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ps3 and small claims court

Messi19

Hi

Just wondering has anybody had any success in filing a case against a retailer in the small claims court over a faulty ps3?

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Messi19

Slick50 wrote: »

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

Best of luck for tomorrow

Basq

Yep, best of luck Slick50.

Retr0gamer

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

Slick50

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

Congrats Slick50...

.. that's a RESULT!

Elessar

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

WELL DONE SLICK!!!

I have such a big grin on my face

Retr0gamer

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

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

Savage job. Fair play!

BArra

well done slick

delighted for you

Yellowledbetter

Congrats Slick,very well played

whiterebel

Well done, slick, mate. Great result.

wcarey1975

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

3rdDegree

Did the guy from Smyths speak at all?

joe316

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

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

Clover

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

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

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

well done slick

leshogan

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

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

Congrats Slick50 and good look to those next up.

cabrwab

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

3rdDegree wrote: »

Did the guy from Smyths speak at all?

This.

Well done but what was the manager's argument?

eddhorse

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

Slick50

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

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

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

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.