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Console Ban 3-9-11 (Mod Warning Post #755)

NORTH1

Hi Guys looking for some advice and help!!

I was playing Black ops Zombies new maps this morning went out to a football match, came back this evening turned on the console to receive a message the console has been banned for violation of terms of service.

Now I rang MS xbox live to be told they dont discuss banns and there is no recourse!!

Now this got me really mad.

Now the facts are I bought this console new over a year ago after I had disk drive problems with my last console, which had also had the red light problem just outside its warranty period before that( in fairness MS fixed no problems).

I have had this account since for god knows who long it was an original xbox account with no problems.

Now the interesting part is they have banned the console but not my account so they have confirmed they will take my fee in December as usual.

And the rep also confirmed that if I want to use my account I will have to buy a new xbox!

Does this not sound a little like a scam!? there is no recourse remember!!

Anyone with any experience or advice on this would be most helpful I have a senior supervisor calling me tomorrow but the rep as said that he wont be able to help me either!! Just great!

Regards,

Brian

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Meesared

NORTH1 wrote: »

you are making my point for me now why block the console and not the account? and it has been made clear by MS that my account is not banned and will auto renew my account from my credit card when it comes due. What point is there having a live account without a console to use it on?
MS want me to buy a new console!

Well I am hoping Irish consumer law protects me from this practice.

Sorry but i can assure you it doesnt

You said yourself you have a second console, put the account on that, use what ever time you have left and turn off the auto renewal, problem solved.

jhegarty

Meesared wrote: »

Yes but his account is fine, it has not been banned, he could take his account and move it to another console, and redownload any previously purchased content again back to that console and he would have no problems.

Doesn't matter.

If you bought a car from Ford. Then one they it wouldn't drive over 30mph because they locked the speed.

Would you have a case ?

After all , the still works (just not over 30mph). And you could always buy another a car and that would work at full speed.

darklighter

Feel sorry for you man. I would be tearing my hair out if this happened to me.

You plainly arent going to get an answer from MS which leaves you with 2 options: 1) Buy a new console [around 185 bucks in gamestop & harvey norman at the moment] 2) Go the legal route and talk to a solicitor about whether you have some comeback under consumer law or data protection.

Personally if i was 100% sure I or someone else had done nothing wrong, i'd seek legal advice because I hate big business not providing decent customer service. (Although it would probably be cheaper to fork out for a new console unless you know a solicitor).

To be honest, I dont get the attitude people have of let all the fuss calm down and see if MS put out a press release etc. The OP has been without the service he has paid for, for nearly a week and is adamant he has done nothing wrong. Why shouldnt he seek recourse ASAP?

NORTH1

Meesared wrote: »

Yes but his account is fine, it has not been banned, he could take his account and move it to another console, and redownload any previously purchased content again back to that console and he would have no problems.

you are making my point for me now why block the console and not the account? and it has been made clear by MS that my account is not banned and will auto renew my account from my credit card when it comes due. What point is there having a live account without a console to use it on?
MS want me to buy a new console!

Well I am hoping Irish consumer law protects me from this practice.

Meesared

Yes but his account is fine, it has not been banned, he could take his account and move it to another console, and redownload any previously purchased content again back to that console and he would have no problems.

jhegarty

Meesared wrote: »

You can still use your console offline, you are banned from Live, thats all

But the op has paid extra for the online services. For example the multi player maps mentioned above. He has now been banned from these.

