Replacement PS3 Problem, advice?

[Tony]

Hi Confused_Dude and welcome to the forum. Yes I can indeed help. You should be able to get your PS3 repaired for free as it is reasonable for an item such as this to last longer than 26 months. As you paid on your credit card and the transaction was more than £100 the credit card company is equally liable under section 75 of the Consumer Credit Act. The problem is they, ChoiceUK nor the Credit Card company are going to make this easy for you and you will have to write letters and threaten court action so you might be without a PS3 for a month or so.

You can adapt this letter with your details - Consumer Forum for Expert Consumer Advice and Money Saving Tips

Hope this helps and let us know how you get on.

Tony

 

[Confused_Dude]

Cheers tony, here is the accompany letter i am planning on sending choices uk, let me know what you think...


my address

25/05/2009

Complaints Department - ChoicesUK.com,
Queen Street,
Burton upon Trent,
Staffordshire,
DE14 3LP

Dear Sir/Madam,

On 06/02/07, I bought a Playstation 3 60GB from choicesuk.com for £494.98 (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 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 email (received shortly after ordering), and a which is ample proof that there is a Contract of Sale.

Please arrange for my PS3 to be repaired or replaced or send me £145 within 14 days from receipt of this letter otherwise I will pay for this myself and recover the money through the small claim court.

Yours faithfully

Hugh Potter

 

[Tony]

That's perfect and should do the trick. If they want to be difficult, they might ask you to prove that it is faulty. This is reasonable as the burden of proof lies with you for items over six months. The quote from Sony should be enough, but it might be worth adding that they have confirmed that it is broken to the letter.

Good luck

Tony

 

[bigeminy]

Finally a solution from Game

Hi again

If you have been following this post you may be interested in the following response from Game. I received the dreaded Yellow Light of Death after just 17 months of buying a brand new 60gb PS3. I initially went to Sony who would only replace it if I gave them £145. I then got in touch with Game where I originally purchased it from (their reply is shown below on my previous post). I have now received the following

'I have tested the console and the lead and can confirm that the console is faulty.

Unfortunately we are not able to repair the console, therefore I am only able to offer a replacement. As the 60GB model is no longer available I am able to offer a Giftcard to the value of £250 this will enable you to purchase a pre owned 80GB console from your local store. '

I know this is better than having to pay £145 but I bought the 60gb for its backward compatabilety and the 80gb does not have this. A second hand 60gb is worth more than the £250 being offered. I also bought the PS3 for great deal more than that. If I have to settle for a 80gb version am I entitled to the price of a new one?

Thanks again for your advice

 

[Tony]

Thanks for the update, this is a good result. I think that if you really need the backwards compatibility then you could ask them to pay the £145 for you to pay Sony or they could facilitate this directly. This seems reasonable to me.

Remember that when giving a refund they can deduct an amount that takes into account the usage you have had, so you are not entitled to the price of a new one.

Keep us posted

Tony

 

[Confused_Dude]

hey there, me again, absoloutely sod all from choicesuk as yet, why are they not getting back to me?????!?!?!?!?!

grrrrr...

 

[Tony]

hey there, me again, absoloutely sod all from choicesuk as yet, why are they not getting back to me?????!?!?!?!?!

grrrrr...

Try to give them a ring to find out what is going on

Depending on the outcome of that you can report them to trading stadards and get advice and perhaps intervention from them or start a Small Claim.

 

[Confused_Dude]

i have recieved a reply from choices, it reads something like this:
a-hem...

"Dear Mr ......,
Thankyou for your letter of 25th may.
We are very sorry that you are having problems with your playstation 3.
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 in autumn 2007.
Webb Ivory purchased some of the assets from the administrators, one being the choicesUK website business. your purchase was made with 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 dissapointment this will cause and we hope sony are able to assist you further.
Yours sincerely......."


hmmm.... any suggestions? do i tackle the giant?? or continue to irritate the midget?? (that was a poor pun. and for that i apologise...)

ps, i'm kinda getting withdrawal symptoms, so a speedy result would be great

 

[Tony]

Hi,

As you paid by Credit Card and the item is more than £100, the credit card company is equally liable under section 75 of the Consumer Credit Act. Have a look at this:

Your Consumer Rights When a Retailer Goes Bust | Consumer Information

You need to send the same letter to the credit card company - stating that you are making the claim under section 75 of the Consumer Credit Act which makes them equally liable i.e. it is as if you bought it from them. You could tell them that ChoicesUK has gone bust too.

Tony

 

[Confused_Dude]

thanks so much for all the help tony, so are you suggesting that i send this letter to lloyds tsb??

my address

25/05/2009

Complaints Department - ChoicesUK.com,
Queen Street,
Burton upon Trent,
Staffordshire,
DE14 3LP

Dear Sir/Madam,

On 06/02/07, I bought a Playstation 3 60GB from choicesuk.com for £494.98 (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 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 email (received shortly after ordering), and a which is ample proof that there is a Contract of Sale.

