ps3 and small claims court

Messi19 · 20-09-2010 12:25PM

Slick50 wrote: »

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

Best of luck for tomorrow

Basq · 20-09-2010 12:33PM

Yep, best of luck Slick50.

Retr0gamer · 20-09-2010 12:46PM

Good luck. Kick some ass. I wouldn't be surprised if nobody turned up to challenge it.

Slick50 · 21-09-2010 06:17PM

Thanks for the good luck wishes, they seem to have paid off. The manager from the local Smyths turned up to contest the case, but the judge agreed that it is reasonable to expect more service from such an expensive piece of equipment. The result being that he ordered Smyths to pay €355.00, the current price of the 250gb PS3. I had applied for a full refund, I think it would have compensated to some degree for my day off work, but I'm happy with the result.
In the end the case was straight forward enough, it hinged on the "reasonable expectation" clause. Other factors which seemed to sway the judge were.. that sony would not repair "my console for me" (they wanted me to accept somebody elses repaired machine).. that other retailers, like extravision and gamestop, would have replaced my console free of charge.
I did not get into trying to explain why my console stopped working. I told the judge I did not know why, as I was prevented from opening the console under the terms of warranty, and that I would have no case if I had broken the security seal, which he also accepted.
The judge recommended to Smyths that they review their customer service policy, so keep on their case.

Basq · 21-09-2010 06:19PM

Congrats Slick50...

.. that's a RESULT!

Elessar · 21-09-2010 06:20PM

Slick50 wrote: »

Thanks for the good luck wishes, they seem to have paid off. The manager from the local Smyths turned up to contest the case, but the judge agreed that it is reasonable to expect more service from such an expensive piece of equipment. The result being that he ordered Smyths to pay €355.00, the current price of the 250gb PS3. I had applied for a full refund, I think it would have compensated to some degree for my day off work, but I'm happy with the result.
In the end the case was straight forward enough, it hinged on the "reasonable expectation" clause. Other factors which seemed to sway the judge were.. that sony would not repair "my console for me" (they wanted me to accept somebody elses repaired machine).. that other retailers, like extravision and gamestop, would have replaced my console free of charge.
I did not get into trying to explain why my console stopped working. I told the judge I did not know why, as I was prevented from opening the console under the terms of warranty, and that I would have no case if I had broken the security seal, which he also accepted.
The judge recommended to Smyths that they review their customer service policy, so keep on their case.

Excellent news. You were representing yourself yes? Was it a full courtroom? Tough experience?

Messi19 · 21-09-2010 06:21PM

WELL DONE SLICK!!!

I have such a big grin on my face

Retr0gamer · 21-09-2010 06:49PM

Well done Slick50. Glad to see something good coming out of this. It's a good in your face to all the people saying that the consumer didn't have a leg to stand on. The consumer rights acts are there to protect people from big corporations infringing on your rights and more people should exercise these rights. I'd no doubt about you not coming up with a win.

Slick50 · 21-09-2010 06:50PM

Elessar wrote: »

Excellent news. You were representing yourself yes? Was it a full courtroom? Tough experience?

Yes, the case was in the public court, and in most courts they seem to run off the small claim cases first. There were only four SCC cases today, two of which were heard just before lunch, but mine was left till second last. This turned out to be a blessing in disguise, as the court was almost empty by the time I had to enter the witness box. Neither of us had legal representation. Speaking in court was a little daunting, but remaining calm and speaking clearly is important, which I think I managed, though my throat was fairly dry on my way back to my seat.

yawnstretch · 21-09-2010 07:39PM

Savage job. Fair play!

BArra · 21-09-2010 07:40PM

well done slick

delighted for you

Yellowledbetter · 21-09-2010 07:57PM

Congrats Slick,very well played

whiterebel · 21-09-2010 08:10PM

Well done, slick, mate. Great result.

wcarey1975 · 21-09-2010 08:29PM

Good result slick. Precedent set in any case so it will definitely help others. Enjoy your ps3

3rdDegree · 22-09-2010 02:05AM

Did the guy from Smyths speak at all?

joe316 · 22-09-2010 08:33AM

Congrats Slick, delighted for you.

I wonder will this set precedent for other Smyths customers, like me?

