Xbox 360 Disk Drive Problem

GTConsumer23

New Member
Sep 16, 2011
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Hi all

I own an Xbox 360 Elite, one of the last models prior to the release of the Xbox 360 S models. I have had it just over a year and i registered it recently with Microsoft to determine its warranty status. It turns out that my "One Year Standard Warranty" expire on 25th Februrary of this year (2011), however, in the last few months the disk drive has been acting strangely. It will eventually read disks, but it takes several ejects and reinserts before it will read the disk properly. I have gone through the following checklist of troubleshooting options on Microsofts website

  1. Clean The Disk - Done
  2. Try Another Disk - Brand New (i.e. released in the last few days), older disks & preowned
  3. Restart Console - Several Times
  4. Clear System Cache - Several Times
  5. Remove Hard Drive - Done, with witness
  6. Remove All Memory Unit - N/A as i don't use memory sticks/units

My dad purchased it for me (buy credit card) as a present from Argos where i work, and i know that if we did send it away for repair it will go to Microsoft and they will charge me for the repair.

My question though is this:

Microsoft say on their website that their warranties on all their products last for 1 Year. However, they also say that if your console suffers from the Red Ring of Death the warranty lasts 3 Years. I may be pulling at straws here, but does this not imply that Microsoft know that their console is faulty by design and therefore any problems with it should be covered by this 3 Year Warranty?

I have read the post "Faulty PS3 - Know Your Rights" and, if anyone here thinks appropriate, i will look into having an engineer's report conducted on my console and send this to Microsoft as proof of the fault.

Thanks for your help guys.

:)
 

trickygj

Moderator
May 31, 2010
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www.richardgjohnson.co.uk
GTConsumer23

You bought the xbox from argos not from microsoft and any claim you have is therefore with argos and not microsoft. Just because it is out of warranty does not mean that you do not have any rights. Under the Sale of Goods Act 1979 there are impied terms that goods should be as described, satisfactory quality and fit for their purpose. Goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

Guarantees and warranties do not affect your statutory rights as these are an agreemnt between you and the seller for whatever is included in the terms of the guarantees/ warranties.

Section 75 of the Consumer credit Act 1974 makes the credit card company jointly and severly liable for any breach of contract as long as the goods cost between £100 and £30,000.

I would suggest that if the xbox is only 18 months old then you may well have a valid claim. However, because the item is over six months old it would be for you to prove that it had a fault at the time of purchase. It may be that if argos reject the claim then will have to get an independant report comissioned to prove the fault. This may be the case if you contact your credit card company also.

Forget microsoft at the moment and complain to the seller and the credit card company.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
The advice above is good before getting an engineers report speak to Argos. They might replace it without any quibbles, you never know till you ask. Good luck and let us know how you get on.