Please arrange for my PS3 to be repaired or replaced or send me £145 within 14 days from receipt of this letter otherwise I will pay for this myself and recover the money through the small claim court.

Yours faithfully

Hugh Potter

i know it needs tweaking, but i'm usnsure as to what to add after taking the unnessecary stuff out, thanks again, you're a star..

 

[Tony]

my address

25/05/2009

LloydsTSB

Dear Sir/Madam,

On 06/02/07, I bought a Playstation 3 60GB from choicesuk.com for £494.98 (including game) which is not of satisfactory quality. Unfortunately I have been informed that the company has gone into administration and I as I paid with my credit card I would therefore like to make a claim under Section 75 of the Consumer Credit Act which makes LloydsTSB jointly and severally liable.

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 repair or replacement from LloydsTSB as my contract of sale as 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 email (received shortly after ordering), and a which is ample proof that there is a Contract of Sale.

Please arrange for my PS3 to be repaired or replaced or send me £145 within 14 days from receipt of this letter otherwise I will pay for this myself and recover the money through the small claim court.

Yours faithfully

Hugh Potter

Let us know how you get on. You may need to phone them to find out where to send this - don't expect the customer service people to know what you are talking about, so you may need to ask for a manager.

Tony

 

[Confused_Dude]

thanks alot buddy, will update you...

 

[albarnet]

Sorry to butt in on the thread, been reading it today because I have an issue also with HMV but with my 17 month old xbox and tony said it would be good reading, and it is. Tony, would you have a look at my proposed response to HMV, have modified it slightly from the posts earlier on here. Thanks

Dear Sir/Madam,

On 02/09/07, I bought an Xbox 360 elite for £299.99 (including game) which is not of satisfactory quality.
The problem is the xbox has developed a fault code, E73, which is afault with the ethernet port. I know this because thre are lots of forums and youtube clips showing this fault before the date I purchased the xbox so it shows that this was a known fault before I purchased it.

Microsoft have quoted £76 to repair the console. I tried the shop I purchased it in and was told it was nothing to do with them and to try microsoft which in retrospect I have found not to be the case. The contract I entered into was with yourselves.

I wish to claim a repair or replacement from yourselves as my contract of sale says 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 till receipt which is ample proof that there is a Contract of Sale.

Please arrange for my Xbox to be repaired or replaced or send me £76 within 14 days from receipt of this email otherwise I will pay for this myself and recover the money through the small claim court.

Yours faithfully

Allan Halsall

 

[Tony]

I would change

I wish to claim a repair or replacement from yourselves as my contract of sale says 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.

To:

I wish to claim a repair or replacement from yourselves as 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.

let us know how you get on

 

[albarnet]

Hi, this is the response I received this afternoon from HMV via email, I have also sent a recorded letter exactly the same just in case.

Dear Mr Walsall,

I am writing in reply to your email regarding your faulty Xbox 360 console.

Firstly please accept my sincere apologies for any inconvenience that may have been caused as a result to the incident described.

I appreciate how disappointing your experience has been and how we have failed to meet your expectations as a company.

hmv prides itself on upholding superior customer service standards and I guarantee this does not reflect the level of quality the majority of products we retail provide.

I have now spoken with a Microsoft representative in regards to the Fault Code E73.

Microsoft have confirmed that this is not a manufacturing error and therefore we are unable to take responsibility for the repair, refund or replacement of the Xbox 360.

May I take this opportunity to thank you for taking the time and effort to write to us and I do hope you will not be deterred from shopping at HMV in the very near future.

Kindest regards,


Karen McIntosh


How do I prove this is a manufacturing fault? There are lots of forums dating back to 2006 that describe this problem so it is obviously a fault that has been a long standing problem.

 

[Chutzpah]

What an excellent reply! I love the way they attempt a weak apology and then wash their hands of it! How do Microsoft know it is not a manufacturing error without looking at it? Are they mind readers? (Or "console readers")

I also really love the copy and pasted phrase at the end:

"May I take this opportunity to thank you for taking the time and effort to write to us and I do hope you will not be deterred from shopping at HMV in the very near future."

Not ruddy likely.

Anyway, as it's beyond six months since you bought it it's up to you to prove it is a manufacturing fault... Has anyone on here done this? I know this Xbox 360 thing is quite 'popular', if that's the correct phrase to use.

 

[Chutzpah]

Good god, I've finally gotten around to reading this thread in its entirety... thank god I own a Wii!

 

[albarnet]

I own a wii too, never play on it so can't compare the two for reliability, just hope that doesn't pack up on me as well!

 

[Tony]

Well the forums say it is a hardware fault

E73: General Hardware Error: Ethernet port... this error is caused by a problem with the Ethernet port.

You could try to get your local Trading Standards Office to talk to them, then your only option is to start a small claim. You could try the credit card company if you paid that way.

Tony

 

[albarnet]

Ive emailed citizens advice with my email and their reply to see if they can point me in the right direction in regards to proving it is a manufacturing fault, the fact they have altered the chipset inside twice since mine was last made to me states there were faults with them.