Xbox 360 & the small claims court

That is it. I have had enough of Microsoft. They have had my xbox for the past three months and not done a thing!!! I just filed an online application to the small claims court. I didnt have a clue what name to put down so I am suing Bill Gates

I understand he gets up to 1 million emails a day and has a 10 staff members scanning his emails.

Does anyone know who I should write down on the small claims application???

KdjaCL

In your EULA the legal **** you got with your xbox should be a company name.



kdjac

3rdDegree

Deleted User wrote:

That is it. I have had enough of Microsoft. They have had my xbox for the past three months and not done a thing!!! I just filed an online application to the small claims court. I didnt have a clue what name to put down so I am suing Bill Gates

I understand he gets up to 1 million emails a day and has a 10 staff members scanning his emails.

Does anyone know who I should write down on the small claims application???

Have MS given any reason for this? Seems totally unreasonable!

vms7ply9t6dw4b

You dont have a contract with Microsoft so you cant sue them. They havent breached anything its just shoddy treatment.
You should have insisted the retailer sorted it for you and in this case they would have been the people to claim against as they are obliged to complete repairs within a reasonable time.

Your wasting your time with the small claims court unless it went back for repair through your retailer.

Makaveli

Did you read his post? Microsoft has had posession of his 360 for the last 3 months, it has nothing to do with the retailers.

Actually I was in contact with the department of consumer affairs. Under the consumers act I do have a contract with Microsoft. They have to provide me a permanent fix for my console even if it is out of warrenty. I am entitled to a permanet fix or my money back

So stick it up your "A" hole Microflop !!

PS Winners Eat Frosties

KTRIC

I'm in a similar situtation with an Irish insurance company. I don't know what name to put down on the Small Claims form ?

In this case Bill Gates would be the wrong person, he's not the CEO of the company anymore. Surely the Director of the particular department that is over repairs would be the responsable person !!. Can someone correct me on this.

Julez

Can you let us know how you get on with that, mines out of warrenty and went belly up today! Let us know what you say to them if your successful too! Good luck.

Note to Self:
Eat Frosties more often

You would of thought at this stage what with the high volume of return repairs they would just go and do a total recall and instead of MS releasing a new "paint job" 360 they would of went and put new and better inner components into the console and give of those.

koneko

I presume you were in contact with MS, what reason did they give? What did they say? When did you speak to them?

robinph

I saw an article recently about someone who had an issue with Dell and was sueing them for something or other, but he put their address down on the claim as being on of their small shops that they own in shopping malls in the US rather than the corporate HQ. The letter obviuosly then never made it from the little shop to their legal department and so Dell never turned up in court and he therefore won by default and Dell could not appeal seeing as they had ignored the summons to appear in court.

Dam my small claim just got rejected.

"Thank you for your Small Claims Application. Unfortunately this application as framed does not fall under the Small Claims Procedure Rules and cannot be accepted".

Obiously I am suing the wrong person and do not have enough information. I think ill get onto the department of consumer affairs tomorrow.

I would advice anyone whos machine is out of warrenty to contact the department of consumer affiars. I think the one year warrenty is only between yourself and the shops.

Microsoft originally tried to make my pay 120 euros to get it fixed. Then I said I was onto the department. They then said as a good year guester they will extend my warrenty by another year.

Still nothing after three months

Ass H****

koneko

Okay, so good will gesture of extended warranty, but after that?

When did you talk to them last? What did they say when you asked why it was 3 months later and you have nothing? Did they give a reason/excuse/anything? What did they say?

TheDoc

If your machine is out of warranty, you arnt entitled to a free fix. Your initial contract is between you and the retailer of the product, and standard across the board policy is that after 30 days, broken items are returned to manafacturer for repairs. The retailer is obliged to do this task for you, or assist you in every way possible.

I'm not too sure but I assume the 360 comes with a one year warranty, in wich if anything happens to it deemed manafacturer fault and not consumer error, then you will be entitled to a repair or replacement free of charge.

If however you are out of the one year guarantee, your entitled to sweet **** all mate, so Id save the effort. If you were out of warranty and sent your xbox away to be fixed then A) you are going to pay for it big time and your gna have to wait for it to be fixed.

Unfortunate but its fact, if you were entitled to **** outside of warrantys, you wouldnt get one in the first place.

Retr0gamer

Isn't it EU law that all companies have to give a warrantee of 3 years for electronic goods meaning MS's 21 year warrantee is bull. Was something posted along those lines a few days ago.

RuggieBear

Retr0gamer wrote:

Isn't it EU law that all companies have to give a warrantee of 3 years for electronic goods meaning MS's 21 year warrantee is bull. Was something posted along those lines a few days ago.

http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31999L0044&model=guichett

I think that's the directive. Consumer goods have to have a 2 year warranty but there are probably lots of exceptions

Oh i fogot to mention the reason why my xbox is still under warrenty is becuase it broke after 6 months after I bought it so they have to offer me a permanent fix for the xbox. I just got onto Microsoft feckers and they told me its in the post (which is what they told me before). This time i beleve them. I said if i dont recieve it next week ill send them a court order. I do get compensated (i was offered crap like free Viva Pinata, PGR3, or Perfect Dark, or a conrtoller. I told them I just want my console back).

Fingers Crossed.

monument

This is the only small claims court case I've seen about a games console... anybody know of others?...
http://www.gamestoaster.com/games_toaster/2005/06/post_2.html

Julez

monument wrote:

Yes, you are if the fault is not created by you (ie if it is a design fault etc).

Do you have any kind of link to back this up?! Not that I don't believe you just that I'd like to have something solid to bring onto MS.

monument

Yes, links below, but this bit of advice from the is always best as a starter...

"Before complaining, ensure you know where you stand legally "Know your rights" but do not be too quick to quote your legal rights. Sometimes the light friendly touch will work better".

http://www.consumerassociation.ie/rights_knowrights.html
http://www.irishstatutebook.ie/ZZA16Y1980.html
http://www.basis.ie/home/home.jsp?pcategory=14987&ecategory=14990&sectionpage=10339&language=EN&page=&link=link001&doc=12013&doclistid=15004&logname=Consumer%20Rights%20%C2%96%20Sale%20of%20Goods%20Act[1]&urlcode=

Yes obiously I have a backup. I dont have my console back is my backup!!!

TheDoc

ill guarantee you if you walk into a store and say that your electronic good is guaranteed for 2 years under eu law you will be laughed at.

You must understand that stores are obliged to a 12 month contract on your goods, after that its out of their hands and you must deal directly with the manafacturer.