Faulty Playstation 3 Rights


We have received many complaints regarding the so-called YLOD (Yellow Light of Death Fault) that is affecting a number of Sony Playstation 3 (PS3) owners and have created this guide to help them get their consoles fixed for free.

In the UK consumers have statutory rights that give them six years from the date of purchase to make a claim (five years Scotland) and these are in addition to any warranty provided by Sony. The Sale of Goods Act 1979 is fundamental and says that goods including the Sony PS3 must be:

Of Satisfactory Quality
This includes fitness for purpose and life expectancy taking into account the price paid and the nature of the item purchased.  We believe that it is reasonable to expect a high-end consoles such as the Playstation 3  to last 5 – 8 years when used in the home environment with reasonable usage.

Get your faulty Playstation 3 fixed for free

If you have just got it then you could reasonably expect your money back or a replacement rather than a repair.

If the PS3 was bought less than six months ago it is assumed to have been faulty when it was delivered and the shop has to prove otherwise.

However, when it is more than six months since you made the purchase then you have to prove that the console  is actually faulty and the retailer may ask for an engineers report. In practice, this is only likely to happen once the Sony warranty has expired.

After the warranty has expired it seems to be normal practice for retailers to simply shrug their shoulders and say they cannot do anything. There is no mention of your statutory rights! In these circumstances you need to stand firm and state that the PS3 is not of satisfactory quality and you are making a claim for a repair under the Sale of Goods Act and this is nothing to do with the warranty.  Here is a letter that you can use:

Dear Sir/Madam,

On 06/12/07, I bought a Playstation 3 60GB from Acme.com for £450 (including game) which is not of satisfactory quality.

The problem is the device goes into standby a few seconds after it is switched on.

Sony have quoted £145 to replace the Playstation 3 console with a refurbished model.
I wish to claim a replacement from Acme.com as my contract of sale is with you and it is reasonable to expect goods of this nature and cost to last longer than this. This is one of my statutory rights as described in the Sale of Goods Act 1979.

A copy of the proof of purchase is attached.

Please arrange for my Playstation 3 to be repaired or replaced or send me £145 within 14 days from receipt of this letter.

Yours faithfully,

Joe Bloggs

In response to this they are likely to ask for an engineers report to prove that the item is faulty, which is reasonably and to be expected. All you need to do is find a local reputable computer repair shop and ask them for a report. If the engineer concludes that the fault was caused during manufacturing, the retailer should reimburse you for the cost of the report and should agree to a repair. If it is not economical for them  to repair the console they can offer a replacement or a cash refund taking into account your usage.

Without an engineers report this is the type of response you will get:

Dear Sir,

I represent the Executive Customer Relations Group within Acme.co.uk and in this capacity, your correspondence has been brought to my attention.
I am sorry to hear of the difficulty experienced with the Sony Playstation 3 Console (60GB Version) received in December 2007 from your order #25484662.

The European Directive 1999/44/EC allows for a claim to be taken (under certain circumstances) for a period up to two years in accordance with European Law, and up to six years under UK law.
This does not imply that an item has a warranty of two years or six years respectively. It merely permits an individual to make a claim under certain circumstances within that time period, e.g. should a fault be proven to have been inherent in the first six months.

Acme do not provide the warranty. We do, however, cover our obligations under the relevant legislation such as the Sales of Goods Act 1979 in the UK. Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include, in certain circumstances, repair, refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature of the goods.

You purchased your product approximately 20 months ago and, until recently, have used it successfully and reported no fault with the product. Given your satisfactory use of the product for a period of time which exceeded the manufacturer’s warranty period, it is not established that the product did not conform to the contract (i.e. was defective) at the time of purchase.
In the absence of any additional evidence indicating that this product may have suffered an inherent defect, Acme.co.uk is not in a position to offer any additional assistance in repairing or replacing your product.

However, although we do not have any obligation to do so under the Sale of Goods Act or otherwise, in this circumstance as a measure of good will we would like to offer you a choice of the following resolutions:

  • An Acme.co.uk gift certificate to the value of 42 GBP.
  • A refund of 30 GBP.

Please note that gift certificate funds are only applicable to items being dispatched from and sold by Acme.co.uk.

Please reply directly to this letter to confirm if you wish to accept either of these offers as a full and final settlement in this matter and I will make the appropriate arrangements.

Please note that the manufacturer is often in a better position than the retailer to deal with technical problems affecting their products. We would therefore encourage you to contact the manufacturer to see if they are able to provide you with any further assistance. The manufacturer’s correspondence details are below, should you wish to pursue this matter further:

Manufacturer: Sony
Phone: 08705 111999

Yours faithfully,

John Doe
Acme
Customer Services

If the retailer won’t agree to repair or replace your PS3 and it is less than six years since purchase (five years in Scotland) then you will have to take them to the Small Claims Court.

It is worth bearing in mind that if you have paid by credit card, the credit card company is equally liable under Section 75 of the Consumer Credit Act.    This is especially useful if the retailer is being unresponsive or has gone out of business.


Comments on this entry are closed.

  • Tony 25 September, 8:48 pm

    I managed to get my 17 month old console repaired for free. And here is another example from someone who managed to get Game to repair a console after the warranty had expired:

    After my initial conversation with Game (previously posted on this thread), as they were not willing to budge, I threatened to take the case further and take them to court. Their reply is as follows:

    ‘Thank you for your email.

    I am very sorry for your frustration. The only thing we are able to do for you is to send it off for repair to TCR the console repair company.
    If you send it in to us at the following address we can send it off for you.

    Customer Services
    GAME STORES GROUP LTD
    Unity house
    Telford Road
    Basingstoke
    Hampshire
    RG21 6YJ

    Unfortunately this is the only thing we are able to do.
    Should the console be unrepairable then we will look towards a like for like replacement, such as a pre-owned console or a partial refund. ‘

    I am pleased that they are willing to repair my console free of charge but not over the moon about what they propose to do should the console be unrepairable.

    From: http://whatconsumer.co.uk/forum/technology/4101-replacement-ps3-problem-advice-5.html

  • Ted 27 September, 11:33 am

    Many of the YLOD are caused by overheating affecting solder joints and overheating is often caused by too much dust inside the PS3 which affects cooling. Newer versions of the OS have a standby feature that has mitigated the risk of overheating.

    If the engineer’s report finds that damage has been caused by water damage or a drop then the retailer will have no obligation to repair, replace or refund your money under the Sale of Goods Act.

  • russen80 30 September, 12:50 am

    Thanks to the help on this website and Martin Lewis, I’ve also been successful in claiming a free repair from the retailer. (Game.)
    My Playstation 3 is just 20 months old, and suddenly stopped reading any disc media. (No YLOD for me, thankfully.) I called Sony to ask how much a repair would cost… £100… cheek! The system cost me £300, and given the number of complaints made my Playstation 3 owners, there’s no way I was going to pay for this.

    I went into the retailers store (where I purchased the console) and spoke with an assistant, who claimed they can not help as the console is out of warranty. So, I wrote directly to the store manager, claiming my rights under Sales of Goods, stating the item is of unsatisfactory quality.
    I received a call from head office a few days later, who requested a few details, said they would reply in writing. A letter arrived a few days later detailing how to arrange for my free repair. The console is being picked up in a couple of days. Result!

    Before anyone out there claims that it’s potentially my fault… it’s not! I clean the console once a month, it’s well ventilated, and has never been bashed or knocked about. (I actually love the console, so was totally gutted when it broke down).

    I’m grateful for sites like this! I hope they help many others like me.

  • Tony 3 October, 10:48 am

    Another positive outcome from Game:

    I replied to GAME with this email and they did in fact repair my PS3 for free, thanks for all your help guys

    Dear GAME,

    After you receive this email containing the details you asked for, regarding the reparation of my
    Playstation 3, please could you clarify that the process will be free? Because, as I originally stated you
    have a contract of sale with me and the Sale of Goods act 1979 states that, as a Playstation 3 is essentially a high end DVD player, it is unreasonable for a Playstation 3 to last any less than 8 years. My statutory rights state that you shall replace or repair any product free of charge, which includes post and packaging, if the product lasts for an unsatifactory period of time. You even state yourself that any rights you give us when purchasing a product doesn’t affect our statutory rights.

    My PS3 Serial Number is __________________
    The date of purchase was ____________, the exact date was the same date that my reward card was first issued to me.
    My contact details are_________________
    Thank you for your time, I expect you to reply with an email confirming my free PS3 reparation.

    Yours Sincerely,

    From: http://whatconsumer.co.uk/forum/technology/7028-faulty-playstation-3-a-2.html

  • Natalie Searson 6 October, 1:30 pm

    Hi Tony, have read the forum avidly as yesterday my boyfriends PS3 stopped reading BluRay disks and games after and an update, this is a common fault that is talked about quite regularly since the updates release… however Sony are denying all knowledge obviously and no proof can be obtained.

    The manufacturer date is Oct 2007.

    Sony are digging their heels in, saying it will cost £127 for a new system with three months warranty.

    Obviously our arguement is we have to pay AGAIN for something that is meant to have a 10 year lifespan, AND it’s only going to have a 3 month warranty, so if it decides to do as the other did, we are stuck. Unless we line their pockets with the Continious Play warranty which I believe is £12pm.

    This console wasn’t bought in a store, have we lost all our rights?

    Thanks for any help you can give us with this, you are a great help to many, there should be more people like you in this world!

    Natalie.

    • Tony 6 October, 8:46 pm

      Hi Natalie,

      Thank you for your feedback. The problem is Sony have no contractual relationship with you and are not obliged to fix the console free of charge. Who did you buy it from, your contract is with them?

      Tony

  • Ian 7 October, 10:57 pm

    Hi Tony, excellent article and some very good points. My PS3 has recently stopped reading discs and I believe this to be a common fault with the laser. I originally purchased my PS3 from Zavvi in January 08 which subsequently had the same problem in August of last year, as this was still within warrenty Sony replaced the console for me. As I have now experienced the same error with a replacement machine and Sony are now looking for £100 to fix it (I am currently waiting for a call back from a supervisor from the Playstation careline regarding that) would I still be able to follow the same action as explained above with Zavvi or since it is a replacement colsole provided directly by Sony is my only option to deal with them?

    Thanks.

    • Tony 8 October, 12:23 am

      Hi Ian,

      A repair under warranty doesn’t affect your statutory rights with the original retailer. However, I think Zavvi has gone out of business. If this is the case and you paid with a credit card you will be able to make a Section 75 CCA claim.

      The repair itself was completed under the terms of the warranty and as there has been no consideration or payment your case against Sony would be weak. This would be a different matter if you had paid them.

      I hope this helps,

      Tony

  • Caroline 9 October, 10:06 pm

    Hi Tony

    This has been very useful as I have similar problems with a PS3 purchased 18 months ago which no longer turns on and indeed with a Sony 40″ LCD Bravia TV, which is also faulty also purchased at the same time! The TV has extended warranty so has been taken off site and after 7 days I have still not heard what is wrong with it or even when we will have it returned. We bought both from our local Sony centre in Basingstoke, who has been most unhelpful with regards to the PS3 saying the repair has nothing to do with them as it is out of warranty. They referred me directly to PS3 who tell me that I have to pay £128 for the door to door courier pick up service, and I am just not prepared to pay this for a reconditioned machine that is not mine AND only guaranteed for 3 months!!

    I am prepared to challenge the Sony retailer with the Sale of Goods act and think it totally unacceptable to be fobbed off with the argument that the fault is rare (only 2,500 have faults – where do they get their statistics?!).

    Caroline

    • Tony 9 October, 10:23 pm

      Hi Caroline,

      I think I went for the same deal was it a 40″ Sony Bravia with a PS3 for £100?

      You need to challenge the retailer as this response is not acceptable, although it is a common one : (

      Remember, one outcome might be a repair, another would be a like-for-like replacement (i.e. reconditioned) and finally they may offer a refund after deducting an amount for the usage you have had.

      Also, if you did pay for the reconditioned one the 3 month guarantee is in addition to your statutory rights. You would have the same protection under SoGA for the reconditioned one starting from the date of the transaction. However, the life expectancy would be considered to be shorter as it is not brand new.

      I hope this helps,

      Tony

  • Chris D 11 October, 9:23 pm

    Looking for some advice, 29th June this year paid Sony £145.00 to get my out of warranty PS3 fixed had the dreaded YLOD got a refurbished system with a 3 month warranty wasn’t happy paying out last time now 11th October and my refurb ps3 has wont read any type of disc do you have any advice as I have been quoted £128 by Sony for another console.

    Regards

    Chris

    • Tony 11 October, 10:10 pm

      Hi Chris,

      Basically, you have bought a refurbished Sony PS3 from Sony in part-exchange for your old one. If you think of it like that the whole of this article applies i.e. you have a contract of sale with Sony as the retailer in this case and the Sale of Goods Act applies.

      Tony

  • Chris D 12 October, 9:09 pm

    Tony

    Thanks for the advice Tony, has done the trick Sony collecting and repairing free of charge, thanks for the advice.

    Regards

    Chris

    • Tony 12 October, 9:42 pm

      That’s great news – thanks for letting me know. One thing I forgot to mention, which is in the article. When something is less than six months old and develops a fault it is assumed to be faulty on delivery and the retailer has to prove otherwise. Happy gaming.

  • Andy 15 October, 10:48 pm

    Hi

    I got a 60 gig ps3 a bit over 2 years ago it died a week back, Phoned Sony as I could not find my receipt and was unsure if paid on card or cash I did not chase the retailer.

    I paid Sony for a refurbished 60 gig ps3 which I have had 2 days and already has problems. I phoned Sony 3 times explain the problem each time getting a different response. The issue is it will not play some of the new games I purchased or save game data. Fifa 10 and Uncharted 2.

    Now Sony will exchange this for another refurb but my question is do I have any ground as to a refund. If I’m honest I love ps3 but I would feel safer with refund so I can go out and get a slim model. I have spent almost £500 and so far feel rather let down by what I have experienced. Sony offered me an extra month warranty to 6 months when I told them of my dissatisfaction on the phone but I asked to speak to a supervisor none was available so should be receiving a call back.

    Any help would be much appreciated.

    Regards

    Andy

  • Tony 15 October, 11:42 pm

    Hi Andy,

    I am afraid you need to give the opportunity to repair or replace the console before you ask for a refund. However, you may be able to appeal to their better nature. Did you say you paid £500 for a refurbished PS3?

    Tony

  • Andy 16 October, 12:57 am

    Hi Tony,

    What I meant was I have paid around £500 in total £349 when i bought the ps3 and then £140 for the refurb from Sony.

    Well they have offered to exchange it with another refurbed ps3 on Monday. so looks like I will have to go with that.

    Thanks

    Andy

  • Paul 19 October, 12:16 am

    Tony,
    My son bought a ps3 (60gb) from Amazon just over 2yrs ago. Within the first year (at approx 10 mths) the unit failed and was replaced by Sony with a reconditioned unit free of charge. This unit has also just failed and Sony are asking for £128 to replace it with another reconditioned unit.
    As the first replacement by Sony was free of charge under guarantee should/can this be pursued with Sony or Amazon?
    Regards,
    Paul

    • Tony 19 October, 9:56 am

      Hi Paul,

      You should go to Amazon, as the first one was replaced under warranty and no money changed hands the warranty contract with Sony is not covered by the Sale of Goods Act. Amazon will probably send you a standard reply similar to the one in the article above. You could anticipate this by getting an engineer’s report that will hopefully demonstrate that the unit has not been damaged by misuse.

      Good luck

      Tony

  • Justin 19 October, 7:25 am

    Hi,

    I bought a PS3 last year from Great Universal at the end of November. It now has developed the YLOD. I don’t have an account with them no more but still have the statement with date on it. Would Sony still fix this for free as it is still under 1 year old.

    Thanks

    Justin

    • Tony 19 October, 9:57 am

      Hi Justin,

      I think so as the statement with the date on it should be adequate proof of purchase and demonstrate that you are party to the contract.

      Tony

  • Niall 19 October, 2:49 pm

    I rang up Sony, they said because my ps3 was out of warranty there was no way at all I could get a replacement for free. I said all this stuff of how other people get theirs fixed for free when there warranty ran out and yet I have to pay?

    Is there anything i can do ?

    My warranty ran out 10months ago and i dont work as i still go to school, how am i supposed to get 128 quid? lmao

  • Tony 19 October, 2:53 pm

    Hi Niall,

    Sony are correct the warranty has expired, but this is in addition to your statutory rights. You need to contact the shop that you bought it from.

    Tony

    • Niall 19 October, 3:28 pm

      Is it possible to claim off your home insurance for ps3s?

      • Tony 19 October, 3:31 pm

        Yes, assuming your are talking about accidental damage and that is included in the policy. However, the policy would not cover things that have broken down unless the policy also includes some kind of extended warranty provision.