Meesared

You can still use your console offline, you are banned from Live, thats all

NORTH1

yoyo wrote: »

Have you ever got "disc read error" or "disc unreadable" when trying to play black ops, halo, mw2 or any of those games, an instant error not mid game. Microsoft have a Anti Piracy check AP2.5 which is activated on certain games, which challenges the DVD drive to send a certain response. If this challenge fails your console will be flagged for a ban.
As Microsoft use wonderfully reliable hardware in their machines :rolleyes: sometimes the DVD drive can act up, and it has been suggested people with dodgy DVD drives/discs (bad lasers, dirty discs/scratched discs) could be flagged (due to failing this AP challenge.
Its a bit of a long shot but if you recall getting such an error before the game boots (if it happened during the game your probably ok, the challenge only occurs when the game boots first) ,

Nick

The Viva pinata and the lego star wars disks are in pretty bad shape as the kids leave them on the floor. I have a disk repair machine beside the console the gets used quite a bit. These games would often get a disk error, but I have polished them to a mill of the life.

I have had no problems that I can remember from the games you listed as they do not get left in the console.

NORTH1

Meesared wrote: »

MS are entitled to ban people from Live as it is a private network

Heres where I think your wrong, they didnt ban me to told me they are blocking my unit(for reasons they wont go into) go buy another.

NORTH1

jhegarty wrote: »

T&Cs don't override consumer legislation.

Yes MS have that in their on terms but how do I find out what the legislation is in this matter or does anyone here have any experiences in something similar?

Thanks

Meesared

jhegarty wrote: »

T&Cs don't override consumer legislation.

MS are entitled to ban people from Live as it is a private network

jhegarty

Meesared wrote: »

Small claims will get nowhere, so drop that idea, the Terms of Use is watertight as I said earlier. The OP's only hope is if he finds out why he was banned, hes not getting unbanned, it does not happen trust me I know.

T&Cs don't override consumer legislation.

Meesared

Small claims will get nowhere, so drop that idea, the Terms of Use is watertight as I said earlier. The OP's only hope is if he finds out why he was banned, hes not getting unbanned, it does not happen trust me I know.

RangeR

If it was me, I wouldn't accept MS's response of "You're banned and we're not telling you why".

1. Find out what their complaints process is and follow it
2. Write a Formal Letter of Complaint. Mention the words "Formal Letter of Complain in your opening line". Detail your issues and request a favourable resolution
3. Proceed to Small Claims Court. only costs you €15.

If you have modded either of your two units, walk away.

NORTH1

Meesared wrote: »

Trust me the terms of use are watertight, you take this to court you will get laughed out of it. Yes customer support has no access to why people are banned, so there is very little point hassling them. Also you dont get console banned for no reason, something has happened, whether you realise it or not.

Trust me your not getting your console unbanned, ever.

Can anyone confirm that this is true?

This is the standard reply you get on the box forums " look your guilty, we know your guilty, we are not saying how we know your guilty, now go away and buy a new console and don't do what you did before"

Am a wrong in feeling grieve? I have been labelled a thief on another forum!

Meesared

Trust me the terms of use are watertight, you take this to court you will get laughed out of it. Yes customer support has no access to why people are banned, so there is very little point hassling them. Also you dont get console banned for no reason, something has happened, whether you realise it or not.

Trust me your not getting your console unbanned, ever.

Kevtherev

If you go tithe xbox live forums there is a "why was I banned" section you can post in. A member of the xbox live enforcement team will look into your ban and also let you know the reason for it.

Also check out whywasibanned.com fir an idea as to what generally gets folks banned.

NORTH1

My case if I push this to the court would be in Irish consumer law can they make a unit I bought from them unfit for purpose I bought it. without any notice and still charge for that service by informing me I can buy a new unit.
They have admitted doing this claiming I broke their terms of service the frustrating thing is they won't say what it is I did wrong!

What ever I did wrong will be made alright if I buy a new console.

That cannot be right?

NORTH1

There has not been any modifications of any type carried out on the box or it's operating software other then the updates by Msoft it's self.

Transfer of profiles between the consoles is a part of consoles operation. if a player wants to play in one room or the other they transfer the profile to the other machine.

Zab

foggy_lad wrote: »

Their terms and conditions will ban transferring content from one machine to the other even though you may own both and have bought the same content for both, you said yourself you transferred content which was on one machine onto the other which is as good as copying it and against the T&C. I doubt they will entertain any claims you make.

