ps3 and small claims court

Elessar · 05-08-2010 11:48AM

Any update on these SCC cases?

Slick50 · 05-08-2010 08:39PM

Waiting on a court fixture from the registrar.

norrie rugger · 05-08-2010 11:07PM

awaiting second smyths reply

michael155 · 07-08-2010 11:23PM

Hi all,

My 40gb PS3 got the 'ylod' last week. I contact Sony customer support immediately who explained that the 'ylod' is not a recognised manufacturing fault and as my system is out of its 1 year warranty I would need to pay €160 for a refurbished unit. If I was to go ahead with this 'exchange' I would have to do this through my retailer... the problem with this is that I bought my PS3 just over 2 years ago from a Virgin Megastore which has now gone out of business.

Sony suggested that my local Smyths would be able to process the exchange for me and after writing to them they explained that they could give me a refurbished model.. for €160..

I don't know where to go from here. I refuse to pay €160 to swap my PS3 for another second hand model and I don't want to lose my many hours of saved games. I will probably end up having the system repaired by 'console repairs ireland' or whatever they're called but its not fair as I have heard that Sony UK has a special number to call that automatically sends out a replacement console as they recognise the 'ylod' as a fault after the watchdog feature. Is it worth starting the whole process again but pretending I'm from the North?

What percentage of people have actually been successful in getting a free or better replacement console? and How do you get around Sony and Smyth's explanation that the 'light you refer 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.'?

good luck to all who are stuck with the same problem as me.

Retr0gamer · 08-08-2010 02:55AM

Since Virgin Megastore is out of business then you are out of luck using consumer rights. The only other step is taking Sony to court saying that there's a flaw in the design of the machine. Unfortunately that would be a massive case and unlessyou have a lot of money (read millions for a class action lawsuit) you are out of luck.

Slick50 · 08-08-2010 11:17AM

Hi Michael155, you are not out of luck re: your consumer rights, you can lodge a claim against sony through the small claims court. Your consumer rights apply to them the same as if they had sold you the console in a situation where your supplier has gone out of business. It will cost you €15 to lodge a claim in the SCC, and the onus is on them to show why the console malfunctioned under the "consumer information act 1978". This has yet to be tested, but would be worth trying, even for curiosity value. Are you familiar with the "sale of goods and supply of services act 1980". If you approach them with this and the "consumer information act 1978" (section 20 as top of page), it would be interesting to see their response. Let us know?, if you do.

Retr0gamer · 08-08-2010 11:54AM

Are you sure about that? I think since virgin megastore are gone bust that basically you've got to write it off as a bad debt like any company. I could be wrong but I think your consumer rights are only with the point of sale and not the manufacturer.

Slick50 · 08-08-2010 01:10PM

According to the sale of goods act, where a retailer has gone out of business, you can claim against the manufacturer or importer. I think it's in section 19.

Yellowledbetter · 08-08-2010 01:24PM

Michael155

Its worth reading through this thread from the start to see the various avenues people have gone down and succuess they may or may not have had.Im not too sure what your story will be given that Virgin have gone out of business but as a previous poster said,you may still have recourse with Sony themselves as the manufacterer.
I managed to get a free Refurb off Xtravision after an exchange of letters(can be found somewhere back in this thread) and also got a replacement MW2 which was in my console when it got YLOD.

Best of luck

michael155 · 08-08-2010 08:23PM

thanks everyone. I had read the entire thread but things still seem complicated. There are a lot of videos on Youtube (mainly from people in the USA and UK) who have won over Sony through customer support rather than tech support: http://www.youtube.com/watch?v=iFtkyu71MxM&feature=related
I think this will be my course of action rather than threatening Sony with lawsuits which I don't know anything about at all. I will let people know how I get on.

norrie rugger · 09-08-2010 08:15AM

michael155 wrote: »

thanks everyone. I had read the entire thread but things still seem complicated. There are a lot of videos on Youtube (mainly from people in the USA and UK) who have won over Sony through customer support rather than tech support: http://www.youtube.com/watch?v=iFtkyu71MxM&feature=related
I think this will be my course of action rather than threatening Sony with lawsuits which I don't know anything about at all. I will let people know how I get on.

I would imagine that you will get the same generic letter that we all did

Chairman Meow · 09-08-2010 12:01PM

Sony are bastards to deal with in regards to this. About 2 years ago my brothers PS3 died, (blu ray drive stopped working), my brother has learning difficulties so i tried to get it sorted myself for him.
My first port of call was calling sony themselves (i should point out that the ps3 was under warranty), they flat refused to do anything for me. Wouldnt offer to repair it, all they said was "take it to gamestop, and ask for a replacement. We have ana greement with GS in that theyll replace any faulty devices". Of course this was horse**** of the highest order, and GS said as much when i tried to return it (i had no receipt, but the employee said that sony tell that line to people all the time even tho its total rubbish).
I called sony and told them this, they still didnt offer any kind of a repair service, or any advice other than "take it back to the shop".
Eventually, i took it to tesco, and as i knew some people there, they kindly agreed to replace the ps3 for me.

tl;dr, Sony are unhelpful ****ing cu*ts.