  • Robert 19 October, 8:42 pm

    Hi Tony,

    I have had my ps3 since its launch date.

    I had no problems until firmware 3.o was released.

    i have been chasing the issue and trying to get my ps3 fixed for free as i refuse to pay £128 for sony to possibly send me a refurb.

    i have spoken with consumer direct who told me to go to amazon as i was out of warranty with Sony. I did this and got a similar response to your letter above. Amazon are not going to repair replace or offer a refund.

    I quoted the sale of goods act, and stated that i had spoken with Consumer Direct. I asked to be put through to their legal team, or a supervisor to air my views (being polite and courteous at all times.

    After getting nowhere with amazon or sony, consumer direct informed me to get an independent report done locally. Trading standards could not supply details of anywhere locally to help, however, after spending time searching i have found a place.

    I am going to get my report done and if the report shows that it is an inherent fault, what would be my best route from there.

    I will not who be paying any money point blank to get this fixed, and am willing to go to court if need be.

    The consumer cannot let Sony get away with treating their valued customers like this. I have spent in total over £1700 on my ps3 and peripherals, games etc.

    Please can you help me with this, as i hope to stick it to Sony for all of us who have been let down by Sony.

    Many thanks,

    Robert

    • Tony 19 October, 9:01 pm

      Hi Robert,

      I am happy to help – many people will give up at the stage you are at. Once you have the report and assuming it shows there is an inherent fault you need to write a letter to Amazon similar to the one in the article able (an e-mail will do). Adding something like this:

      The engineer’s report attached establishes that the PS3 did not conform to the contract (i.e. was defective) at the time of purchase.
      This evidence demonstartes that the product has suffered an inherent defect.

      In addition to your repairing or replacing this faulty PS3 I also expect you to pay £55(?) to reimburse me for the cost of the report (invoice attached).

      Best wishes,

      Tony

  • Bryan 20 October, 11:26 am

    Response from Amazon having sent above letter – can anyone help me from here?

    -Dear Mr Williams,

    Thank you for contacting us at Amazon.co.uk.

    Please accept my apology for the difficulties with your order for “Sony Playstation 3 Console (40GB Version)”.

    Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include, in certain circumstances, repair,
    refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature
    of the goods.

    Your item was dispatched to you in December 2007 and, until recently, you have used it successfully and reported no fault with the product. As you used the product satisfactorily for a period of over 20 months it is not established that the product did not conform to the contract (i.e. was defective) at the
    time of purchase.

    Given our obligations to you under the Sale of Goods Act and, taking into consideration that you have used this product, without experiencing problems (to our knowledge), for a period of over 20 months we will not be offering you a repair, full refund or replacement.

    Moreover, if you believe that your item has an inherent fault, we advise you to report that to the manufacturer for a further assistance.

    Regards,

    Amazon

    • Tony 20 October, 9:06 pm

      Dear Bryan,

      You need to establish that the console has an inherent manufacturing defect and has not been damaged by misuse e.g. a drop or water damage.

      To do this you need to find a reputable computer engineer who can produce a report for you.

      This is similar to Robert’s situation above:

      http://whatconsumer.co.uk/faulty-playstation-3/#comment-2325

      Tony

      • Bryan 26 October, 12:18 am

        The Amazon supervisor advised via email that even with engineers report they would not be issuing repair, refund or replacement or cost of repair but they have upped their offer from £30 to £40 cash or £55 amazon vouchers. I have now written directly to the complaints dept enclosing all correspondence offering settlement before further cost of engineers report is incurred.

        I am adamant I should not have to spend money on my PS3 whilst there are so many other users out there facing a similar problem even if it is only a small percentage. Sony have will have no customer loyalty if they do not face up to the batch of faulty components used in some of their PS3 machines produced ! (Car manufacturers would issue a recall at there expense to maintain their brand.) It is imperative that everyone makes a nuisance of themselves with the retailers as only they can make this happen.

        I will let you know the outcome !

    • Tony 2 November, 11:25 am

      Hi Bryan,

      The next step is to give them notice of court action. You have given them a reasonable opportunity to resolve your complaint and they have failed. Tell them you have no alternative but to seek legal redress through the small claims court unless this matter is satisfactorily resolved within the next 14 days. Also state that you will add the court costs to the amount you will claim.

      Good luck

      Tony

  • Adam 20 October, 12:52 pm

    An FYI for anyone dealing with Game as part of this dispute.
    I called them on Sunday, they directed me to Sony who attempted to charge £128. I then found this godsend of a website and tried again this morning, quoting the relevant law.
    I spoke with an obnoxious, rude, arrogant sales assistant who told me that he was a lawyer and that I was wrong. In the meantime though he gave me a Game customer care phone number to forward any complaints too.
    So I called this number (08712 003 068) and they told me that by going to http://www.totalconsolerepair.co.uk and filling in the form, entering my unique code that they provided, Game would cover the cost of the repair/replacement, or provide me with a trade in voucher equivalent to that which I would be given for trading in my PS3 in working condition.
    Half a mind to ring back the arrogant sod in the store and set him straight!

    • Tony 20 October, 9:00 pm

      Thanks for sharing that Adam and well done. I guess he can’t be a very good lawyer otherwise he wouldn’t be working in Game. Thousands of people are fobbed off every year by shop staff such as the one you had to deal with at Game – it is why we are here.

  • Chris 22 October, 2:03 pm

    Hi Tony,
    I bought a 60gb PS3 from Gamestation 2 years ago. Back in May it got the ylod. Not knowing what I know now I paid £100 to get it repaired at my local Chips store. Now that its got the ylod again (2 weeks after the 90 day warranty ran out!) I thought that I would try this way of repairing/ replacing my ps3 as I don’t feel as if I should be having to pay any more money on it as it is not my fault. Would the fact that I had it repaired change who I should be claiming to, or the claim itself?
    Thanks

    • Tony 24 October, 6:56 pm

      Hi Chris,

      If you attempt to get Gamestation to repair your PS3, they may well ask you to prove that it has an inherent fault and that Chips have not caused the fault. It might also be worth going back to Chips as you wouldn’t expect the console to develop the same fault within such a short time, the warranty is in addition to your statutory rights.

      Tony

  • Caroline 24 October, 5:29 pm

    Hi Tony

    In response to your reply of October 9, 2009 at 10:23 pm
    Yes, it was the same deal a 40″ Sony Bravia with a PS3 for £100! We have just had the Bravia back from the workshop as it had to have a replacement panel!

    Re the PS3 & YLOD, we challenged the retailer, a Sony Centre, under the Sales of Goods Act 1979 stating that it had an inherent fault and requested a repair or replacement. The response received today states;
    ‘You have a 1 year warranty on this product, which as elapsed and therefore we follow the procedure as we would for all oow Playstation produts which is (for you) to contact PS3 direct who will supply a replacement refurbished unit at a set cost. This is the procedure laid out by SONY for service to give customers the opportunity to quickly get a replacement machine at a very low cost.

    We feel that it was of merchantable quality and our obligation to repair or replace is fulfilled by the procedure set out above, albeit incurring a charge because it is outside the stated warranty period.

    You are welcome to contact PS3 yourself and they will confirm the procedure in detail for any non warranty items. Only they can offer soemthing different to what is laid out here. They respond very well to customers phoning directly and may look on your individual case sympathatically’.

    Well, I did just thatand phoned SONY PS3 direct. I had to demand to speak to a Team Leader and after about 4 phone calls eventually spoke to someone at PS3 other than a telephonist. However, the TL would not concede there was a problem or inherent defect with some PS3s. He went on and on about that there was such a small proportion of PS3s faulty, (he said only a few thousand) and millions that weren’t and that as our PS3 was long oow they would not offer us anything different to the standard £128 exchange for a refurb.

    Judging by the comments posted above, I am frankly reluctant to pay £128 for a refurb even if they were to offer 12 months warranty. Do I now get an independent report and persue the line you have advised above with the Sony retailer and threaten court action? I am not sure I have the time to go down this route or wish to go through the angst. Whilst I don’t think SONY should get away with this – I am vexed as the total we spent in December 2007 was £2.4k – some customer service? – I do feel cross that the retailer is trying to fob us off.

    Regarding getting a report, I don’t know who to ask. Any suggestions?

    Caroline

    • Tony 24 October, 6:59 pm

      Hi Caroline,

      Many people simply give up for the reasons you mention – too much angst and hassle.

      I can’t recommend anybody to produce a report for you. I would suggest that you find a local reputable PC repair shop in the Yellow Pages. These guys will often do console repairs too.

      Tony

      • Caroline 25 October, 8:31 pm

        Hi Tony

        I guess you are right, it is all too easy to give up and accept it isn’t it?! Guess that is what the retailer wants?!

        I will try a local PC repair shop. Assuming they come up with a diagnosis that it is an inherent problem, I can continue with insisting the retailer either pays for the repair or funds a replacement? I can’t find a template letter for follow up action. Can you please advise?

        Regards
        Caroline

      • Tony 25 October, 11:23 pm

        Hi Caroline,

        You can use the letter at the top of the article, just need to add in something like this:

        ” The engineer’s report attached establishes that the PS3 did not conform to the contract (i.e. was defective) at the time of purchase.
        This evidence demonstartes that the product has suffered an inherent defect.

        In addition to your repairing or replacing this faulty PS3 I also expect you to pay £55(?) to reimburse me for the cost of the report (invoice attached). “

  • Mark 25 October, 2:22 am

    Sorry in advance for venting.
    I got my first ps3 just under two years ago then a couple of days after warranty ran out the blu ray drive stopped working, so thinking that Sony will not do anything for me with out charging me, did the usual restore, format ect.

    I then looked up how to clean blu ray drives lens on u-tube and attempted that. Still no luck so I then phoned Sony up, the operator asked me when I bought it (erm dec I said)and to my surprise he said it’s still in warranty so I had a replacement sent to me with-in two weeks, now another 10 months later and it’s happened again.

    I expect something with a Sony name on it to last more than one year probably just like any one, do you think there is any chance I can get another replacement from Sony with out having to fork out even more cash to them.

    I mean if there are not that many PS3’s out there with the blu ray drive problem like Sony make out why wouldn’t they do something about it to keep there consumers happy, like replace my Ps3 with one that doesn’t have this default instead of replacing it with one that does again. Im not paying 128 pounds for another PS3 for that to have the same problem in less than a year from now costing me yet another 128 quid, could get a slim line for that. Or worse than that go over to the even more money grabbing microsoft box.

    • Tony 25 October, 11:21 pm

      Hi Mark,

      You can make a claim, but you need to go to the retailer not Sony. Your contract of sale is not with Sony.

      Tony

      • Mark 26 October, 3:49 pm

        Just one thing that I forgot to mention I bought it from toys r us originally and after a month it broke down so I phoned Sony they told me to take it back to the shop and they replaced it for me, so I have had one from toys r us and Sony already, does this change anything should I still contact the retailer.

      • Mark 27 October, 8:39 pm

        Received a phone call from Sony today as I asked the operator to let me speak to a supervisor, as soon as I mentioned that it was my 3rd PS3 he straight away offered me a free repair (replacement blu ray drive). I don’t even have to pay postage now that’s a result. I thought I was gonna get know were with them this time. I just hope it comes back before my pre-ordered MW2 gets here.

      • Tony 27 October, 9:28 pm

        That’s great news Mark and thanks for the update. Sony have saved you a lot of trouble.

  • Daniel 28 October, 9:27 pm

    Hi,

    Cracking article it must be said.

    I bought a PS3 (40gb), just before Christmas (December 2007 time I think) from Game. During mid-late January of 2009, the console broke down suffering from the dreaded YLOD. Sony were happy to fix this for me for free, even if it was out of warranty (so nice of them).

    Unfortunately, this refurbished console only lasted until the 26th od October. Again, suffered YLOD (though, it seemed to have a Blue-ray drive problem too).

    Just to clarify, I have to contact Game (I bought it in a shop, can I email them via the “contact us” details or do I have to physically go to the shop and complain?) and NOT Sony (Already had a go at them… sadly all the knowledge of EU law and the such wasnt working)? Despite the problem being because Sony replaced my PS3? This seems a bit unfair on Game, who, have done nothing wrong.

    I also presume that I will need a engineers report? Im going to guess that this is when an engineer takes a look at my PS3 and reports that the problem is due to manufacturing? I mean, he/she will look at my PS3 and see it looks nice and healthy… and a system that breaks within 8 months has some sort of problem caused by manufacturing/ refurbishment! (especially if the console costs £300… should last 5-8 years as you have said)

    So, to conclude. I need to contact Game and use the templates above to get a free fix from them. Having said that, I would rather get Game to send the PS3 to Sony (Sorry, but I dont trust another company to fix it other than Sony)

    Cheers

    • Daniel 28 October, 10:03 pm

      Sorry, It was HMV not game. And Im not at all sure if I have a recipt. I also think I payed via a card, which, will have been from my dad and not me.

      Which, im guessing will have implications. Furthermore, I dont happen to have the packaging anymore :\

      Oh, and finally. Can I ask them to repair the console via Sony rather than a 3rd party console repair company?

      • Tony 29 October, 1:48 am

        Hi Daniel,

        If your dad paid for it then you are not party to the contract and you will need to get him to sort this out unless you say you are phoning on his behalf. You will need proof of purchase a credit card or bank statement will do.

        It would be unreasonable for the retailer to insist on packaging, so you do not need to worry about that.

        Tony

    • Daniel 28 October, 10:12 pm

      Actually, since this is such a good site, ill add a bit more. :P lol

      When I got my refurbished PS3 from Sony, I had noted one major problem. The consoles fans used to operate at roughly the same speed as the fan test.

      The PS3 was considered silent…. mine really wasn’t! The PS3 also used to make my room like a furnace.

      Unlike my old PS3, which I never heard the fans. I put this down to the fact that the PS3 I had been given may have been produced earlier than my old one, containing older parts. I ignored the fact, but looking back at it… that is more than likely the problem. Im sure, If i tell this to an engineer they would agree that this is a problem caused by the refurbishment of the system (and not my fault… hell, how was I meant to know this would murder my PS3).

      I know im still out of warranty and should have said something back then (innocent miss… I expect the PS3 to be a hot bit of kit!) but is there anyway I can slap the blame on Sony? I really want to ring up tomorrow and place the blame at them with legal backing.

      Sorry for the multi-posts.

      • Tony 29 October, 1:53 am

        Hi Daniel.

        My first PS3 was also very noisy – the fans would kick in half way through a film and it was very distracting.

        The refurbished one they sent me is fine no noise at all. I think this is partly due to the new software which turns the fans off automatically if not in use which prevents dust build which can hinder ventilation and cause overheating. I am not sure whether they have made any other changes to make them run cooler – perhaps a cooler disk.

        Tony

  • Kaley 29 October, 8:01 pm

    Hi Tony,

    I’ve had my PS3 for 2 years (My mom brought it from GAME), I knew that the warranty was due around this month (11-10-09). As the PS3 was out of warranty I kept pestering my mom to extend as I heard lots of rumors especially this month as PS3’s are dropping like flies (60GB). So today she extended it for 1 year from GAME. MY worst mightmare has happend, the dreaded Y.L.O.D. 5:30 ish. Would it look bad if we were to claim straight away or should we wait a couple of weeks? P.S. PS3s seems to be failing when it hits 2 years.

    Kaley

    • Tony 2 November, 11:24 am

      Personally I wouldn’t worry about this and you would be covered by the Sale of Goods Act anyway without the warranty. Personally I think these extended warranties are a complete rip off – http://whatconsumer.co.uk/extended-warranties/

      Tony

  • Fred 30 October, 3:00 pm

    Tony,

    I am one of the latest individuals to experience this fault, which is frustrating and annoying. However I am not prepared to pay Sony the £128 quoted to fix it.

    I have emailed the online retailer, HMV and sent a standardised email about my dissatisfaction. However I do have one concern. Their base is Guernsey and their online arm of the company is registered over there. Obviously with most contracts you sign, it is to the terms and conditions and statute law of the buyers place of residence. Does this have an implication on the SOGA 1979 act, and will I be covered in the long run.

    Obviously if I eventually place proceedings on them am I still able to claim via the small claims court.

  • Fred 30 October, 3:05 pm

    Tony,

    To ammend my query, I actually meant to say that the terms and conditions and statute law are of the sellers place of residence and not the buyers.