I'd like to hear more about exactly what was done there.

However, it appears they've banned his console not his account which I'd imagine means they think the box has been modded.

foggy_lad

Their terms and conditions will ban transferring content from one machine to the other even though you may own both and have bought the same content for both, you said yourself you transferred content which was on one machine onto the other which is as good as copying it and against the T&C. I doubt they will entertain any claims you make.

Zab

Did you buy the console new or second hand? Did you mod the console yourself?

jhegarty

Make a claim under the data protection act for the reason you banned you.

yoyo

NORTH1 wrote: »

There is only two xbox live accounts and both connect to the live network. only one of the consoles is banned. I just seen the amount of people complaining on the cannot connect to live forum as the banned forum is not responding to anyone.

I also located Stephens email and sent a mail explaining my situation, both where I got is e-mail address his response seem a little automated.

There is also one of the mods on the xbox forum seems to be taunting the posters to go legal.

The same guy told another poster to go legal hope you have your evidence

Have you ever got "disc read error" or "disc unreadable" when trying to play black ops, halo, mw2 or any of those games, an instant error not mid game. Microsoft have a Anti Piracy check AP2.5 which is activated on certain games, which challenges the DVD drive to send a certain response. If this challenge fails your console will be flagged for a ban.
As Microsoft use wonderfully reliable hardware in their machines :rolleyes: sometimes the DVD drive can act up, and it has been suggested people with dodgy DVD drives/discs (bad lasers, dirty discs/scratched discs) could be flagged (due to failing this AP challenge.
Its a bit of a long shot but if you recall getting such an error before the game boots (if it happened during the game your probably ok, the challenge only occurs when the game boots first) ,

Nick

NORTH1

There is only two xbox live accounts and both connect to the live network. only one of the consoles is banned. I just seen the amount of people complaining on the cannot connect to live forum as the banned forum is not responding to anyone.

I also located Stephens email and sent a mail explaining my situation, but where I got is e-mail address his response seem a little automated.

There is also one of the mods on the xbox forum seems to be taunting the posters to go legal.

Lots of people complain after a ban wave it happens every single time, what help are you offering you've not resolved your own ban issue yet all you are doing it posting about petitions which never work anyway.
Take Microsoft to court, win and then write up about it on a social media site
Stepto's email sounded clear cut to me, they don't discuss specifics for good reason.

The same guy told another poster to go legal hope you have your evidence

Healium

Just out of curiosity.... Sign into LIVE with each of the extra accounts you have on that console, and see if any of those got banned. EDIT: Obviously your console is banned, but copy the Gamertags to a memory stick, and try them on the other console

Healium

hightower1 wrote: »

Just wait for MS to release a statement on the issue, your not alone in this nearly every major games site / blog has an article up in ref to it so a full statement is surely to be made. In the meantime just pick up deus ex and enjoy the hugely good single player game. By the time your done on the first play through they will have explained the mass bans.

Disagree. Think it's purely co-incidence. The current bans are for stealing Marketplace content, and seem to be Gamertag bans. If the OP had stolen such content, surely the Gamertag would be banned, too. Yet, neither his, nor his son's account are banned

hightower1

Just wait for MS to release a statement on the issue, your not alone in this nearly every major games site / blog has an article up in ref to it so a full statement is surely to be made. In the meantime just pick up deus ex and enjoy the hugely good single player game. By the time your done on the first play through they will have explained the mass bans.

NORTH1

Kenny Muscular Valor wrote: »

Seems there little you can do. I don't think you have a small claims case as their t&cs will cover it.
What was the third party content you bought??

Black opes zombies maps two sets one for each console it cost 2400 ms point which works out at over twenty euros.

ytpe2r5bxkn0c1

Seems there little you can do. I don't think you have a small claims case as their t&cs will cover it.
What was the third party content you bought??