ps3 and small claims court

johnny_adidas

time to draft up my own letter, just died. want BC2 game out first, which unfortunately cant be gotten out using the eject button. luckily, thanks to boards, i have the day i got mine and credit card company sending out my statement as proof of purchase. have it since oct 07, disappointed its packed in now but was mentally prepared after all the horror stories on this thread. Wish me luck.....

norrie rugger

To those that won their cases, would you mind sending on your case numbers?
My case is finally approaching and having past case numbers would be great

johnny_adidas

well i went to retailer and got the whole "you are only entitled to 12 months warranty and that's it" even after i continually stated about SOGA and my statutary rights so ive got head office address and will be writing to them.
She wouldn't even check the system to see if it was indeed still on there as registered to my name, saying only tvs were registered. (tried to be very smart saying oh you hardly still have a credit card statement showing you bought it)
So i will be asking head office for a copy of my records also as per their terms and conditions.
should i wait for a response to my email to sony or plough on ahead with the retailer in meantime?

Varik

johnny_adidas wrote: »

well i got the whole "you are only entitled to 12 months warranty and that's it" even after i continually stated about SOGA and my statutary rights so ive got head office address and will be writing to them.
She wouldn't even check the system to see if it was indeed still on there as registered to my name, saying only tvs were registered. (tried to be very smart saying oh you hardly still have a credit card statement showing you bought it)
So i will be asking head office for a copy of my records also as per their terms and conditions.
should i wait for a response to my email to sony or plough on ahead with the retailer in meantime?

What are you asking Sony for, and who was saying "you are only entitled to 12 months warranty and that's it" Sony or the retailer.

johnny_adidas

Varik wrote: »

What are you asking Sony for, and who was saying "you are only entitled to 12 months warranty and that's it" Sony or the retailer.

Retailers store manager/person was saying im only entitled to 12 month warranty and thats it.

I contacted sony by email last night to show I had exhausted all avenues if it goes to court so to be honest im just waiting on their 'standard response' really (i asked them for the same thing as retailer, a repair FOC)

Should probably just go ahead and fire off this letter to retailer head office

johnny_adidas

reading various forums there seems to have been been a sudden increase in failures of 60gb models bought late 07, in particular since the latest update, although that may have been completely unrelated

noodler

Did the success of other board users not come from taking retailers, rather than Sony, to court?

Yellowledbetter

noodler wrote: »

Did the success of other board users not come from taking retailers, rather than Sony, to court?

My success came with a strongly worded letter to the retailer letting them know in no uncertain terms that i was more than willing to go to court(letter is in this thread somewhere waaaaay back)
Start with the retailer lads,know your rights and dont let them bullsh!t you.
Best of luck

johnny_adidas

sent a registered letter to retailer HO so will be waiting few days for reply. I am happy to go to court about this if needs be as at the moment I have a dead ps3 with a game stuck in it and dont really need to pay out €160 for a refurb as I will be too busy in the coming weeks to get much game time in anyway

Slick50

Don't have my case number, but all the relevant details have been posted earlier, ie. date, court and defendant, around page 31 or so. Best of luck to you both with your cases.

deadanonymau5

jeez 39 pages, alot of reading for me to do so.

kippy

Those page numbers are dependant on how many posts per page you are viewing.
Post numbers would be more accurate.
I can see there are 15 or so pages in this thread as I am viewing 50 threads per page (the way to go imho)


Great thread by the way and great to hear that the consumer can get something out of these guys.

F1ngers

deadanonymau5 wrote: »

jeez 39 pages, alot of reading for me to do so.

kippy wrote: »

Those page numbers are dependant on how many posts per page you are viewing.
Post numbers would be more accurate.
I can see there are 15 or so pages in this thread as I am viewing 50 threads per page (the way to go imho)


Great thread by the way and great to hear that the consumer can get something out of these guys.

+1
15 pages long with 40 posts per page.
Go to UserCP and edit options - scroll down to find the option to increase posts per page.

johnny_adidas

UPDATE

Have received a letter back from head office stating that the item is outside of manufacturer's warranty (by almost 3 years by their counting - Oct 07 :rolleyes:) and that although my contract is with the retailer, faults are dealt with the warranty process. (and one line at the end of a two page letter saying this does not affect your statutory rights) No mention/comment of Sale of Goods or reasonable durability/lifespan.