    • Tony 2 November, 11:22 am

      Hi Fred,

      Interesting question. Not sure I’ll have to research this. I am pretty sure the majority of their legislation is very similar to that of the UK. Might be worth contacting Guernsey Trading Standards:

      Trading Standards – Bryan Guilbert (Head of Service)
      Consumer Advice – Tracy Loveridge

      Trading Standards Service
      Commerce and Employment Department
      P.O.Box 459
      Raymond Falla House
      Longue Rue
      St Martins
      Guernsey
      GY1 6AF

      Tel: +44 (0) 1481 234567
      Fax: +44 (0) 1481 235015

      ts@commerce.gov.gg

      Personally I would proceed as usual assuming you are covered by SoGA. They are probably just doing this for tax reasons rather than a way of avoiding SoGA.

      Tony

  • Paul 30 October, 6:47 pm

    HI,

    i bought a playstation 3 in April 2008. I cannot remember where i bought it but i believe it was PCWorld. I cannot find bank statements and i cannot find my reciept. I can probably get a bank statement from my bank which covers the transaction. Sony have quoted me 128pound to fix. i have tried to get it fixed at a repair centre and they couldn’t see the problem. Do you think i can get it sorted or do i just cut my losses and sell it for faulty equipment,

    Regards

    Paul

    • Tony 2 November, 11:16 am

      Hi Paul,

      Yes I think it would be worth getting proof of purchase in the form a a reprinted bank statement. It would also be good if you get get a statement from the repair shop to include in your letter – ideally it would say it has an inherent fault.

      Tony

  • Alex 1 November, 2:33 am

    Hey Tony,

    I’ve had a PS3 for about 2 years now and It has just decided to not play Bluray Games or Films however It still plays CD/DVDs. I’ve only ever watched 4 bluray films on it and that was in the last week! and Only played the thing about 4hours a week! I bought it from amazon ever since I’ve had it the fan used to make alot of noise, so do you suggest I email them with the date of purchase + fault etc and ask for a repair or replacement?
    From reading above Amazon might be stubborn? If they are do I send for a technical report and threaten court action if i get no positive response?

    Cheers!

    • Tony 2 November, 11:14 am

      Hi Alex,

      Yes absolutely. However, Amazon are likely to offer you £60. How much is your time worth pursuing them for the rest?

      Tony

      • Alex 2 November, 5:50 pm

        Hey Tony,

        Here is a reply i got from them…

        Dear MR X,

        Thank you for contacting Amazon.co.uk. We’re sorry to hear of the issues you have experienced with the “Sony PLAYSTATION 3 40 GB Console” you purchased from us.

        All electronics item purchased from Amazon.co.uk come with a 1 year warranty from the manufacturer. However, on checking your order #, I found that it was placed on 29 November 2007 and warranty period has expired.

        I am sorry to inform you that we are unable to take further action against this item. Also, please be informed that we currently do not offer an extended warranty on the electronics items sold by the retail stores, unless otherwise stated. We encourage you to consult the manual that came with the package for warranty and service information.

        In the majority of cases, we have found that many functionality issues can be resolved by closely following the instruction methods described in the manual or by contacting the manufacturer to ascertain if this is a known issue. Please check whether your product still has a valid manufacturer’s warranty, either an original warranty or an extended warranty that you would have purchased at the time of purchase of your product. If your product is still within its warranty period or you did purchase an extended warranty, please get in touch with the manufacturer immediately. The manufacturer may offer a repair or replacement service under its warranty terms.

        If the manufacturer’s warranty has expired, we still suggest that you contact the manufacturer. Depending on the circumstances, they may be prepared to help you or provide you with details of the charges for an out of warranty repair.

        We would ask you to contact the Sony Customer Service Help Line as they are better placed to handle your specific query.

        You may contact them by using the following telephone number: 08705 998877 Working directly with Sony is the best course of action as it provides the quickest resolution and enables Sony to identify the root cause of the issue.
        ___________________________________

        Sounds like a fob off to me, any ideas how I respond to that? I got all the time in the world. I’m yet to get an engineers report (how much do these cost?). When I did contact sony she Mumbled something about the laser failing or the firmware?

        Cheers!

  • Gav 2 November, 5:19 am

    Ladies and Gents,

    My Original 60Gb failed after 9 months and was replaced under warranty – the Bluray drive stopped reading Bluray discs (games, movies).

    Well, on Saturday the Bluray Drive failed again on the replacement (GRRRRR!) after a 15 months of very careful usage and Sony have agreed to replace for free for the 2nd time.

    They tried hitting me with the £128 for a replacement jive cos 3 months warranty was up on the replacement. I told them that wasn’t acceptable. They told me to think about whether I wanted to pay the charge and the call ended. So I did then called back 5min later (ding!, ding!, round 2)- thinking that a machine that cos £350 when I bought it should be more durable.

    So two phonecalls in and still no joy after 30min wasted; they were just not budging.

    They even agreed that they would expect the system to last longer than a year and that they’d feel annoyed in my position however that was just the way it is (the cheek!).

    Finally I lost patience and said I wanted to speak to their complaints dept. – They then said that they don’t have one but they would get a supervisor to call me back, but as it was the weekend that would be Monday.

    Supervisor called Sunday and after a brief description of what was wrong (2min) they agreed to send me another one for nowt(arrives Tues). She honestly couldn’t have been nicer.

    The point is stand your ground with the care team and escalate, escalate, escalate. I work in customer service and could teach Sony a thing or two.

    Happy with the end result but the fight to get there took the proverbial!

    • Tony 2 November, 11:08 am

      Hi Gav,

      Thanks for sharing this as it will benefit others. Sony have done this as a gesture of goodwill. You also had the option of going to the retailer to make a claim under SoGA (Sale of Goods Act).

      Tony

    • Daniel 4 November, 12:40 am

      Hello Gav,

      Im trying the same thing.

      Sony quoted me £128 for the fix so I have sent a very angry E-mail to them stating my anger at my PS3 breaking after 8 months.

      I had one of the ad visors say that “Sony would appreciate my loyalty”
      … To which, I have taken offense and stated that Ive been a very loyal fan since the old PS1 :)

      Ill keep everyone up to date on it. But I cant agree more, dont back down! Remeber, Sony need your business… You dont need Sony (as in, the 360 is always an option!) The lost business will cost them more than £128, so keep at them :D

      • Daniel 5 November, 5:26 pm

        Hello,

        Just an update on the situation (last one, I promise). I wrote a strongly worded E-mail to the Sony help care explaining the situation (2nd PS3 with YLOD, not happy paying money etc). I got a call back today from (I think) one of the management team.

        They are picking up my PS3 and replacing it tomorrow, free of charge. Good news!

        So, if anyone is having recuring problems with there PS3 (as in, on to there 2nd, 3rd) then dont back down. :)

  • jay 2 November, 6:19 am

    hey tony my ps3 stopped reading disk so i called sony and they said it would cost 127pound to repair so i payed them and got my ps3 back a few days later and after months i got the ylod so i phoned sony and they said i would have to another 127 pound to get my ps3 repaired again

  • Dan 2 November, 12:11 pm

    Hi,
    I have the exact problem that ‘Chirs D’ had. It was my fault that my 1st ps3 broke… long story basically it was left in the sun. So i didnt have much right to complain at the £140 replacement. This was in the march/april period 2009.
    Now in end of October 09 it just broke after i went on it 4 literally 10 mins. I am out of their supposide ‘3 month warranty’ but it wasnt my fault the ps3 broke… the vents wern’t clogged up with dust or anything.
    So are you saying that if i threaten them to go to court they might replace it for free? Did you need a technical report? In other words do you always have to have proof it wasn’t your fault?
    thanks
    dan

    • Tony 2 November, 12:49 pm

      Hi Dan,

      Sony are within their rights to ask for you to prove it is an inherent fault as it is more than six month old. I doubt they will do this and if you give them a ring I am fairly confident they will replace it free of charge.

      Tony

      • Dan 5 November, 6:36 pm

        hi agen,
        i rang sony and all he said was that it was not to do with them- but the retailer which i bought the original ps3 from- even though we exaplined to him dozens of times that it is their business as they sold me the refurbished ps3. He said the sale of goods act only applys to the original ps3.
        any advice please.
        dan

      • Dan 6 November, 8:10 pm

        result!
        after a few ‘heated discussions’ on the phone to sony the supervisor finally cracked and offered us a deal-
        we get a free refurbished ps3 again
        but this time we really cant hold them liable for the sale of goods act… doesnt matter because i shall be purchansing thier ‘pay as you play’ insurance to avoid this again….
        thanks man!
        PLEASE EVERYONE GIVE IT A TRY YOU HAVE NOTHING TO LOOSE!!!
        I GOT A FREE REFERBISHED PS3 WITHOUT EVEN AN ENGINEERS REPORT!!!
        but saying that it really wasnt my fault…
        :D :D :D so good
        cheers guys
        dan

      • Tony 6 November, 10:03 pm

        Well done Dan, glad you have got a new PS3

        Tony

  • Alex 3 November, 7:04 pm

    Result: Telephoned Amazon and they’ve offered what I presume is a Full refund.

    Cheers Tony!

    • Tony 3 November, 11:04 pm

      Hi Alex,

      Great news. What do you mean by “what I presume is a refund”? they seem to have made a big jump from a “read the manual” response or contact Sony to offering a full refund.

      Tony

      • Alex 4 November, 6:10 pm

        I was pretty shocked, didn’t have to argue or even mention my rights! All I did was to phone Amazon, tell them that Sony believed it to have a defect and they just told me to send it to them and i’ll get a refund! I’m just thinking it sounds to good to be true, we’ll see eh.

        Thanks again for this brilliant Advice. My brothers PS3 packed in bout a month ago and Argos said they couldn’t do anything so he bought a new one, he still has the old one so I told him to follow this advice to, hopefully he’ll get similar results!

        Alex

  • Alan 3 November, 9:13 pm

    Hi.
    Well, my PS3’s finally caught the dreaded YLOD after just shy of 2 problem free years. The consensus seems to be that I should chase up the retailer, quoting the SoGA 1979. However, having bought the console from the now dead Zavvi chain, this would prove difficult.
    The purchase was made with a debit card, so I would have no case there, but with 10 days remaining until I’ve owned it for 2 years, do I have any case for repair/replacement by way of the SoGA or otherwise?
    Just want to weigh up all my options before donating my beer money to the company who created the problem in the first place.
    Many thanks.

    • Tony 3 November, 10:59 pm

      Hi Alan,

      I am afraid there is nothing you can do as the retailer has gone bust and you didn’t pay with your credit card. Sorry

      Tony

      • Alan 3 November, 11:39 pm

        Ouch.
        Thanks anyway for the quick response and the very helpful site.
        At least next time I’ll be better informed.

  • Fred 3 November, 9:45 pm

    Alex,

    Is there any chance you can confirm what you said to them to get this refund. Would be useful for all of us to know what the next stage is? You commented earlier saying they would not back down. Please can you let us know what happened on the telephone conversation?

    Fred

  • Bryan 3 November, 10:30 pm

    Hi, I still have had no joy from Amazon after writing to them by post. Can you provide phone no. and/or contact name ?
    Much appreciated
    Bryan.

    • Alex 4 November, 6:25 pm

      Hey Bryan,

      All I did was Phone Amazon: 0800 496 1081

      The conversation went something like this:

      Me: Hey, I’ve had a Playstation 3 bought from you 2 years ago and it’s just failed to read disks, I’ve contacted Sony and they say the Laser sounds like it’s packed in, and I request either a repair or refund. (+ gave him order number from 2 years ago, if you look on your account you can get it from looking at old orders because I didn’t have the receipt)

      Amazon: Okay, bare with me, (he said something about researching my account I think?)

      I was on hold for a what felt like a few minutes.

      Amazon: Okay, send it to us and we’ll refund you.

      Was literally as simple as that, I didn’t have to mention my rights at all. They seemed quite co-operative.

      The PS3 I bought was part of a deal so I don’t know if that makes any difference?

      Hope this helps.

      Alex

      • Bryan 4 November, 7:10 pm

        Hi Alex/Tony,

        I have just rang, but had to request conversation with supervisor, but never got to speak with supervisor, however having quoted order no. and Sony conversation no. they have advised that they are passing it on for payment of repair which they can claim from Sony for £128.00.
        I will keep you advised.

        Many thanks again Alex !!
        Bryan.

  • Dills 4 November, 5:17 pm

    Right, having gone down the SoGA route I’ve already gone through the process of sending a technicians report along with the SoGA letter to Empire Stores allowing them to reply within 14 days, which they did.
    My problem is their responding letter just refers me back to Sony. Are they just giving me the run around?
    Do I phone Empire Stores or do I continue correspondence with letters? What do I say or write?

    Hope somebody can help! Thanks!

    • Tony 6 November, 9:57 pm

      Dil1s and Sally,

      It appears that some people have had success putting pressure on Sony to replace their consoles.

      The other option you have if Sainsburys/Empire Store are not playing ball is to give them 21 days notice that you are going to take court action.

      http://whatconsumer.co.uk/making-a-small-claim/

      This should get their attention. Of course if you have paid by credit card you can always to take your complaint to them.

      Tony

  • marie 5 November, 11:00 am

    Hi i take it if iv attempted to fix the Ylod my self i stand no chance in claiming under the good sales act? basically iv got it half working but the fan comes on goes really load like a hoover then turns it self off. i brought it on launch day with a credit card from argos.

    thanks

    • Tony 6 November, 9:58 pm

      Marie,

      A repair attempt doesn’t affect your rights, but you would if asked have to prove that you didn’t cause more damage. This might be difficult.

      Tony

  • Mark M 6 November, 7:27 pm

    I bought my Playstation 3 off a power seller on Ebay. Will I have to contact the seller and find out where they bought it or can I just claim under section 75 of the consumer credit act?

    • Mark M 6 November, 7:32 pm

      I asked them for proof of purchase and where the bought the console and they replied:

      i

      Thank you for your email.

      We are official
      retailer off Sony products so unfortunately we cannot provide this
      information sorry.

      Unfortunately we cannot re issue receipts.

      Many
      Thanks

      Emma

      Customer Services

  • sally 6 November, 8:58 pm

    Hi my sons ps3 has developed the YLOD after 20 months. I contacted sony and like the other people was told i could pay £128 for a refurbished one with a 3 month gurantee which i refuse to pay . The ps3 was bought at Sainsburys so i wrote to them and sent a copy of the receipt explaining what was wrong, they have wrote back just saying they are sorry its broke but there is nothing they can do about it and to contact sony again. What should i do now ? please help 1 have a very unhappy 13 yr old.

  • Mark M 6 November, 9:07 pm

    Does that mean I claim off the power seller or do I have to go directly to sony?

    • Mark M 6 November, 9:49 pm

      Since the power seller is an official retailer of sony products does that mean I can claim?

      • Tony 6 November, 10:01 pm

        Mark M,

        If a Power Seller is operating from the UK and trading then you are covered by the Sale of Goods Act. This would not be the case if it were a private sale.

        If you paid by Pay Pal using your credit card you are not covered by section 75 – see this:

        http://whatconsumer.co.uk/protection-paypal/

        Tony

  • Paul 6 November, 9:17 pm

    Purchased a PS3 60gb in october 2007 everything was fine until june this year when it stopped reading blu ray disks….Contacted sony who did the usual out of warranty repair will be £145 so its been sitting beside the tv purely being used as a media server. Anyway after reading a couple of the comments on here i decided to type up a copy of the template and had a walk into my local Gamestation store….What a result…Walked out with a brand new PS3 slim….Have always purchased from Gamestation as i felt the service was good, but this was awesome service….no haggling really pleasant young lady who couldn’t do enough to help me…She even commented on Sonys lack of service….Excellent service

    • Tony 6 November, 10:02 pm

      Well done Paul and thank you for sharing. Often success comes down to the individual you are dealing with. Normally the best you could expect would be a refurbished PS3.

      Tony

      • Paul 6 November, 11:06 pm

        Actually the girl was exceedingly helpful, BUT, she did comment that it was the way i came across….Used to work for Game during my Uni days and i was always of the opinion that if someone came in shouting the odds and being as unpleasant as possible it never gave me the incentive to try and really find a solution..But if they came in polite and reasonable i would always go the extra mile to ensure that a solution could be found….

      • Tony 6 November, 11:15 pm

        I generally take the same approach, but you have to adapt your behaviour to the situation. You have to know when to shout.

  • Alex 7 November, 6:40 pm

    Just an update on my brothers PS3:

    Telephoned argos and they told him to go into the store with the PS3 and ask for a “store inspection” and possibly that he might need an engineers report if they ask for one.

    Would you be able to claim back the cost for an engineers report?

    Hopefully it will work without the report! But we’ll see!
    I’ll let you know.