Anyone think its worthwhile contacting them now after Slick's great work?

Tallon · 22-09-2010 08:43AM

Great work, i've been following this thread for a long time and I was really hoping for a happy ending

Clover · 22-09-2010 09:18AM

Good job Slick , had been keeping on eye on this thread and it's great to see you got a good result in the end.

leshogan · 22-09-2010 09:58AM

Slick any chance you could put up the claim no. and court district so I can have it for my hearing

Could you say which Smyths store it was also please

Would be well handy

norrie rugger · 22-09-2010 11:08AM

My own case date has been set as the registrar stated that Smyths have ignored the last communication to them

well done slick

leshogan · 22-09-2010 11:12AM

norrie rugger wrote: »

My own case date has been set as the registrar stated that Smyths have ignored the last communication to them

well done slick

28 days will have passed for me next week also

norrie rugger · 22-09-2010 11:39AM

leshogan wrote: »

28 days will have passed for me next week also

I have a feeling that they were using Slick as a test case, to determine their future actions.
Could be interesting

F1ngers · 22-09-2010 11:46AM

Congrats Slick50 and good look to those next up.

cabrwab · 22-09-2010 09:15PM

Well done slick,

I hope you've set the ball rolling now on something.

Good job.

To the rest of you get all the info off slick you can to show precedent that has being set.

Well done.

noodler · 22-09-2010 09:25PM

3rdDegree wrote: »

Did the guy from Smyths speak at all?

This.

Well done but what was the manager's argument?

eddhorse · 22-09-2010 09:41PM

Well done, great result, will you buy a new PS3 in Smyths?

Slick50 · 22-09-2010 10:01PM

The case was in Naas, and it was the Naas branch of Smyths. The manager from Smyths did get to speak, but it was the same old story, out of warranty but we do offer a refurbished unit at a reduced price. So the judge has formally declared that the manufacturers warranty does not have any legal standing, he also questioned why do they offer anything if they are indemnified by the warranty. She (Smyths manager) did ask me to explain why the console stopped working, which is when I got the opportunity to explain that we are prevented from opening the console, as we would be accused of tampering with them. I think she was expecting me to start explaining about over heating and all the subsequent problems that causes, and then accuse me of causing the over heating, or something.
Hopefully Smyths will now acknowledge that they do have a responsibility to their customers, and refer this problem back to sony. I'm sure they will when it starts costing them enough. Good luck to anyone else fighting their corner, Smyths or otherwise.
Edit: I won't be buying my replacement from Smyths, not that I hold a grudge, but, as I also told the judge, I have already replaced it with a 250gb slim model that I bought from extravision who declared that they would replace FOC if it broke down within a reasonable period of time.

joe316 · 23-09-2010 08:22AM

Great work, im going to call into smyths where i bought mine over the weekend which is actually naas too.

Do you mind me asking what was the name of the manager that you had in court? (if you dont want to put it on the board, a pm would be great)

cheers

leshogan · 23-09-2010 09:17AM

norrie rugger wrote: »

My own case date has been set as the registrar stated that Smyths have ignored the last communication to them

well done slick

I was on to the regisitrar in Limerick, Smyths have also ignored the last communication here, Registrar told me that if he does not get a response in 28 days, I must come in to sign an affidavit that i wasnt offered a replacement, then the sheriff will seek my compensation from smyths. Job done (28days up next week)

Slick50 · 23-09-2010 09:40PM

joe316 wrote: »

Do you mind me asking what was the name of the manager that you had in court? (if you dont want to put it on the board, a pm would be great)cheers

Sorry, honestly can't remember the girls name, but I'm pretty sure she was the general manager rather than the software manager. I doubt Smyths will have had time to digest this result yet, and sent word down to the store level to change policy. Remember these decissions are made at head office, but it will be hard for staff at the store that lost their case in court, to continue with this line of bull.

Re: the lads waiting for court dates. According the SCC information site, where a respondent fails to reply, it is treated as undisputed. At this point the registrar is supposed to put it before the judge to formally have an order made in your favour. Although the fact that they responded initially may change this. I suspect you'll be offered free refurbs before it goes to court.

I don't think the sheriff can get involved untill there has been an order made by the court, and even then the respondent has to refuse to abide by it.

ps3 and small claims court

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