So according to them i can get a refurb model or '"at best" a 120gb slim model for €160. Game stuck inside will be returned once removed by the returns engineer. Guess its time to head to the SCC website and leave it up to a judge

deadanonymau5

johnny_adidas wrote: »

UPDATE

Have received a letter back from head office stating that the item is outside of manufacturer's warranty (by almost 3 years by their counting - Oct 07 :rolleyes:) and that although my contract is with the retailer, faults are dealt with the warranty process. (and one line at the end of a two page letter saying this does not affect your statutory rights) No mention/comment of Sale of Goods or reasonable durability/lifespan.

So according to them i can get a refurb model or '"at best" a 120gb slim model for €160. Game stuck inside will be returned once removed by the returns engineer. Guess its time to head to the SCC website and leave it up to a judge

Didnt read your previous posts but found this, may be too late

Force disk eject

Press and hold down the Eject button on the front of the PS3 for about 10 seconds to force the system’s drive to eject.
Useful for example if you try to launch a PS2 game and it freezes. You should be able to force eject the disc and then force shutdown the system.

johnny_adidas

Doesn't work on the original model unfortunately

deadanonymau5

Anyone here ever get a repair instead of replacement?

Also im on page 7 of 15

Strangegravy

johnny_adidas wrote: »

UPDATE

Have received a letter back from head office stating that the item is outside of manufacturer's warranty (by almost 3 years by their counting - Oct 07 :rolleyes:) and that although my contract is with the retailer, faults are dealt with the warranty process. (and one line at the end of a two page letter saying this does not affect your statutory rights) No mention/comment of Sale of Goods or reasonable durability/lifespan.

So according to them i can get a refurb model or '"at best" a 120gb slim model for €160. Game stuck inside will be returned once removed by the returns engineer. Guess its time to head to the SCC website and leave it up to a judge

Which retailer was this Johnny...?

pippip

My 20gd ps3 died last week, 4and half years old. The YLOD.

Got the game out. Power off at the back and hold the eject button as you power it back on. This starts the fan test process, as soon as this starts keep pressing the eject and the disc pops out. Then it promptly dies with flashing red light.

Will save up and get a new one in a month or two. To be honest it had been occupying too much of my time lately.

Serbitar

My 40gb phat no longer feels the need to read any discs, which seems to be the most common problem in the thread. Bought it late June '08 in Game. As a student who is incapable of getting a job, replacing it out of pocket isn't really an option. I've read about the 6 year statute, and considering I paid about 500 for it (months before they dropped the price) 3 years before breaking really isn't on. Are there any suggestions as to what I should lead with (if anything) in a complaint to Game?

Strangegravy

My 3 and a bit year old PS3 went YLOD couple weeks ago, I hadn't heard about anything going wrong with them until it happened, then I looked online and saw it was a big problem... Anyway, letter send to retailer on Friday based on a few of the posts, comments and templates posted on here, hoping they'll be reasonable, will see what response I get.

johnny_adidas

update 2 : claim accepted and claim notice served to respondent. i wont be publishing any names/case numbers etc until such time as its all over and done with. fingers crossed things go in my favour. really missing games now, in particular battlefield

deadanonymau5

johnny_adidas wrote: »

update 2 : claim accepted and claim notice served to respondent. i wont be publishing any names/case numbers etc until such time as its all over and done with. fingers crossed things go in my favour. really missing games now, in particular battlefield

Good luck!

Strangegravy

Good luck with it!

pippip

Cannot believe it, as mentioned above got the ylod last week On 4 yr old system and just discovered the wife threw out the receipt two weeks ago while cleaning

Ffffffffffffffffffffffffuuuuuuuuuuuuuuuuuccccccccccccccccccckkkkkkkkkkkkkkkkkkkk

johnny_adidas

ouch, bought with credit card by any chance? they had a record of my statement from 07

Victor_M

My 60Gb Phat gave up on me on Thursday!

I was on to Smyths Blanch to see about a replacement, the guy I was chatting to said Sony don't offer refurbs any more as they were have too many issues with them failing.

Now he said that they are replacing like for like so I'd would be getting another 60Gb Phat back, are they really still making them? I don't want to shell out €160 and have the same issue reoccur (almost guaranteed) in the future.

Is it possible to get a slim model off them instead? These YLOD & RLOD issues seem non existent on the new ones. It probably costs Sony less to provide one of the newer ones too.

norrie rugger

Woo hoo
full refund given. Judge did not buy the Smith's rep's side

whiterebel

norrie rugger wrote: »

Woo hoo
full refund given. Judge did not buy the Smith's rep's side

Well done, NR.:D

Slick50

Congrats, well done NR. Worth the wait!