    Cheers, Alex

    • Tony 8 November, 12:57 am

      Hi Alex,

      You can claim back the cost of the report as long as it indicates that the console has an inherent fault. Good luck with Argos

      Tony

      • Alex 10 November, 3:17 am

        Hey Tony,
        My brother went to argos with his PS3 and a few things happened!
        First of all they again tried fobbing him off saying it has nothing to do with them, but my brother (with a copy of this website) stood his ground and after around half an hour he got a result. They said they couldn’t do anything and telephoned Sony who offered my brother £100 to repair his console… but Argos wern’t gonna pay?!
        So in the end after ages and another phone call to Sony, Argos finally agreed to give a partial refund because the console had been used for 2 years.

        So £330 spent to years ago – £230 back today.

        Wasn’t to bad a result. Better then nothing I guess!

        Cheers again for the results, thats two happy people, well kinda… I’m still waiting to hear from amazon after it was delivered last friday…

        Alex

      • Tony 10 November, 11:12 pm

        Well done Alex – thanks for the update it is a real encouragement for others.

  • Matt 9 November, 3:24 pm

    Hi Tony,

    I find myself in the same position as Fred (October 30, 2009 at 3:05 pm) in that I purchased my PS3 from HMV.com. My PS3 has a failed optical drive and I am also concerned by the fact that Guernsey fall outside of the remit of the Sale of Goods Act, although I am heartened by mention on a website somewhere that the act may have been used successfully.

    I would be very interested if Fred would update us with any progress that may be made and I in turn will post my progress (if any). I would also be interested to read the outcome of your own research Tony.

    Thanks

    Matt

  • Rob 9 November, 7:16 pm

    I bought a ps3 from Toys r us in july 2007, it has recently developed the ylod. theyre telling me that the only engineers report can come from sony, as they’re the only people qualified to say whether it was inherent, is this true or are they just trying to fob me off?

    • Tony 10 November, 11:07 pm

      Hi Rob,

      I think Toys ‘R Us are being unreasonable, but you need to choose someone credible. I don’t even think that Sony offer that service.

      Tony

  • Charlotte 10 November, 1:33 pm

    I bought my son’s PS3 in December 2007 and it stopped working June 2009 i have contacted sony on 2 occasions and they are not willing to give any good will gesture its the £128 and 3 month warranty. But with the money i paid for console plus games i really dont want to have to shell out more cash we have been loyal customers not going to X Box or Nintendo not sure what to do for the best as its a lot of money to throw away please advise on what i should do i bought it from littlewoods direct.

    • Tony 10 November, 11:09 pm

      Charlotte,

      Your contract is with Littlewoods Direct, so you need to take your complaint to the. Use the letter in the article right at the top of the page.

      Good luck

      Tony

      • Charlotte 12 November, 4:40 pm

        Hi Tony thanks for advice i have contacted the Littlewoods direct they say i need to get a independent report from a engineer thats VAT registered to find out if it is manufacter fault they also said i will have to pay for this but may be entitled to get this money back depending on the fault and then i can have it repaired or exchanged. Is this right in what they say ?

  • Ibrahim 10 November, 11:00 pm

    Hi Tony,
    I bought a PS3 from Currys on the first day it came out and has recently stopped working. I also have no gurantee left, should currys replace my PS3 as its of unsatisfactory quality.

    • Tony 10 November, 11:10 pm

      Hi Ibrahim,

      Yes, but bear in mind that if they do replace it they only have to provide a reconditioned console, a repair of partial refund is probably a more likely outcome.

      Tony

  • Fred 11 November, 11:03 am

    Matt,

    HMV have confirmed to me that following an invoice/receipt from Sony, they will reimburse the cost of the recondition PS3. Why this means I have had to stump up the cash initially, least it is covered in the future.

    I sent only the one letter and they agreed to do it first time, which I must credit HMV for doing this. Very good customer service, which has certianly made me happy and I would recommend them to anyone.

    Hopefully I can get the cheque process rolling in the next two days as my receipt turned up today.

    Regards

    Fred

    • Matt 11 November, 1:05 pm

      Hi Fred,

      Thanks very much for taking the time to respond. I am glad and reassured that you appear to have enjoyed success with contacting HMV.

      I hope I enjoy similar success.

      Thanks again

      Matt

  • Ellie 11 November, 5:17 pm

    My playstation stopped working after an update and my warrenty had just run out. I called the store where I purchased it from and after mentioning my rights they offered a replacement.

    Thankyou Tony for your advice.

  • Paul H 12 November, 8:22 pm

    I know your probably sick of answering the same questions but here goes. I purchased my PS3 40gb approximately 2 years ago from game. It was purchased on my dads credit card and i gave him the cash a few weeks later. Like alot of stupid people i no longer can find the recipt.

    I downloaded the latest version of Firmware to play Call of duty modern warfare 2 and no my console does not read any games/CD’s or DVD’s. I have tried all the system restoring tools and still nothing. Do i need my recipt to go any further with this. I cant believe this has happend to so many people around the world.

    Many thanks.

    • Tony 12 November, 10:36 pm

      Hi Paul,

      Not fed up yet. You need proof of purchase and this doesn’t need to be a receipt. It could be a statement, loyalty card data, confirmation e-mail etc.

      The other thing to bear in mind is that you are not party to the contract, so when you do contact them you need to say you are phoning/writing on behalf of your father or get him to do it for you.

      Hope this helps.

      Tony

  • Jenna 12 November, 11:02 pm

    Hi was wondering if you could help, Iv had the PS3 40gb for nearly 2 years now in which I have had no problems, until recently when playing on Fifa 10 the game froze with a blank screen and since that it has not been able to read games or dvd`s. Have heard about a legislation (Artical 5 of the EU product warranty direct 1999), is it possible for me to either get it fixed for free or get a free replacement? Thanks for such a helpful website.

    • Tony 12 November, 11:56 pm

      Hi Jenna,

      Yes, I have heard of that. It is only applicable if you have bought your PS3 outside the UK and within the EU. The press caused a lot of confusion about this a few months back. In the UK the relevant legislation is the Sale of Goods Act as stated right at the top of the page. This is actually better than the EU regs and is how the UK complies with same. Have a look at this: http://whatconsumer.co.uk/eu-directive-sale-of-goods/

      Tony

  • Alex 13 November, 2:13 am

    Hey Tony…

    After being told to send my PS3 to Amazon for a refund, which I did. I recieved an email today saying i should contact sony with the PS3 serial number, place of purchase, date of purchase etc.
    However, because amazon now have my PS3 I don’t have the serial number!!! I still have the receipt for posting it off to them… Am i covered still because i know longer have the PS3 if they turn around and say no?

    This is so frustrating…

    Cheers
    Alex

    • Bryan 13 November, 11:01 am

      Hi Alex,

      Out of all the retailers Amazon seem to be digging their heals in the most. After phoning my details were passed back to Marcin Cieplak who is not budging on the £40 offer. (Also he will not escalate any further.)

      I am still not giving up!

      Let us know how you get on.

      Regards
      Bryan.

  • Paul H 13 November, 10:42 am

    Will give this a go, hopefully my old man can dig out the credit card statement. Having trouble trying to remember the exact date. But many thanks for the advice and i really do hope they replace it without any trouble.

    Paul.

  • Shaun 13 November, 3:20 pm

    Hi I am having exactly the same problem as Jenna ( brought fifa 10 played ok for a hour or so then got the problem ) Now my ps3 wont read anything Blu Ray DVD and CDs. I brought it from sainsburys on 28/12/2007 . Have taken it back there twice and they dont wanna know even being told by there deputy manager that the sales of goods act is no longer law and i they cant/ wont do anything for me . have sent a recorded letter to sainsburys head office and am still waiting to hear . I was wondering if it would be worth all us who are waiting for our ps3 to be sorted to all send letters of complaint to sony to try and get them to recall all consoles that come up with this fault. As there seem to be loads of us just on here with the same problem

    Cheers

    Shaun

  • Shaun 14 November, 10:52 am

    I have know recieved a letter from sainsburys head office in london who i had faxed a letter to earlier this week saying theyare looking into it and will get back to me in 7-14 days . So i shall keep you all posted

    Shaun

  • Paul H (again) 14 November, 1:00 pm

    Am having trouble location the credit card statement on which the PS3 was purchased, the online statements dont go back that far and the credit card company want £6 for the statement. Bu hav’nt got a clue what month or how old my playstation is to get the printed statement. To claim off GAME i need a recipt but if i need to claim off the credit card company i will need the statement too.

    Am stuck, please help as its not looking good.

    Many thanks, Paul

    • Tony 14 November, 1:57 pm

      Hi Paul,

      Are you a member of the Game loyalty scheme that would be proof of purchase if you can find it on a statement?

      Did you get an e-mail from Playstation Online – this might help you narrow down the date?

      Tony

  • Chris Heath 14 November, 3:08 pm

    On friday my 60 Gig PS3’s blu ray drive died, so i phoned Sony this morning (saturday) to get a replacement. The Machine is a refurb from Sony themselves (March) and they quoted me a price of £128 to replace my unit with the same model. I told them i was unwilling to pay that price as the fault lies with Firmware update 3.01, which they denied. Quoting the huge number of similar cases on the PSN forums, they said that the actual failure rate for the machine was acceptable. Being a student i can’t afford to fork out that kind of money, and have no intention of doing so. How can i get my unit replaced?

    • Tony 15 November, 1:20 am

      Chris,

      Was your PS3 replaced the first time under warranty or did you pay?

      Tony

  • stephen 14 November, 9:51 pm

    hi tony

    my ps3 broke because of the ylod so i called sony they sent me out a refurbished one for 128 pound just after 3months my ps3 wouldent read any disks so i called sony and they said i would have to pay a another 128 pound. any ideals what i could do thanks

    • Tony 15 November, 1:22 am

      Stephen,

      In your case Sony is both the retailer and the manufacturer. They are liable in under the Sale of Goods Act. You effectively traded in your old console as part payment for a new refurbished one. Use the letter in the article and send it to them.

      Tony

  • Chris Heath 15 November, 2:25 pm

    Tony,
    My original 60 gig PS3 was actually one month out of warranty but as a ‘Good will gesture’ Sony chose to replace it anyway with a no-fee refurbished 60 gig system. Basically they realised that the old 60 gig machines were overheating due to the fan being too small so the replacements had the larger fan installed.

    But no, no finance exchanged hands.

    Chris.

    • Tony 15 November, 3:53 pm

      Hi Chris,

      A replacement ‘out of warranty’ by the manufacturer as a gesture of good ‘frustrates’ the original contract with the retailer and will make it difficult to make a claim under SoGA against same.

      Is there a contract of sale between you and Sony for the refurbished PS3? In the comments above in response to another question I have said there isn’t as there has been no consideration – i.e. no money has changed hands. However, I assume that you gave them your broken PS3 and if this is the case you could argue that this was ‘payment’ and therefore a contract exists and you are covered by the Sale of Goods Act for this new contract with Sony. I doubt Sony will accept this and you may need to get a judgement via the Small Claims Court, but worth sending them a letter.

      I hope this helps.

      Tony

  • Lauren B 15 November, 11:17 pm

    Hey Tony,

    We took out a mobile phone contract approx December 2007 with free ps3 it arrived in Jan, was broken by Feb Sony replaced with refurb’d console which i didn’t know until speaking to them today but now it has the YLOD. Obviously sony now want £128! Not paying it!!! Does my contract lie with Sony as they replaced? And im guessing as it was a “gift” it doesnt lie with the phone company :( Thank you

    • Tony 15 November, 11:44 pm

      Hi Lauren,

      As the original 12 month warranty has expired and the additional 3 month warranty on the refurbished PS3 has expired too Sony do not have replace it for free. There was no consideration and the replacement was under the terms of the warranty.

      You may not have a contract of sale with the mobile phone company either as it was a free gift and there was no consideration. However, you may want to check the contractual paperwork to find out if it was really a freebie PS3. Consumer Direct might be able to help you this – see the number at the top of the page.

      Tony

      Tony

      • Lauren B 15 November, 11:47 pm

        I’m tempted to try with Sony, as i thought as the console was less that 6 months old when it first died they should have replaced with a new model. Not just let me believe it was new, and send me a refub

        Thanks

      • Tony 15 November, 11:53 pm

        You contacted Sony and they replaced it under the terms of the warranty. The six month thing is not relevant here as Sony is not the retailer. Even if it were, the retailer only has to provide a like-for-like replacement i.e. it doesn’t need to be new.

  • matt f 16 November, 10:49 pm

    Hi guys more of the same for me too. Bought from Curry’s April 28th 2008, 40gig system . Working fine until latest update to play Modern Warfare 2 and a few days later problems started with the game freezing needing system to reboot until today the disc drive completely stopped reading discs.
    I rang Sony before finding this site and of course was told it’ll be 100 quid to repair, as its out of warranty , being barely 18 months old! Disgusted I told them I’ll consider my options before I make a decision.
    So after reading on here and I’m sure there are many others experiencing the same problem elsewhere, what’s going to be the best plan of action ? Do I go to Curry’s first quoting the SoGA and see where it gets me? Or do I ring Sony again and politely inform them that this issue is their problem and ask to speak to the organ grinder not the monkey on the help desk who ‘completely’ understands where I’m coming from when I say it’s not good enough ?
    How many people will it take to complain of these problems until they realise they can’t expect customers to keep shelling out hard earned to rectify their cock ups!

    • Tony 17 November, 1:01 am

      Hi Matt,

      You need to go to Currys stating SoGA as your contract is with them. Now the warranty has ended you don’t have any contractual relationship with Sony. However, some have managed to get them to replace their console as a gesture of good will outside of warranty. This would be quicker that going through all the SoGA hoops with Currys, so worth a try.

      Tony

  • Richard 17 November, 3:42 pm

    Hi All, I’ve just suffered the YLoD after 20+/- months of hassle free PS3-ing.

    Long story short, I have just received a call from PC World Customer services asking me to drop by a store and ask them to confirm that the fault was inheritant and not down to my negligence.

    I’m slightly worried that they will say that, because I have opened my PS3 to remove dust as a feeble attempt to fix the YLoD, that they will just say that I have cause the fault, or jam a screwdriver in there or something and say it was my fault.

    How can I protect myself against this sort of action just in case? PC World have said they will give me the £128 Sony have quoted me to fix/replace the machine once a fault has been found, but I simply don’t trust them to be objective.

    Many thanks
    Richard

    • Richard 18 November, 2:35 pm

      UPDATE:

      I have just left the PC World store than I bought the console from and have now been told that I need to book an out of warranty repair with Sony @ 1 x £128 and then, once I have received the console back and gotten some form of correspondance from Sony stating that I have paid this amount and that the fault was inherent and not down to negligence, send this document off to PC World for a full refund.

      Now, if I book the unit into Sony, are they likely to give me a full report stating, objectively, what the problem is, knowing that they, ultimately, will have to pay the £128 once PC World request it from them?

      Please, I really need some advice now.

      Thanks Tony.

      Richard

      • Tony 20 November, 1:03 am

        Hi Richard,

        I am not sure that Sony offer that as a service. You can always ask before you send it. Let us know what they say as others have been asking about getting engineers reports and I guess Sony are the most credible.

        Tony

      • Richard 20 November, 6:39 pm

        Thanks for replying, Tony.

        I’ve just been told by Sony that an anaylsis of why a PS3 has broken is not possible – the service is a repair or replace service and nothing more. Not surprising really.

        So, my understanding of this situation is now: because it’s nearly impossible to actually prove whether an inherent fault with a PS3 caused it to break and the retailer will not accept liability without this proof, there is nothing left to do but accept that you will either have to pay a large sum of money to get it fixed, buy a new one and loose your data, or not have a PS3 at all.

        I am now a destroyed man. I absolutely will not spend another penny on another Sony product after this, including the money to get my PS3 fixed, but this now leaves me without something that has formed a large part of my everday life for nearly 2 years, be it for watching films, listening to music or playing games.

        Thanks Sony. Thanks a lot.

      • Tony 21 November, 2:26 pm

        Hi Richard,

        If Sony do not provide reports then you need to find someone who does. I would put it to PC World and ask them who you should use. This could be seen as an unfair term. Don’t give up

        Tony

  • Freddie 17 November, 6:17 pm

    Amazing site, looked here before i did anything. I have 60gb PS3, freezing up after 3.01 install, playing MW2.bought my PS3 on the Launch Date. Will let you know outcome after dealing with Game. Meanwhile thank you all and Tony your a Gem. Much Appreciated

  • Liz 18 November, 6:37 pm

    I bought the console from Blockbuster in May 2007 and got YLOD last week. Sent a letter to them quoting SOG Act and they now want a letter from Sony admitting there was an inherent fault. Clearly I’m not going to get that as Sony won’t admit fault but then if I take it to get an engineer for a report, the PS3 will have been tampered with and then Sony may turn round and state it was damaged by the engineer!

    • Tony 20 November, 1:06 am

      Hi Liz,

      That is why you need to find a professional that is credible to create the report. Richard has just been asked to do the same by PC World – give Sony a ring to see if they will produce a report.