Also, my own 60gb got the same error last week. Rather than dealw with those ****nuts again, i bought a BRD for 50 quid and self repaired it. Because **** paying 160 euro to sony jsut to get a refurb that will probably die in a few months anyway.

.G. · 09-08-2010 08:22PM

Anyone know what the deal is with an online retailer regarding the sale of goods act.I have a 60GB which I bought in june 07 from Komplett.ie.

Its still working fine but I'd like to know where i would stand if it did die.

Cheers

Messi19 · 09-08-2010 08:58PM

superg wrote: »

Anyone know what the deal is with an online retailer regarding the sale of goods act.I have a 60GB which I bought in june 07 from Komplett.ie.

Its still working fine but I'd like to know where i would stand if it did die.

Cheers

You'll be covered the same as if you bought it in a shop.......so long as komplett is still in business

.G. · 09-08-2010 09:24PM

They are still in business but have been taken over by another company.My main concern is the European law wouldn; cover me as its outside of two years so would the Irish sale of goods act cover me since I bought it from an Irish based website,with an Irish based office but the company itself is Dutch

thebman · 10-08-2010 01:22AM

superg wrote: »

They are still in business but have been taken over by another company.My main concern is the European law wouldn; cover me as its outside of two years so would the Irish sale of goods act cover me since I bought it from an Irish based website,with an Irish based office but the company itself is Dutch

Komplett have a collection point in Ireland and a warehouse with some offices presumably. They would fall under Irish law I would imagine.

.G. · 10-08-2010 08:04AM

Hope so,Cheers

Diageio_Man · 10-08-2010 08:21AM

hope this is not thought as spam posted this in the F.A.Q's aswell, so mods delete if you's think fit. Im just pissed off at sony and there sly ways.

heading into maplins in an hour to pick up thermal paste so i can fix another mates ps3. I'v fixed 4 so far the 1st one i fixed is still going strong after 5 months. Dont pay the 160 quid get some one who knows what there at to try fix it. If i can help anyone out im around the dublin area. just give me a pm and i'll try give you's a hand fixing it.

Slick50 · 12-08-2010 08:17PM

Have court date for the 21st sept. Will keep you posted.

F1ngers · 12-08-2010 08:37PM

Slick50 wrote: »

Have court date for the 21st sept. Will keep you posted.

Best of luck.

norrie rugger · 12-08-2010 09:23PM

Slick50 wrote: »

Have court date for the 21st sept. Will keep you posted.

Good luck buddy

BArra · 13-08-2010 09:17PM

Slick50 wrote: »

Have court date for the 21st sept. Will keep you posted.

best of luck, cant wait to hear how this pans out !

surly you will get a new ps3 and possibly compensation?

we'll see!

GOSullivan27 · 14-08-2010 03:11AM

Sony are the worst to deal with! I've had 3 PS3's so far, two broke, the first was just under warranty so i got a new one no bother, but the second wasn't so easy, went about a month or two over, and they wouldn't give me a new one or anything. Should have gone to small claims court about it.

leshogan · 20-08-2010 12:55PM

Just off the phone with Manager in Smyths Toys, Limerick, Says he has no avenue to repair/replace my PS3, gave him the whole supply of goods story...., Will ring me back after lunch with 'difinitive' answer, as he want to speak with his Sony contact first.

Sent him formal letter last week stating my complaint and now I'm quite looking forward to my trip to the SCC, Very nice chap, well easy to deal with, shame he is not a bit more obliging and just give me a replacement

Varik · 20-08-2010 01:42PM

leshogan wrote: »

Very nice chap, well easy to deal with, shame he is not a bit more obliging and just give me a replacement

It sucks when there nice and it seriously not his fault anyway about repairs/replacements, be easier if the guy was a jerk.

TelePaul · 02-09-2010 10:18AM

Best of luck OP!

Slick50 · 10-09-2010 07:19PM

Anybody making any progress with smyths, or any retailers?. Thread has gone very quite !.

yawnstretch · 11-09-2010 09:18AM

Well the court date is 21st? Have to wait till then.

norrie rugger · 11-09-2010 10:21AM

have heard nothing back from the small claims registrar for over 3-4 weeks now.
Anyone have anything similar?

leshogan · 13-09-2010 10:24AM

'THIS CLAIM HAS BEEN SERVED ON THE RESPONDENT. AWAITING RESPONSE.' I'm waiting for a reply from Smyths, Claim made on the 26th August so guess I have a few more weeks to wait

ps3 and small claims court

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