you have any further queries, please do not hesitate to contact us.



Best wishes


.

I'll be taking the legal route now to sort this

post their email on their facebook page, am sure they wont mind

jamesbondings

This is Microsofts issue. You may have 1 year garauntee from Microsoft. But legally in Ireland you have two. agents in Microsoft are told not to tell you this. So ring them up let them know that as you are in Ireland you know you have two years warranty and they should sort it.

If they don't ask to speak to their manager or their escalations team.

(previously worked for Xbox customer support)

L1011

jamesbondings wrote: »

This is Microsofts issue. You may have 1 year garauntee from Microsoft. But legally in Ireland you have two. agents in Microsoft are told not to tell you this. So ring them up let them know that as you are in Ireland you know you have two years warranty and they should sort it.

If they don't ask to speak to their manager or their escalations team.

(previously worked for Xbox customer support)

You have whatever guarantee Microsoft want to give you. There's no legally required one.

Consumer rights rest with the retailer and it is the retailer you need to deal with.

jamesbondings

Ops getting the run around from retail... I gave a viable option to get this sorted in the next few days..... Alternatively set up a repair on your own through their online repair portal.... In work so can't find it at the moment will try link it in later.

European consumer law dictates a 2 year manufacturers warranty. The shop do not have to entertain you after the first year.

ytpe2r5bxkn0c1

jamesbondings wrote: »

European consumer law dictates a 2 year manufacturers warranty. The shop do not have to entertain you after the first year.

You might want to look at Irish Consumer Law. The above is incorrect.

L1011

jamesbondings wrote: »

European consumer law dictates a 2 year manufacturers warranty. The shop do not have to entertain you after the first year.

Utterly, utterly incorrect. EU legislation in this area does not apply in Ireland.

Irish consumer legislation places all the responsibility with the retailer and none with the manufacturer.

Gatling

Got another message from symths through social media few minutes ago .
I sent them the sale of goods act saying exactly what the consumer protection commission told me me and linked to the actual act ,I specifically asked if they are saying the sale of goods act doesn't apply to this.

Their reply

Hey Gatling * (name changed)

Yes, this does apply to this product, and all of our products, within the 12 month warranty. I'm afraid we can't be of assistance in this instance as this product is our of the 12 month warranty period. As advised, in this case we must refer you to the manufacturer, who will be able to advise further. As you are also beyond the 12 month warranty period wiith them, any cost incurred need to be paid by yourself. Apologies again for any inconvenience caused.

Best wishes,

Smyths

L1011

Small Claims next, only thing for it

Gatling

L1011 wrote: »

Small Claims next, only thing for it

Yeah doing that tomorrow morning ,
Honestly didn't think I'd have to take that route ,but it's the only option now

SweetCaliber

Gatling wrote: »

Yeah doing that tomorrow morning ,
Honestly didn't think I'd have to take that route ,but it's the only option now

I had the same issue with Ryanair, kept telling me to go to the manufacturer.

Companies will do anything to get out of the RRR. Don't back down, go to the small claims court.

Don't take any of their bulls***.

Let us know how you get on, after reading this I'll never buy anything from Smyths in the future.

theteal

Gatling wrote: »

Yeah doing that tomorrow morning ,
Honestly didn't think I'd have to take that route ,but it's the only option now

Please keep the thread updated, OP. You've got a slam dunker here. I'm surprised they're sticking to the "out of warranty" line, usually HO know better and quietly resolves the issue unbeknownst to the store in question. File your case with the SCC but I'd still wager that it won't actually get to court.

James Bond Junior

I had a panasonic sound system that went kaput after 20 months. There is an EU directive on electrical goods that basically gives you a 2 year warranty. I fought panasonic and won and got a full refund.

http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm

whiterebel

James Bond Junior wrote: »

I had a panasonic sound system that went kaput after 20 months. There is an EU directive on electrical goods that basically gives you a 2 year warranty. I fought panasonic and won and got a full refund.

http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm

The 2 year warranty isn’t in effect in Ireland. Problems like these are dealt with the Sale of Goods Act, and ultimately by going through the SCC.