      Tony

  • Buddy 18 November, 7:35 pm

    I have an 80GB PS3 machine purchased from HMV Feb 2008. It was mainly used to view films, with the occasional game played. I consider the use not to be heavy maybe 2 – 3 films a week, which should be well within limit of use.
    Last month when I uploaded a film, the startup menu would not recognise it. I tried again with other films/games to find the same problem.
    Having contacted Sony they tell me it will cost £99.00 to repair the Blue NCD Lasers, alternativly £128.00 to purchase a fully reconditioned unit.
    This I think is unacceptable. I mentioned sale of goods act, which they said would need to be taken up with HMV. I am now on the hunt for a reputable repair engineer who will provide me with an engineers report to support my claim.
    Believing the fault to be typical, it is really frustrating that Sony do not recognise this and treat the problem fairly.

  • Ibrahim 20 November, 9:41 am

    Hi Tony
    Its been quite a while since I posted a comment, but I contacted Currys and they told me I needed an engineers report. So, I was just wondering if anyone knew where I could get an engineers report from?
    Regards
    Ibrahim

    • Tony 21 November, 2:28 pm

      The best thing to do is to look in the Yellow Pages for a reputable PC repair shop and ask if they can help you. It is advisable to choose someone that the retailer will be happy with too.

      Good luck

      Tony

  • Kevling 20 November, 4:04 pm

    My launch (well, 1 week after launch) PS3 just YLOD’d this morning while my wife was playing.

    Console was bought from M&S on 23/3/07 with a 2 year warranty (which has now expired).

    I’ve just emailed M&S with a copy of the first letter on this page, and will let you know how I get on.

    Thanks for the info on this page…

    • Kevling 26 November, 5:20 pm

      Well, M&S replied with the phone number for their Technology Department, which was out of service. I also emailed Sony who responded with a very “PR Speak” filled email about how their console has no manufacturing defects and is well within the failure rature that is normal for consumer electronics.

      I cannot find my original receipt, so I am just waiting for a copy of my card statement, and I will then be writing to the store directly.

      • Kevling 15 December, 2:21 pm

        Eventually got my copy of my card statement, and sent them a letter. Had a phone call back last week saying M&S won’t do anything as the warranty and my contract had expired. I stressed that the warranty was nothing to do with my contract, and eventually got my claim escalated to a Senior Claims Officer.
        He rang back today and basically said exactly the same. M&S will not do anything about my PS3, and the decision is final.
        So I guess my only option left is the Small Claims Court. Do I pay £25 to start a claim and risk not winning the case, or just bite the bullet and pay for a repair myself…

      • Tony 15 December, 10:14 pm

        Hi Kevling,

        You can send Marks and Spencers a letter before action, that might work:

        http://whatconsumer.co.uk/forum/other-goods-services/7699-purchase-damaged-goods-3.html#post16319

        Or, assuming your are talking about a credit card, you can make a Section 75 claim against the credit card company.

        Tony

      • Kevling 26 December, 9:27 pm

        Thanks for the advice Tony, I’ll give it a try.
        The credit card in question was an M&S chargecard so I’d just be dealing with a different arm of the same company, so can’t imagine them siding with me…

    • Kevling 6 January, 5:07 pm

      As a last ditch attempt before the Small Claims Court, I have just sent this to Marks and Spencer…


      Dear Marks and Spencer

      This email is further to our recent communications regarding my faulty PlayStation 3 console purchased from your Meadowhall store in March 2007, and your subsequent refusal over several telephone conversations, to either repair or replace my console.

      In line with my statutory rights under the Sales of Goods Act, goods should be fit for purpose, and should last a reasonable amount of time. As discussed, this is not the case, and you have refused to either replace my console, or pay for a repair.

      Cost of repair: £69.99 (from http://www.consoledoctor.co.uk)
      Postage: £13.99 (Royal Mail parcel force with up to £200 compensation).
      Total: £83.98

      If I have not received a cheque to cover the cost of this repair within 14 days of this email, i.e. by 15:00 on the 20th January 2009, I will be left with no alternative but to issue a claim in the County Court to reclaim the above repair costs.

      —-
      Next stop, Moneyclaim Online!

      • Tony 11 January, 2:57 pm

        Hi Kevling, You will have to produce an engineer’s report to progress the Small Claim otherwise you will not be able to prove that the console has an inherent fault.

      • Kevling 12 January, 6:31 pm

        Dang! I’ve already sent the console off for repair. Oh well, hopefully my email to M&S will prompt some sort of positive response…

      • Kevling 15 January, 3:19 pm

        M&S have just written to me by recorded delivery to say that their technology department has confirmed that my console does not contain any manufacturing faults. Quite how they did that without even looking at it, is pretty impressive, although I guess they are using the fact that the fault did not occur until 2.5 years after purchase.

        I’ve contacted the repairer to ask if they can give me a description of the fault and the steps they took to repair it which should hopefully be enough to indicate that the fault was not of my causing.

        As soon as I have that, I shall write back to M&S again.

  • Matthew 23 November, 7:29 pm

    Hi Tony!

    Thanks for all the adivce above. I have the YLOD problem…issue, whatever, my mw2 disk is stuck inside the playstation aswell!

    the thing is, I won it a few weeks after the launch date in a competition… so, there is no real retailer that I can go to with this issue… I know its gready and I should jsut pay the £128 because I didnt pay for it in the first place.

    but I was wondering if there was anything else I could do? considering I won it and did not purchase it…do I even hve a contract?

    Thanks
    Matt

  • Tony 23 November, 9:28 pm

    Hi Matt,

    I am afraid you have answered your own question as it was a prize you are not covered by the Sale of Goods Act.

    Tony

  • Matt f 24 November, 4:12 pm

    Thanks for the reply Tony.

    I have spoken to ‘The Tech Guys’ at Curry’s and as someone else has said they require an engineers report, but seemed quite pleasant about the whole situation, I’m guessing they are coming across these problems more frequently.
    So now need to get this report but am wondering where from and who will be acceptable to Curry’s.
    As the fault is clearly a blu ray drive laser problem the engineers will do what exactly ? Load the machine up and see that it doesn’t read any discs ? Then say how much to replace the drive (I’ve seen them on Ebay for about £100) including their labour costs.
    Curry’s then say they will either pay to repair including the cost of the report, or replace with new if unecnomical to repair.
    It’s going to take some time but it’ll be worth it if I get a new one with 12 months warranty that’s for sure !

  • Rajesh 24 November, 5:46 pm

    I have a PS3 60GB purchased on 11 Dec 2007 from ChoicesUK.com which failed last week with the Yellow light of Death(YLOD), having contacted Sony who insisted that I have to part with £128 as the device is out of warranty, I came across this informative site.

    As I had no joy with Sony I decided to take it up with the retailer with an email :

    *******************
    Dear Sir/Madam,

    On 11 December 2007, I bought a Playstation 3 60GB from http://www.choicesuk.com for £429.99 (including games) which is not of satisfactory quality.

    The problem is the device goes into standby a few seconds after it is switched on.

    Sony have confirmed that my Playstation 3 60GB has a defect have quoted £128 to replace the Playstation 3 console with a refurbished model.

    I wish to claim a replacement from choicesuk.com as my contract of sale is with you and it is reasonable to expect goods of this nature and cost to last longer than this. This is one of my statutory rights as described in the Sale of Goods Act 1979.

    A copy of the proof of purchase is attached. This is a copy of my invoice which is ample proof that there is a Contract of Sale.

    Please arrange for my PS3 to be repaired or replaced or send me £128 within 14 days from receipt.

    Yours faithfully
    ……
    *********************************

    they have just replied with :

    +++++++++++++++++++++++++++++++
    Thank you for your email.
    We are very sorry that you are having problems with your PS3 console.
    We must advise you that you would have purchased this from Choices UK when it was part of the Home Entertainment Company, which unfortunately, went into administration the end of 2007. Webb Ivory purchased some of the assets from the administrators, one being the ChoicesUK website business.
    Your purchase was made with the previous owners and we are therefore unable to help you with this problem and you will need to resolve it directly with Sony.
    We are very sorry for the disappointment this will cause and we hope Sony are able to assist you further.
    Kind Regards,
    Jenna
    Head of Customer Services
    ++++++++++++++++++++++++++++++++++++++++

    I paid by credit card so hopefully can email them and try to get a result. Any advise in proceeding with this would be great.

    Thanks
    Rajesh

    • Tony 27 November, 1:17 am

      Hi Rajesh,

      Good job you paid with your credit card. They call centre staff may tell you that you have to claim within 3 months, probably best to put it all in writing – e-mail would be fine

      Tony

      • Rajesh 27 November, 2:09 am

        Tony

        I wasn’t happy with their email response especially the part that states choicesuk going into administration end of 2007, so I thought I would use the power of the internet and do a bit of research and found that they went into administration 21 Aug 2007 and were aquired in September 2007 but I had purchased in Dec 2007, so I fired another email :

        ——–

        Jenna

        Thank you for your email.

        Having read the contents, you specified that ChoicesUK went into administration end of 2007; according to material available on the internet, administrators were called in on 21 August 2007 and a new buyer for the online company was found Findel plc, which made the acquisition on behalf of its associate company, Webb Group Limited in September 2007 (http://www.thewebbgroup.co.uk/Content.aspx/our_company/history).

        As I purchased this item on 11 December 2007, my contract of sales is with the new company and under the terms of the Sales of Goods Act 1979 my original email still stands. I have for your reference posted links to various sites which clearly highlight the change of business.

        http://www.investegate.co.uk/Article.aspx?id=200708210730025338C

        http://www.mcvuk.com/news/28209/ChoicesUK-finally-finds-buyer

        http://www.peterboroughtoday.co.uk/news/330-jobs-safe-as-Choices.3179611.jp

        I would again ask you to arrange for my PS3 to be repaired or replaced or send me £128 within 14 days from receipt of my original email.

        Yours failthfully

        —————————-

        Now I have received a reply still refusing to play ball, what should I do? as I think I am in a very strong position as my sales contract is actually with the new company not the one that went into administration.

        Regards
        Rajesh

      • Tony 27 November, 2:39 am

        Well you can still go after the credit card company – it sounds like it might be easier.

        Tony

  • Richard 24 November, 11:31 pm

    I’ve just received a letter from PC World customer services:

    “…I am writing to confirm that you will need to contact Sony to arrange a fixed price repair of £128. Once this has been completed please forward the paid bill to the above address. When we receive this we will arrange for reimburement by BAC’s payment.”

    Looks like I better hurry up and take advantage of that £128 repair cost before it changes or PC World changes their mind!

    Thanks for your time Tony. I’ll update here with any progress but £128 is a lot of money so it may take a while…

    Richard

  • Daniel 25 November, 1:24 am

    would just like to add my exprience of the Y.L.O.D
    got the Y.L.O.D had to send it to be repaired by Total Console Repair got the console back and got the Y.L.O.D again within 2 days
    I asked TCR how it was repaired and also saw this video on bbc watchdog
    http://www.bbc.co.uk/blogs/watchdog/2009/09/playstation3_and_the_yellow_li.html
    it is put in an special type of oven that reheats the solder joints but this is not a long term fix so be wary about having it repaired if this is how it is repaired.

    hopes this helps

  • rob blacklock 29 November, 12:20 am

    bought ps3 in feb 2008 and now got the ylod, contacted sony and got the usual its not our fault as ps3s rarely fault but for £128 they would would swop mine for a refurbished model, hearing this i lost my temper on the phone with the jobsworth little hitler i was talking too. i decided to check online for any help available and come across this sight, and noticed about taking the problem up with the retailer where i purchased the machine. before i did this i took my ps3 to a local pc repair shop and they provided me with a full report on the fault and reasons for its occurance. with this i went to currys where i purchased my ps3 expecting having to argue my case,how i was mistaken, the currys rep i talked to could not of been more polite and totally understanding and gave me full details of whom to contact and send my info too,and said usual practice is to either have my ps3 repaired or the more usual thing was there head office would more than likely contact me and send me a voucher to go instore and collect a new machine and return my damaged one. just sent off info to currys head office so wiil let you know what happens.

    rob

  • Ibrahim 29 November, 12:11 pm

    Hi Tony
    After doing thorough research, I still have not found anywhere where I can get an engineers report from. Can anyone tell me where they got there engineers report from.
    Regards
    Ibrahim

  • Shaun 29 November, 4:38 pm

    Hi Tony i am having the same problem as ibrahim cant find anywhere that does engineers reports. Has anyone found any in the essex suffolk area ?

    cheers

    Shaun

    • Tony 1 December, 12:39 am

      Ibrahim & Shaun,

      I know some people have had some success with local computer repair shops. You can probably find them in the yellow pages.

      Tony

  • rob blacklock 2 December, 1:28 am

    hi tony
    had a reply from currys, they were apologetic and are sending me a currys voucher to the value of £210 taking into consideration the age and use of my ps3. better news is i dont have to give up my ps3 that i have, so i can either buy a new ps3 or can pay &70 and get my ps3 fixed at the pc shop who done my egineers report done and use the voucher to buy something else???

  • Paul Brook 2 December, 4:21 pm

    Another familiar story from me:
    20 month old PS3 40Gb from Amazon. Suffered YLOD a week ago:
    1. Amazon said outside warranty…so no refund etc
    2. I escalated to ‘escalation dept’ who referred it to legal dept. They have offered me £40 or £55 gift card – but won’t budge further.
    3. I have sent a letter demanding repair under SOGA and advising that I’m willing to pay for an engineer’s report…but that I will claim the fee back if it goes to small claims court.

    This thread seems to have lots of examples…and some that have reached this stage. But what about AFTER that. I expect Amazon to send me a fob off letter. How many people that do then bother to progress to SCC are successful?

    • Bryan 2 December, 6:06 pm

      Hi Paul/Tony
      Finally after two months I gave Amazon an ultimatum for them to accept at £60 – amazingly they accepted even though they were not previously budging at £40.
      (Obviously Amazon are not being as fair as PC World, Game, Currys etc but fairer than Sony – I was able to get part for £50 and fitted myself, only problem being I now have no faith in Sony products as their respect for their makers ie their customers is zilch and therefore I will sell this now and never buy another Sony product – note I have had the same disrespect from Samsung after a Samsung fridge broke 1 day outside its warranty period over five years ago and have treated them the same!)

      Once again many thanks for all your help Tony and hope this advice can help others.

      Bryan.

      • Paul Brook 3 December, 11:29 am

        Hi Bryan/Tony
        I’m getting a bit perplexed by this thread now…people don’t seem to be reading it and asking the same question. To summarise:
        If the product fails outside warranty but within 6 years, you may still have a claim against THE RETAILER. The thing is, you will have to get an independent report and possibly take them to the small claims court. I know some retailers pay for a repair or replace as a goodwill gesture, but I’d like to know if anyone has taken a retailer to SCC and been successful. Sorry Bryan, I know that £60 is better than nothing, but Consumer Direct advised me that £55 gift card was no nearly enough compensation.

      • Tony 3 December, 8:27 pm

        Hi Paul,

        You are right I think the only scenario missing is someone whoe has used the small claim process. It is possible and I know people that have done it, but not for PS3s.

        If you can’t progress your case any further you should send the retailer final notice before legal action.

        Enclose copies of previous letters and include something like this:

        You have had reasonable opportunity to resolve my complaint regarding my PS3 and you have failed to provide a reasonable remedy.

        My only option is to seek legal redress through the small claim court.

        If this issue is not satisfactorily resolved within 14 days I will start legal proceedings against you. The cost of this will be added to my claim against you.

  • Andrew 2 December, 10:09 pm

    Hello Please help lol,

    I’ve got the problem with no blue ray disc’s will play rang Sony Qouted £128.99 for a reconditioned unit after complaining and asking for a manager to ring me back i got offered a 12 month warrenty with the reconditioned unit..

    I got mine day of release delivered from argos it’s out of warrenty but is there anything i can do i used to work for argos so i know that as long as the box has the catologue number is on the box that acts as a reciept for the porduct.

    I can prove through argos that it was brought there!!!!!

    Any advice to help me would be greatful as i dont see why i should or anyone for that matter after paying £425.00 for the console and buying extra item’s i think i’ve spent around 1700 pounds on games and accesories.

    Should i give up or keep trying HELP ? lol

    • Paul 3 December, 12:20 pm

      You don’t need the receipt…just some proof that you bought it. You can claim under the SOGA on the grounds that it is not of satisfactory quality

      • Andrew 3 December, 6:48 pm

        Thank you for your advice i did read all the post’s….

        I spoke to argos today and they point blank refused to repair or replace the console.

        Which i can understand i have no proof of purchase and the delivery number and invoice is in my ex girlfriends mums name she got it on her argos card and i paid it off each month.

        My console is in the bin and when i can afford a ps3 i might buy a new one thank you for all your help.

        Great website helped my friend get a new one today in argos i printed up a soga letter for him filled it out and arrived at the shop with it his one got a yes mine got a big fat NO !

        my friend had the 60gb release console they never asked for proof of fault the lady in argos said we are the sixth person to come back to the store with this letter so it’s helping alot of people and on behalf of my friend jamie i would like to thanks whatconsumer for all there help.

        I am gutted but my mate had a big smile on his face and even tho mine did not get replaced or repaired i have to admit it gave me alot of satisfaction to see him smile like that

        Thanks again

        Andrew

        Also Argos store manager said to me Argos have complained to Sony regarding the consoles that keep having all types of fault and their may be a chance of argos offering a two year warrenty on PS3’s
        dont know how true this is but i think that’s the best thing for Argos and other retailer’s to do.

      • Tony 3 December, 8:19 pm

        Andrew,

        I assume it is not possible to get your ex-girlfriend’s mother to take your PS3 into Argos.

        Tony

  • Alex N 3 December, 1:58 am

    Hello, my case is similar to Andrew’s case above. My brother bought a 40GB Playstation 3 from Argos in December 2007. It recently developed the YLOD this November. I still have the packaging of the Playstation 3 and I’m pretty sure I still have the reciept. Is there any advice you can give me please on this matter?

    • Paul Brook 3 December, 11:30 am

      Alex – have you read the rest of the thread??? Your question has been answered many times.

      • Tony 3 December, 8:20 pm

        To be fair this is getting long and difficult to follow. I probably need to amend the main article to add in the additional scenarios.

        Tony

  • Andrew 3 December, 8:33 pm

    Yep your right Tony,

    I did ring and ask and she refused to give me the paperwork i need and also said that she would not take it back to the store for me.

    It’s a shame coz we got on very well when i was with her daughter

    but she has her reason’s for not wanting to do it so i have admit defeat

  • Shaun 5 December, 6:41 pm

    After 7 longs weeks 4 visits to sainsburys and 2 letters to them and 1 to there headquarters i finally got a response from the head office .. that i could take my faulty ps3 back to the store and exchange it for a new one. My perserverance finally paid off altho there assistant store manager who lied to me in the first place telling me that the sales of goods act no longer applies still was adamant that thats true and that this was a goodwill gesture from sainsburys and that i would get no warranty with the new one ? can he do that ???

    • Justin 5 December, 11:07 pm

      Here is my good news story…Thanks to Tony and this site.

      I was playing COD when my PS3 froze. After a reboot it would not read BD, CD, DVD

      drives. I gave Sony a call and they wanted £100 for a collect, repair and return. I

      was having none of that so took to the web for a bit of research…and stumbled

      upon this site.

      My 40GB PS3 was purchased at HMV in December 2007 – so was a good 10 months out of

      warranty. Nevertheless, I contacted HMV head office/customer service via email

      stating the stating Sales of Good Act (as above letter forma). I followed that

      email up with a call and was given a reference number.

      A week later I received a letter saying HMV required an engineers report from a

      “reputable electronics repair company” stating that the PS3 had an inherent fault

      (ie that my kids had not stuffed Ben 10 into the drive). They also required a copy

      of my original receipt.

      After a night of googling for local electronic shops I found, Philips and Co (from

      the posts above I know others are looking for such services) who are in Halfway

      Street, Sidcup, Kent. £30 and a few days later I had my report. They confirmed in

      the report that the warranty seal was still intact when the PS3 was brought into

      their shop.

      Armed with my scanned report, which basically said that the BD laser was faulty,

      and my scanned receipt, I then emailed HMV who replied and said they would put

      something formally in writing to me…

      A couple of days later I received a letter (also apologising for my experience etc

      etc) which said I could go to my nearest HMV store (with the letter and original

      receipt) and swap my faulty PS3 with a new PS3 SLIM! ….AND they would be sending

      me a cheque for the cost of the engineer report which would take 14 days to

      process.

      So…last night I was at HMV and they gave me a new Slim 250GB model…
      Needless to say I am well pleased with HMV for top rate customer server and also

      for the advice given on this site.

      • Tony 5 December, 11:51 pm

        That’s great Justin thanks for taking the time to give everybody an example of a real success story and the kind of place you can get an engineer’s report from.

        Tony

    • Tony 5 December, 11:49 pm

      Hi Shaun,

      Well done and thanks for the update. It was worth it in the end. You could argue that by giving you a new one they have exceeded their statutory obligations i.e. they are only required to give a partial refund, repair or a refurbished PS3. Therefore, it could be called a gesture of good will.

      There is no requirement for the new one to have a manufacturers warranty, but remember this is in addition to your statutory rights and you have six years from the date of the original purchase of the faulty PS3 to make a claim.

      Make sure you keep all the paperwork including details of the replacement.

      Tony

  • chris glasow 6 December, 3:33 pm

    as most of us gamers on here i own a ps3 60g i bought from game in 07 warrenty done bummer but this page helpd me i fond my local game store were i purchased my console with games at a price o just under £500 wen i spoke 2 the store manager he told me that they didnt do free repairs ??? so i called ther customer services and no bother at all even tho my warrenty out o date am gettin it fixed 4 free didnt even have 2 quote the soga too them but as i said my mwf2 game still in machine and cant get out person on customer servives said they could only give me a preownend price for game can they do this or do they have 2 give me a voucher or even a replacement game ?

  • Matt 6 December, 9:51 pm

    It’s my understanding that any ‘free gifts’ that come with a purchase are bound by the same laws as ‘bought’ items. So you should have the same rights with the ps3 as you do with the phone that you bought. A similar subject was tackled on a program called ‘Don’t get screwed’ where a custumer bought an item of clothing which came with a free DAB radio. The team on the show had smashed the radio beforehand and were pretending to be staff in the store. Obviousley the customer came back and complained but they(the team pretending to be staff) wouldn’t give her a replacement because it was a gift. The show then explained that a customer has the same rights with both purchased item and gift. I don’t know if this means with just the warranty but I presume they mean with the SOGA as well.

  • Matt 6 December, 10:23 pm

    Well, I’ve had my playstation 3 (60g model) for just over 2 years and I was playing Modern Warfare 2 last night and it shut itself off, beeped 3 times and the light flashed red repeatedly. Confused, I tried to switch it on and it switched off again, beeping 3 times and blinking red repeatedly, annoying!
    Left it for an hour, switched it on again, same thing, getting worried now. I can’t eject the disk and worried about having the YLOD but can’t see any yellow light. I read up online about it to find out, yep, I do have the YLOD but if you blink you miss it.
    I rang Sony, who offered my a refurbished model for around £130 and I’m not impressed being treat like a piece of s**t by Sony after all the money I’ve spent with them on games and previous consoles and try to qoute the ‘Sale of goods’ act to them and they rightly tell me that the SOG act applies to the retailer rather than them. This doesn’t bother me, what bothers me is that Sony will not take any responsibilty for the faults in their design of the Playstation 3 and them trying to charge me that amount of money for someone else’s playstation (which was broken and will probably break again), while also taking my broken playstation and charging some £130 to have that playstation when they fix it. What a con!

    Anyway, I contacted the retailer (Game) and the person on the other end of the phone was very polite and helpful when I explained my situation and that I wanted it repairing. He took a few details (I had to use my loyality card as proof as purchase because, like a few of you, I had stupidly misplaced my receipt) and he gave me a reference number and phone number to ring to arrange pick up. I tried ringing them today but keep getting answer-machine message saying they’re very busy (more likely that they’re closed on Sundays)and to leave a message. I did leace a message but I will try again tomorrow anyway.

    So it’s looking good for me but I will let you know what happens in a couple of weeks, fingers crossed.

  • Paul 7 December, 11:21 am

    There’s a slight distinction though there. Yes, if an item is a gift that comes with a purchase, it’s covered…but when you give it to someone else, the waters will be muddied as the contract is between the purchaser and the retailer. I’m pretty sure that most warranties are NOT transferable.

    • Tony 7 December, 11:47 am

      The subject of ‘free gifts’ is a difficult one and the answer is ‘it depends’. If it is really a free gift then you are not covered by SoGA. However, most retailers will link a gift of any significant value to the contract of sale for another item/service and it will then be covered. If this were not the case, you could cancel that contract and keep the free gift.

      Warranties are generally not transferable, but you need to check the terms. More importantly, neither are rights under SoGA transferable to someone who is not party to the original contract – this is also a complicated area.

      Prizes are not covered by SoGA, but you might get a warranty.

      Probably need a new article on this subject.

  • Oscar 9 December, 2:00 am

    Hi,

    My PS3 got the YLOD last week. I bought it from GAME a couple of years ago and still have the original receipt. This website has given me massive hope of not being completely screwed over through no fault of my own. I’m having trouble getting anything out of GAME so far though and have not heard anything back since. Can I ask anyone who got success out of them, which phone number or email address they used, and how long the situation took to be resolved?

    Thank you all

  • Rich 9 December, 3:23 pm

    I got the YLOD yesterday. I called up Sony and they gave me the usual story about it not being a specific fault and that it would cost me £130 for a replacement.

    Luckily, I found this site. I called the Game store i bought the console from. I spoke to the manager and they kept saying it was Sonys problem – though they did give me Games customer services number (0871 594 0022).

    I called Games customer service who were really helpful. I explained the problem and said that i wished to take this up with them under the Sale of Goods Act. They guy asked me to send him an email with details of the problem, model, copy of receipt and a line to say that i wished to claim under the Sale of Goods Act as it was an inherent problem with 60gb PS3s.

    I did that and within an hour, he called back to say his manager had approved the repair. He transferred me to another team who took my serial number and gave me a reference number and told me to call Total Console Repair for a free repair, inc pickup and delivery.

    Called Total Console Repair – i have to wait for a letter from them. Once i have that, i can arrange for the machine to be picked up and repaired. It will probably take around 2 weeks.

    Anyone who has bought their console from Game, call that number to get it sorted. Don’t waste time speaking to some nit wit in one of the stores.

    Very pleased that I found this site. Thanks to Tony and everyone for there advice.

  • Matt f 10 December, 7:38 pm

    Well I have received a response from Curry’s they first offered to get the PlayStaion repaired through Sony by sending the £128 to me, but I wasn’t happy with this because I will only get a 3 month warranty with a refurbed unit.
    They then came back and offered me £148 towards the cost of a new PlayStation to which I agreed. I get to keep my old one which I may be able to fix cheaply by aquring a replacement BluRay drive.
    All in all I am happy with the resolution.
    Thank Tony for the advice, I probably could have done slightly better if I had been prepared to take the matter further say to the small claims court but I think this is a fair compromise.

    • Paul 11 December, 6:31 pm

      Hi Matt – you did really well! You wouldn’t have got any further, in fact, all they would have to do is pay for a repair ie £128. Well done! I hope Amazone play ball too!

  • steve 11 December, 2:54 pm

    Hi thanks to the information here I was able to get the grandson’s ps3 sorted
    It was brought Dec 07 so well out of warranty as he had found fixes for the YLOD on line he asked if I could have a go. I said yes as I’m not bad at fixing stuff but the thought of trying to re-flow the main board with a hot air gun didn’t seem like something I should be doing. If it had been an old ps2 I think I would have had a go as you can pick them up cheep if it went tits up. So I searched around and found this site and thought it was worth a go so copied the letter making the changes to suit and sent it off to customer services at PC World just under a week later got a phone call from them to say they would pay the £128-00 Sony wanted for a replacement into my bank account sorted. Phoned Sony paid the £128-00 and arranged for the replacement to be delivered the next day. And it was jobs a good’n I know it’s only a refurb but hay all it ‘s cost was a stamp and a phone call.
    Thanks again

  • Bri 16 December, 4:31 am

    Having just read this has given me some hope, i bought my ps3 on launch day back in march 07 from amazon.co.uk now ive already arranged with sony to deliver me a re-manufactured one , ive already paid £128 for it ,what can i do ? HELP please.

  • Bri 16 December, 4:36 am

    Just to add to that, i also had the ylod problem with my 60gb ps3, and because it was bought onlne with amazon will the above letter be ok in the form of an email ? thanks.

    • Paul 17 December, 11:38 am

      Hi Bri
      With Amazon, you may as well write (recorded delivery) to the legal team. Not e-mail. The fact that you’ve already shelled out MAY jeapordise your claim because under the SOGA, you’re entitled to a replacement or repair. As you’ve already taken your own remedy, Amazon may claim the right to organise the repair…even though it is the same company doing the repair ie Sony. I’ll let you know when I get a response.

  • Carl 16 December, 10:41 pm

    Great post thanks, helped me tremendously.

    To anyone who has a faulty PS3, originally bought from ‘Game’, call this number 0871 594 0022 and work your way through the options to speak to an advisor of the support team. They are very helpful. My PS3 was a full year out of warranty, and would no longer read any kind of disc.

    I was offered, without any hesitance, a repair or a voucher for £249.99 to spend in any Game store.
    Needless to say I opted for the voucher! I assume this is their way of guaranteeing that you purchase a replacement from their store, as opposed to them fixing your faulty one for free, you then selling it second hand, and then going elsewhere to buy the new slim model!

    Be sure to say that you expect at least 5-8 years use out of a product within this price bracket.

    You will need to send your old console to them, but you will also be refunded the cost of delivery.

    Finally it seems at least some retailers are realizing the severity and magnitude of the inherent problem within the console.

    Hope this helps

    Good luck.

    • Paul 17 December, 11:40 am

      No point saying what you expect…and anyway, your maximum cover is 6 yrs under SOGA.

      • Carl 17 December, 10:25 pm

        Paul, I think you missed the point. The retailer needs to hear you say your expectations for the product, it is a trigger, otherwise they will not act on it. Secondly, 5-8 years is the acceptable life time of this product identified in this article to begin with.

        No need to be negative in post that is meant to help.

      • Paul 21 December, 5:34 pm

        Carl – I’m not trying to be negative, but lots of people hear things on forums and then spout it back as if it’s fact. It doesn’t matter what you expect, the fact is that the SOGA gives you rights for UP TO 6 years (5 in Scotland). Do you really think that when you buy a PS3 and you say to the spotty herbert behind the till ” I expect this to last X year” that they make a note of that, that they will remember you…or even be working in the store in 2 years time”.

        I had another friend who’s sons PS3 got the YLOD at the weekend. Unfortunatly, he smashed the thing to bits to get his precious MW2 disk out. I just wish that people could get mobilised to make Sony take action and stop burying their heads in the sand. Amazon have refused to help me, so now I have to decide whether to take them to SCC. To be honest, what with the £55 credit they have offered, plus the fact that I could probably fix it with the heatgun and then flog it, I may be better off (especially in terms of time and effort) to just roll over….but I’ve got the bit between my teeth. Unfortunately I was hoping that a thread like this may have SOMEONE that has taken a retailer to SCC over the YLOD issue and won!

  • Richard 16 December, 11:58 pm

    Justin,

    I’ve been doin some Googling on faulty PS3s and stumbled upon your recent post on this forum.

    Well I also bought a PS3 from the Stansted branch of HMV in December 2007 and it has just developed exactly the same error…I was playing SingStar with friends and it hung in the middle of a song. After I reset the console it wouldn’t read any kind of media whatsoever. Sony have said it’s £99 for a replacement.

    Hopefully I will be able to find a copy of my receipt and then I will take it to Phillips & Co for an engineer’s report and send everything to HMV head office in one go. However, what would be amazingly helpful for me and add a lot of weight is whether you may be willing to scan and email a copy of the letter you received from HMV where they admit there is an inherent laser fault in this batch of PS3s (obviously blacking out your personal details). This provides a nice precedent and hopefully it will work for me. If you still have a copy of the letter and would be prepared to email it to me at richard dot d dot harrison at gmail dot com that would be so helpful. Not to worry if you don’t have a copy of the letter -your post was very helpful in itself.

    Thanks,

    Richard

  • Bri 17 December, 2:17 am

    Having contacted AMAZON today by phone and email as i could find an address this was there reponse, what do you think ?

    Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include, in certain circumstances, repair, refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature of the goods.

    Your item was dispatched to you on March 22nd, 2007 and, until recently, you have used it successfully and reported no fault with the product. As you used the product satisfactorily for a period of time which exceeded the manufacturer’s warranty period, it is not established that the product did not conform to the contract (i.e. was defective) at the time of purchase.

    Given our obligations to you under the Sale of Goods Act and, taking into consideration that you have used this product, without experiencing problems (to our knowledge), for a substantial period of time we will not be offering you a repair, full refund or replacement.

    However, although we do not have an obligation to do so under the Sale of Goods Act or otherwise, as a gesture of goodwill we can offer you 40.00 GBP towards the cost of repairs or alternatively an Amazon Gift Certificate of a value of 60.00 GBP towards your next Amazon.co.uk purchase. Please confirm if you wish to accept either of these offers as a full and final settlement in this matter and I will make the appropriate arrangements.

    I hope this e-mail satisfactorily addresses your concerns. If you have any further questions regarding this matter please do not hesitate to contact us.

    Thank you for shopping with Amazon.co.uk.

    Ronan OLeary
    Executive Customer Relations
    Amazon.co.uk
    http://www.amazon.co.uk

    • Paul 17 December, 11:43 am

      Exactly what I got! Although it was only an offer of £55 credit! Up to you now, I’m thinking of pushing it as far as small claims court as a matter of principle. I know Amazon aren’t to blame, but that is our only legal recourse. However, if enough people exercise their rights, the retailers will stop putting this down to inevitable operating losses and start demanding recourse from Sony.

  • yohance 18 December, 11:28 am

    attempted fix, worked but fault came back…

    am i correct in thinking i cannot approach game to get a replacement now that the warrany seal has been removed?

    but as the warranty had already expired…. should that be an issue?

  • Sharon 18 December, 11:56 am

    Hi all just wanted to let you know that thanks to this link I had a good result with my ps3. Purchased from Argos October 2007 for £349 got the dreaded YLOD two nights ago. Read all your comments and phoned Argos who automatically put you through to Sony. Sony stated that it would be £128 to purchase a reconditioned model with three months warranty as I had already expected. I mentioned to her about going back to retailer and she said it was definately worth a try first as they may replace the model with a new version seeing as they dont do the 60gig anymore or purhaps refund you monies to cover the cost of purchasing a recon one. SOOOOO went off to Argos armed with my old ps3 and receipt. Told the woman that I had phoned their head office who put me through to sony (sony had given me a reference WHICH I had asked for incase I needed to get back to them) Told them sony agreed it was a possible fault. I also showed them the reference and said perhaps you would like to ring them (this seemed enough for the girl to prove that I was not pulling the wool over her eyes) Also stated the amount of £128 to repair or replace with a recon. Told her about this site and said I am within my rights aparently to come back to them under the sale of goods act 1979. She dissapeared firstly saying she didnt think there was much she good do as my warranty was well out. HOWEVER she came back stating that all they could offer was a refund of £128. Now bearing in mind my ps3 was 2yrs old and had been played every day for those 2 years I was pleased with the result! The refund had to be done on an Argos gift card, now that would render it impossible to pay sony for a recon as Argos then has the old ps3 also. I managed to purchase a £120gig slimline with two new games and extra controller for £154.00!! much better option. If it wasnt for this site I would have bought the recon and that would have been that. Thanks a lot :)

  • Sharon 18 December, 12:01 pm

    I also have a query for a friend of mine who has laser trouble on his ps3. He purchased it from Ebay? where would he stand with the Ebay site? He thinks the person he bought it off is foreign so no hope as far as he thinks. Hope you can help
    Sharon

  • ranaz 18 December, 1:44 pm

    hi tony i am new to this website.

    i purchased a play station 3 40GB on 12th December 2007 and it stopped working on the 1st december 2009. i purchased it from games for £350 with 2 games.i contacted games head office they arranged to pick up and sent it to TCR. i have been told it can not be repaired and game has sent me £189.99 on a games gift card.
    the local games does not have a pre owned consoles at this moment and the cheapest new console is 254.99 at the shop. i have tried to get more money from game but they said they can not do anymore as i have had nearly 2years use out of it.
    can you help me please and i have been emailing games.
    thanks

  • Pete 18 December, 3:13 pm

    My PS3, now 20 months old, recently developed the fault with the BluRay drive. After much googling and finding this sight I used the information to quote the ‘sale of goods act’ to Dixons who after a little bit of messing around with several phonecalls agreed to pay me the £99 it costs to have this fixed by Sony. I have since arranghed with Sony to have this picked up and repaired. Sony themselves did not want to know and DO NOT recognise this as a manufacturing fault. They were infact very rude about this. I am still considering the best course of action to make Sony sit up and listen to its customers as I beleive it is them who should be dealing with this!!

    PS. Dixons/Curry’s customer service said they will claim the money back from Sony anyway!!! So to me it’s obvious Sont just don’t want to be held liable in the consumers eyes!! Maybe its time the retail groups did something about this!

  • Fred 18 December, 5:12 pm

    Ranaz,

    There is nothing you can do, as they have offered you a remedy for the problem. Thank you lucky stars they gave £189.99, you only need a further £60 and you have a new one.

    The repair cost £128, so they gave you an extra £60, which is a much better reqard then some people are getting (amazon, no refund at all).

    If you got the original machine fixed for free, and then after 3 months it broke, you would have little chance of getting it fixed. Cut your losses and get a new ps3!

  • Michael W 19 December, 2:22 am

    HI, i purchased a ps3 from a local friend, however the ps3 was already a refurbished version replaced by Sony. It recently developed the yellow light of death,so i phoned Sony’s customer hotline. The offered a replacement of anothe refurbished version for £129 ? I’m wondering what si the best options for me now? Too add, i do not have a reciept of purchase.

    Thank you

    Michael

  • RobS 20 December, 7:18 pm

    Hi,
    I have a question. If I accepted a refurb off Sony (with a 12 month warranty) what are my rights if that breaks down at a later date? Would I still have the 6 year sale of goods act on my side?
    Thanks!
    RS

    • Tony 23 December, 2:38 am

      It depends, did you pay them for the refurb. If so, it’s a new contract of sale. If it was a warranty claim then the orginal contract and SoGA still applies, but they could argue that it has been ‘frustrated’ by the replacement.

      • RobS 26 December, 6:58 pm

        I haven’t decided to pay anything yet :), But yes, it would be for the refurb out of warranty. Thanks.

  • Matt, Bradford 21 December, 3:10 pm

    I explained before that my 60gb PS3 (which I bought just over 2 years ago) got the dreaded YLOD just recentley and how I phoned up Game. They told me to ring Total Console Repair and use a customer/job number that they had given me. Well TCR got it picked up around 2 weeks ago and I just got it back today with a letter saying it has been successfully repaired and has passed a full quality control test. So I set it all up, try to switch it on and, to my horror, it did the exact same thing it was doing before! Switches on for a second, light goes yellow, beeps 3 times and keeps blinking red. How can this have passed a quality control test when it doesn’t do anything different to when I sent it in?

    So, my question is this, Who do I get in contact with to rectify this? Do I need to ring Game (Retailer) or Total Console Repair?

    I don’t want to do the wrong thing and lose my statutory right.

    Thanks

    Matt…

    • Tony 23 December, 2:40 am

      I think they might be the same people. I would contact Game though – they have three repair attempts before it is reasonable to ask for a partial refund or a like-for-like replacement i.e. not brand new.

  • Jonah 24 December, 1:00 am

    Not ammused at all by the customer service given by Toys r Us or Sony. Very confused as to what to do next.

    Wife bought me a PS3 40GB on Dec 17 2007 from Toys R Us (large national retailer)and gave it to me on xmas day. I use it infrequently but looked after it very well (used mainly for online COD4). It cost £350.00 new in 2007.

    Yesterday (22 Dec 09) it suddenly stopped working mid way through online COD4 and switched itself off. I did all the usual things to sort it out like switch off at back, switch off at mains, leave for a few minutes and switch back on again. Nothing happened except red light went to blue to yellow to red in a matter of a second. Tried time and time again. Same result. Yellow light.

    COD4 disc stuck inside. Gutted.

    I am getting COD6 MW2 for xmas. The kids have numerous PS3 bits too, sing star, dance mats, rock band kit, drums, guitars etc None of which can now be used for xmas as the PS3 wont switch on.

    Am frantic. 12 month warranty is up. So started searches on internet to see if their was anything that could be done or if a fix was available.

    Subsequently found the YLOD senario and my god its a huge problem that i was not aware of. My son had the red light of death with his xbox but MS sorted it out at no charge. (Sony need to get this sorted).

    I followed the advise on here and contacted the retailer (Toys R Us) to see what they could do as we still have the original receipt but i was also aware of the EU 2 year directive etc. I explained the situation to them. They didnt want to know. They simply kept repeating their ‘return of goods procedure’. Shop floor assistants passed me from one person to another. They even blatently pretended to be managers to fob me off but where soon caught out lying. I asked to speak with the store manager. He was not available. I asked for his full name and contact number. They refused to give me his full name or contact number stating that he would simply tell me the same thing.

    I finally requested to be passed onto head office and after some time waiting i spoke to a customer services manager called Tina. I asked her if she understood consumer laws. She said she most certainly did. I explained the situation to her. I got the usual rebuttle of ’12 month warranty is over’, ‘not our problem speak to Sony’, ‘nothing we can do’ etc etc

    I reminded Tina of the EU 2 year directive as stated on this and other sites. Tina the customer service manager stated that they were not part of the EU and therefore were not obligated under the law.

    I was confused and asked her to clarify what she meant and who she thought wasnt in the EU. She stated that Toys R Us are not in the EU. LMAO. I asked her to verify her position as a customer service manager with consumer law knowledge and she confirmed both.(This is absolutely true and happened today 23 Dec 2009)

    I asked her what she new about the Sale of Goods act and the 6 year rule. She stated that this was also a Sony problem. Tina the manager refused to give me her surname, particularly once i had told her that she was wrong and asked her to look up the consumer laws on the internet whilst on the phone to me. Tina told me that Toys R Us wont help me as it was a Sony problem. They would take the PS3 console from me and send it to Sony but i will have to pay any repair or replacement charges.

    Sony want at least £128 to fix the problem. A problem that is clearly an inherant one with the internal design spec of these models. It is not just the 20gb and 60gb models from a specific time as stated in an earlier post. Mine is a 40gb from 2007.

    Any suggestions other than the self strip down and heat up or re solder fix that are being suggested.

    I dont see why i should have to do those things to self fix an expensive high end electrical item that should last at least 5 years, which is knackered after just 2 years of relatively low usage. The laws are supposed to protect consumers – so how and why are retailers and manufacturers permitted to act the way they do?

    Any suggestions welcome.

    • Tony 26 December, 10:07 pm

      Hi Jonah,

      I feel for you and the timing is terrible. My kids would have been really disappointed if their PS3 broke as they also got PS3 stuff for Christmas and I got MW2 too.

      Firstly, you should read this about the EU directive as the Guardian caused a lot of confusion about this earlier in the year.

      Secondly, it is best to deal with head office and to do it in writing, so you have an audit trail. Use the letter at the beginning of this article and bear in mind that this might take several weeks of tooing and throwing, but you will get there in the end.

      Given the timing I would be tempted to buy a new one and sell your old one once you have got it fixed or replaced.

      I hope this helps.

      Tony

  • Stephen McKenna 29 December, 1:23 am

    hello,
    I would just like to say thank you for all the information given and explained in the article, and in reply to other consumers questions.

    But I was wondering if you could clear up and clarify what my direct action should be.

    I purchased my PS3 60GB some time at the start of july 2007, from HMV. I had my console replaced by sony free of charge(exchange) in late january 2008.
    Now I have the YLOD with COD MW2 stuck inside.
    Sony’s solution is the same as everyone else in my shoes, £128 for a replacment console by the end of the week and my game returned a further 4-6 weeks later.

    Is my contract with Sony or HMV?

    In either situation will I still need to send a letter and wait several weeks to sort it out?

    OR can I just phone up or go in store stating my rights and with a engineers report in hand?

    P.S. Would opening it up to take the game out make this process any harder ?

    thank you for any advice.

    • Tony 29 December, 1:31 am

      Hi Stephen,

      Your contract of sale is with HMV as the refurb was provided under warranty. Opening it would make it harder but you could ask the engineer doing the report to get it out for you. It is unlikely that you will get this sorted with one call – others in this thread have had success with HMV so you should be encouraged by that.

      Good luck

      Tony

  • Tom 29 December, 5:02 pm

    Let me give you my experience of the PS3. Bought a 60GB PS3 in April 2007; shortly after the warranty expired, the hard drive died. Sony swapped it for a refurbished model, free of charge. Several months later, this PS3 went the same way as the last one. Fortunately, they swapped it again (for another reconditioned model.) Two days before Christmas this year, the third PS3 bit the dust (it was the YLOD.) Sony were not as charitable this time, in spite of the season of goodwill. I am not paying £128 for another reconditioned piece of junk. I’ve found a shop who will fix it for £75. After this I am cutting my losses with the PS3 and I discourage anyone from investing in a Playstation.

  • Carl 29 December, 7:47 pm

    Following my previous post on Dec 16th, I would like to add that ‘Game’ did send me a voucher as promised. However, it was not for the value of £249.99 as agreed over the telephone, but for £179.99 instead. This is their store trade-in value for a 40GB PS3, and although it’s less than we agreed, I am happy with the result. My PS3 was, after all, a full year out of warranty.

    Anybody who bought from ‘Game’ should expect a decent and fair response.

    To the rest of you, keep trying, eventually Sony will acknowledge the problem.

    Good luck.

    Carl

  • Donna 30 December, 1:52 pm

    Yesterday my sons PS3 shut down whilst playing Assassins Creed 2 and wont switch back on, just bleeps and red light flashes.I phoned Sony who told me the only thing i can do is to send it back to them and they will replace it with a refurbished model and a 3 month guarantee for £128. I purchased the console from Marks and Spencer on 5th April 2007 so it is now out of guarantee.I contacted M & S who told me there is nothing they can do. I then discovered this article and armed with my SOGA knowlege today i have phoned M&S and explained that i believe the playstation has not lasted as expected and that i wish to have it repaired or replaced. M&S still tell me as its out of guarantee theres nothing they can do.I am now writing to head office about this. I am very dissappointed that a big company like M&S seem to want to fob me off and after reading other peoples comments on the results they have had with other retailers (PC World, Argos etc) that i may get a happy ending and my distraught son will again be able to complete his quest on Assassins Creed.

  • Jason 31 December, 2:28 pm

    My 60GB Console died with the YLOD I was playing a game it crashed beeped 3 times then dead. It’s obvious Sony released a faulty product I’m going to fix it myself by reflowing the solder on the board as I don’t have the original receipt and paid cash for it on launch day. I’ve lost faith in Sony and don’t think I’ll be purchasing any more Sony products in the future.

  • Graeme 1 January, 2:23 pm

    I cannot beleive all the posts on this site and others with the faulty PS3 console. I have the same disc reading fault as hundreds of others that occured last week. Why oh why can Sony not do the decent thing and recall/repair all these faulty units. They cant deny there is a manufacting fault on these surely.

    As my console was an work incentive (so I never payed any cash for it), is it still covered by the sale of goods act (basically we used to have a scheme where you collected sales points over the years and could convert them into prizes from an external company such as gift vouchers, away days, PS3 etc etc, This was the last thing I got from them in May 2008 when our company stopped paying for the incentive scheme, the company is called AVpromotions & I only have a delivery note)

    Im not sure whether to contact the incentive provider or Sony, looking at all the stories above it looks like david vs goliath with Sony though. Any advice would be appreciated

    Thanks

    Graeme

  • Sarah 3 January, 12:18 pm

    Hiya

    this is what I received from Amazon..

    First of all, I would like to apologise for the difficulties with your order # 026-2704878-3973131 for the Sony PlayStation 3 Console (60GB Premium Version).

    Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include, in certain circumstances, repair, refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature of the goods.

    Your item was dispatched to you on 14/10/07 and, until recently, you have used it successfully and reported no fault with the product. As you used the product satisfactorily for a period of time which exceeded the manufacturer’s warranty period, it is not established that the product did not conform to the contract (i.e. was defective) at the time of purchase.

    Given our obligations to you under the Sale of Goods Act and,] taking into consideration that you have used this product, without experiencing problems (to our knowledge), for a substantial period of time we will not be offering you a repair, full refund or replacement.

    Please note that the manufacturer is often in a better position than the retailer to deal with technical problems affecting their products. Therefore, should you wish to pursue this matter, we would encourage you to contact the manufacturer to see if they are able to provide you with any further assistance. They may be in a position to offer a repair service or could provide you with information on relevant charges for an out of warranty repair:

    – Manufacturer: Sony
    – Phone: 08705 111999

    Thank you for your attention to this email.

    Regards,

    James Brazil

    so I replied with this…

    Thank you for your prompt reply.

    In the UK consumers have statutory rights that give them six years from the date of purchase to make a claim and these are in addition to any warranty provided by Sony. The Sale of Goods Act 1979 is fundamental and says that goods including the Sony PS3 must be:

    Of Satisfactory Quality
    This includes fitness for purpose and life expectancy taking into account the price paid and the nature of the item purchased. I believe that it is reasonable to expect a high-end console such as the Playstation 3 to last 5 – 8 years when used in the home environment with reasonable usage.

    I have contacted Sony and if the console was within the warranty period they would repair/replace the console free of charge as this issue due to a fault and not mis-use. Therefore it is evident that there is a recognised fault with these consoles and the product did not conform to the contract (i.e. was defective) at the time of purchase.

    I look forward to your reply.

    and now they’re saying this….

    Thank you for responding to my email.

    The law grants consumers a recourse against a seller of goods if those goods did not conform to the contract at the time of delivery. After a six months period, it is for the consumer to prove that the product has become defective because of a fault that existed at the date of delivery.

    You purchased your product approximately 26 months ago and, until recently, have used it successfully and reported no fault with the product. Given your satisfactory use of the product for a period of time which exceeded the manufacturer’s warranty period, it has not been established in this case that the product was defective at the time of purchase.

    We will therefore be offering no further assistance with regards a replacement, repair or refund of this item. We encourage you to contact the manufacturer, as they may be able to offer further technical assistance or an out of warranty repair.

    I am sorry that this purchase has been a disappointment for you, and we hope to have a chance to serve you again in the future.

    any suggestions???

    • Tony 3 January, 2:24 pm

      Given your satisfactory use of the product for a period of time which exceeded the manufacturer’s warranty period, it has not been established in this case that the product was defective at the time of purchase.

      Hi Sarah, the burden of proof lies with you so you will need an engineer’s report to establish that the PS3 was defective at time of purchase

      • Sarah 5 January, 9:03 pm

        Thanks, I’ve emailed Amazon back to advise I am happy to get an engineers report to prove there is a prob but I will also expect them to cover the cost of this too. Will post a further update when I receive a response.

      • Tony 5 January, 11:21 pm

        It would be most appreciated if you could.

      • Sarah 13 January, 8:20 pm

        UPDATE: latest email from amazon…

        We will be happy to examine any engineer’s report that you provide to us, and will certainly review the situation at that point. Until we receive such a report, however, we are unable to confirm anything with regards a replacement or repair of your item.

        You can send any such report to us by email at resolution-uk@amazon.co.uk (Please scan and attach the received documents). Alternatively, you may fax or post the required documentation to us at the following fax number or address:

        Free Fax – 0800 496 1083 (UK Only)

        Executive Customer Relations Department
        Amazon CS Ireland Ltd
        Unit 27,
        6400
        Cork Airport Business Park
        Kinsale Road
        Cork
        Ireland

        Regards,

        James Brazil
        Executive Customer Relations
        Amazon.co.uk

        Looks like I’ll be getting a report…

    • Paul 8 January, 12:23 pm

      I was dealing with the same guy…and the legal team. In the end, I decided it wasn’t worth the hassle. I do hope people have the nerve to take it further than I did. Good luck and let us know how you get on.

  • Mangi 3 January, 6:39 pm

    I am also experiencing the same issue. My 60gb PS3 has the YLOD and play.com have offered a replacement if I provide an engineers report that proves a manufacturing fault. I will be happy to do this, however, I cannot find an engineer who can carry out the inspection. Does anyone know a company that completes engineers reports on the PS3 within the midlands? Thank you

    • RobS 3 January, 9:03 pm

      Same here, I need someone in the Northwest. What kind of engineer do they need to be?

      • Tony 5 January, 11:11 pm

        Hi,

        I think people have had some success with local computer repair shops. Try the yellow pages.

        Tony

  • Sean G 4 January, 1:57 am

    My Ps3 has also recently fallen to the dreaded YLOD
    I got it for xmas 07 from my parents
    It was purchased from HMV
    My mum cant seem to find the reciept and we will be phoning sony tomorrow.
    My blueray drive broke at the start of 08 when the ps3 was still under guarentee and sony sent me out a refurbished console.
    Could i still claim from HMV ?

    Thanks
    Sean

    • Tony 5 January, 11:13 pm

      Hi Sean,

      You will still need proof of purchase, but this doesn’t need to be a receipt – credit card statement, loyalty card statement, bank statement will do.

      Tony

  • matthew patrick 4 January, 10:04 pm

    heres one for you, and please respond if you know.

    i had my console 20 months, it went faulty, fine, sent it to tcr through GAME which is where i bought the console (ps3 ylod problem) and got it back had 10 mins of use out of it then it went faulty again…. great, called game who sent it back. they then deemed it beyond economical repair and said they would send me a voucher to get a new one in game.

    bearing in mind i paid £325 for that and a game as a bundle…….
    i then recieve a gane voucher for £179.99

    WTF is that about?? i cant even buy a new one for that and i take care, always clean and look after my ps3! i am an adult and who takes care of my things and i certainly have not overused it.

    how can i get the rest towards a ps3? i dont think thats right. the law states i should have a repair or replacement then a refund in that order but because i have used the console over 2 years they deem my usage as giving it a help in hand as going faulty? they then give me a voucher WHICH I CAN ONLY SPEND IN THERE ANYWAY which i have to put at least another £70 towards to get a new one??

    so in a nutshell. they sell me a console, it goes faulty, they send me three quarters of the value of it to replace it in a store where they will claim for it……. and i have to put my own money towards something that should not have happened in the first place and when it did should have been replaced with smile on THIER faces not a FROWN on mine. ITS OUTRAGEOUS

    Please help…………………

    thanks

    • Tony 5 January, 11:17 pm

      Mathew,

      You are not going to like this, but they don’t have to give you enough to buy a new one. They can deduct an amount for the usage you have had. I assume £179 is enough to buy a refurbished one from Game.

      Tony

  • Simon 5 January, 3:24 am

    HELLO!
    Just spent the last hour reading the whole thread… GREAT READ!
    My Station died on me tonight (YLOD 60gb release model)

    I am arming myself for a war tomorrow at ARGOS, I have two questions that have not been answered in this thread (well 1 question for sure)

    (1) I have the original box with the receipt thing they stick on top to match it to your receipt…. But I dont have the receipt? Problems????

    (2) I got a HIRED copy of Assasins Creed 2 (hired from Blockbuster) currently stuck inside and no way to get it out (unless I brake the seal, which by reading above, I aint gonna touch it.

    So what advice could you offer on that?

    Thanks

    :)

    • Simon 5 January, 5:19 pm

      Just an update, I went into ARGOS and got the usual ‘your waaaay out of warrenty’ after explaining my rights and telling them how it’s unfortunate that ARGOS are stuck in the middle as SONY should come forward and admit the problem, for the cost of repair (well £100) he offered me a brand new 250gb + 2 free games (on sale for £289.00) I know if I wrote to ARGOS, I would of got it free in the long run, but I was looking for a quick fix.

      So thumbs up… got a lovely new machine :)

      • Tony 5 January, 11:19 pm

        Well done Simon, especially as you had no proof of purchase. I think you were lucky, but it is always worth trying esp. for £300.

      • Simon 11 January, 3:42 pm

        Hello again! (I posted about a week ago) I have just contacted Blockbuster and as expected they want to charge me for a copy of the game that was stuck inside.

        Since I already got a replacement console from argos (paying £100 for the 250gb) Is there anything further I can do, so not have to incur the cost of blockbuster?

        Thanks again

      • Tony 11 January, 3:47 pm

        You could make a small claim against Argos for this amount, but I guess their previous offer was a full and final settlement.

  • ShaggyBae 5 January, 6:59 pm

    Can I do this if the warranty sticker has been removed?

    • Tony 5 January, 11:20 pm

      Do what? It will affect your warranty but this is addition to your statutory rights.

      Tony

      • ShaggyBae 9 January, 4:59 pm

        Oh thanks, thing is I bought on ebay from someone whod had it fixed by someone local to them and it worked for a week or so but then got ylod, but I got the receipt in the box so can I write to Currys about this?

      • Tony 11 January, 3:04 pm

        Not really as you were not party to the original contract. That was between the original buyer and Currys.

  • Ben Mercer 8 January, 3:13 pm

    Just wanted to say thanks for the advice found on this site.

    I purchased a ps3 bundle (40gb ps3, 2 games 2 pads 1 remote) 18 months ago from Costco for £374. It broke on new years eve (18 months old), yellow light of death (flashing red in standby and wouldn’t turn on again with COD MW2 stuck inside). I had looked after the machine and never had any previous problems.

    I phoned Sony who guided me through getting the game out and advised me that they could send me a refurb 40gb for £130, at which I was suprised at the cost.

    I initially paid for the replacement but cancelled it when I started to do more research and found this site. On returning to Costco, they provided me with a full cash refund.

    So, I can now purchase a brand new 250gb slimline model with 1 game 1 pad for £260 ! Bizarrely this means I have profited as the machines were more expensive 18 months ago.

    The lesson learned is that when paying large sums for electrical goods it is important where you shop. I would never buy from ebay for example – Costco were brilliant.

    • Tony 11 January, 3:00 pm

      And always keep the receipt safe!!! Well done.

  • tray 8 January, 3:31 pm

    hi guys,im so happy to find this site after just getting off the phone with a sony supervisor!!
    i bought a ps3 60gb for just under £500 from woolworths in november 2007.which was working perfectly fine until i updated the 3.15 firmware yesterday,directly after this the console wouldnt recognise any games at all.the sony guy says its nothing to do with the software and that my system must have been corrupt already.(it wasnt)he wants me to pay £128 for a refurb,which i refuse to pay.i dont have my receipt and i bought it on my bank card.But as the issue is with the firmware that sony sent me(even tho they say its not)What can i do??please HELP!!!!!!!!!!!!!!!!!!

    • Tony 11 January, 3:02 pm

      You would have to prove the firmware broke your PC – I guess this would cost a lot and am not sure how you would do it. The receipt is irrelevant as Woolworth have gone bust. If by bank card you mean credit card then you could make a section 75 claim against the credit card company.

  • Narinder singh 10 January, 4:09 pm

    my ps3 packed it in on the 3rd, called Sony got the same old thing. over the last week been corresponding with the retailer Cex(i know, it was cheap and new), using ‘the Sales of goods act’ form of attack and got nowhere. this is my final reply.

    Thank you for taking the time to write to us.

    We do not sell any new consoles – everything CeX sells is pre-owned. ( it was new everything was sealed including the box)

    Whilst I can fully appreciate your frustration in the issue, as previously stated, the console has been in operation without issue for over 32 months, and as the warranty on the item with CeX has expired by almost 2 years – CeX will enter no further action in regards this issue.

    is this the end of the fight, can’t afford legal action.

    P.S. is there any online petitions over this so we can fight for a recall

    • Tony 11 January, 3:07 pm

      Narinder, tell them that you will be getting an engineer’s report to determine whether it has an inherent fault and assuming this is the case you will start a small claim to recover the cost of the repair, the engineer’s report and any incidental expenses.

  • Mohammed 12 January, 3:40 pm

    HI,

    I would just like to say that this site has been very helpful so far in trying to get my PS3 repaired/replaced due to having the dreaded YLOD issue. Sony have offered me a £131 replacement refurb, but I can’t justify spending that much having spent £425 back in March 2007.

    I have since contacted Littlewoods Direct (aka Very) who having taken my Sony reference number have come back asking for an independent fault report as Sony have failed to admit it’s a manufacturing fault.

    I would be very if anyone can recommend a good repair centre or electricians in East London I could use to obtains such a report.

    Thanks in advanced.

  • TonyN 12 January, 8:03 pm

    Hi

    My PS3 recently stopped reading blu ray discs, so I’ve been reading through this website with interest. I purchased it from HMV less than 2 years ago and plan on sending them a letter quoting sales of goods act, etc to avoid having to pay Sony the £131 they want to repair it.

    But first I thought I’d ring the local store where I purchased it. The store manager told me that it was their store policy to do nothing after the warranty period had expired. So unless I’m interpreting this incorrectly, the policy of HMV is to ignore a law that doesn’t suit them! How are big companies allowed to act in this way? Would it be worth involving trading standards in this?

    The reason I ask is that I’ve got the impression that this sort of thing happens regularly but that most consumers do not know their rights and hence get screwed over by big companies who obviously know the law but choose to ignore it.

    • Tony 12 January, 10:30 pm

      Hi Tony, some others have had success with HMV – try head office. You are quite right very few people actually know what their statutory rights are – including store staff!

  • Marcus Vane 12 January, 9:17 pm

    Dear tony Please help.

    Along the usual stories appearing about faulty PS3’s I am now the NON proud owner of such a device.

    This machine was purchased and give to me as a gift in may 2008, by my best friend. He owns his own business, and used his business account with Ebuyer to purchase this machine, which was delivered directly to me.

    In early December, the PS3 stoped reading discs (all) and I started to look online to see many thousands of people with the same problem.
    As the device was a little over 18months old, has been used for less than 50 hours total, (we only own 6 blue ray films and 1 game) I was very unhappy that for such little use the console was dead. If I was a teenager, or someone who played the console for 10-15 hours a week, it obviously would have failed within a few weeks.
    Although Sony do achknowledge that this is a failure in a small group of devices (less than 1% they claim) obviously my challenge to have this either repaired or replaced should be with Ebuyer.I did contact sony (so they have it on record that the device is faulty) they state that they are NOT obliged to offer a fix for free, even though they can at their discretion.

    So I get back to my friend, who contacts ebuyer, who after a lot of squirming, state that as my friend has a Business account with them, they are only obligated to offer a 28day return warranty, when after this period should any item fail or need a fix, then its up to my friend to deal with the item manufacturer.

    This device was paid for on his company credit card, so I guess we could have some recourse there perhaps. But I do find it a little hard to swallow (as does he) that they are trying to get out of this saying thats its a business to business account, and so they have no liablity.

    Can you please advise, or offer any further assitance?

    Many thanks

    Marcus Vane

    • Tony 12 January, 10:36 pm

      Hi Marcus, you are not covered by consumer law – neither the Sale of Goods Act not the Consumer Credit Act. These were introduced in the 70’s prior to that consumers and business had the protection of common law. You could use the same letter and process you just can’t mention consumer law. You can of course use the small claims process.

  • Marcus Vane 12 January, 11:04 pm

    Thanks for your reply Tony.

    Can I ask then, does it not apply to us then, because it was purchased for all intense and purpose as a business? even though it was a gift?

  • Marcus Vane 12 January, 11:06 pm

    so that would make it no applicable to consumer law, as in this case the person making the purchase is a business, not a consumer?

  • Marylyn 13 January, 3:44 pm

    Hi
    We also have just experienced the YLOD with or ps3 bought just over two years ago from Toys R Us. Will be trying to get some sort of refund with the template letter but I just wanted to know if Section 75 of the Consumer Credit Act applies only to credit cards or if it also applies to HP agreement/Store Cards as we took out a Toys R Us card which is actually supplied by Santander Bank.

  • Simon 14 January, 5:08 pm

    Hello again! (I posted about a week ago) I have just contacted Blockbuster and as expected they want to charge me for a copy of the game that was stuck inside.

    Since I already got a replacement console from argos (paying £100 for the 250gb) Is there anything further I can do, so not have to incur the cost of blockbuster?

    Thanks

    • Tony 16 January, 4:25 pm

      I am afraid not as you have accepted the offer from Argos in full and final settlement I guess.

  • Tony 16 January, 2:38 am

    Clearly the PS3 product itself has no stated MTBF or consumer rated lifespan this is the real issue. Consumer law needs to be firmer and more prescriptive in this area. The returns and historical data indicate a product not fit for purpose. Should individuals simply challenge Sony via the small claims on this stance with the first to win setting a precedent. Has this occurred to date.

    I have a Sony 40gb PS 3 if it fails within 5 years I would anticipate a FOC (or equivalent replacement unit in a pristine condition or better status). No if buts or whatevers. Yes I would approach the original seller (and in parallel Sony to save time).

    Sony will be desparate to avoid the precendent which would be a product recall which reading this forum seems to be close.

    A simple email to the appropriate EU body will trigger an avalanche of emails throughout Europe and the Sony brand image will be compromised forever.

    Sony are you listening. ~£150 repair cost, never ever will that ocurr for myslef. I’d pay for an X-Box and drag you through the courts kicking and screaming for every single penny I’d spent wih you including games and accessories.

    • Tony 16 January, 4:31 pm

      Tony,

      It would be impossible for consumer law to be more prescriptive as lifespan depends on many factors such as operating conditions and usage.

      Unless you have bought the PS3 directly from Sony you have no contractual relationship with them once the warranty has expired. You cannot take them to the Small Claims Court.

      Product recalls are only done for safety reasons not because of quality issues.

      When you get a replacement retailers only have to provide a like for like console i.e. it doesn’t need to be new and a refund only needs to be partial.

      Tony

  • Tony 16 January, 4:34 pm

    I am closing this discussion thread as it is getting a bit unwieldy and difficult to follow. If you have any questions please head over to the consumer forums.