Replacement PS3 Problem, advice?
- Thread starter HelenMarie
- Start date
Hi Tony
I have the same issue discussed here (PS3 bust after 18 months) as yourself. Its exactly the same with it turning itself off after a few seconds. I bought mine from Chips and after being taken from pillar to post by them I sent your template letter off. I did not get the response I hoped for though. Here it is below:
'Firstly Chips Glasgow West End is a franchise and not a Chips company store. Chips Glasgow West End is operated under licence by Franchisee Ken Clark as a sole trader. While it operates under the Chips banner it is a separate business
However we do advise franchisees on issues such as yours and in this instance I would have to stand by the comments made by the Glasgow store. As i understand it from your letter the fault became apparent 18 months after purchase. The letter from Sony (I had written to them too) clearly states that the machine is out of warranty and as such is not covered
It also staes ''The directive you quote was intended to create a minimum safety net of statutory rights for consumers and so required all member states to put in place legislation giving the consumer rights to a remedy from the seller for at least 2 years after purchase, if the product is defective at the time of sale''
In your letter to me you state that the fault occurred after 18 months. I would therefore respectfully suggest that the item was in full working order at the time of purchase and as such is not covered by this directive
Yours sincerely
Don McCabe
Joint MD of CHIPS
Where do you think I can go from here Tony?
p.s the particular store I bought the ps3 from (Chips Glasgow West End) is closing down now
I have the same issue discussed here (PS3 bust after 18 months) as yourself. Its exactly the same with it turning itself off after a few seconds. I bought mine from Chips and after being taken from pillar to post by them I sent your template letter off. I did not get the response I hoped for though. Here it is below:
'Firstly Chips Glasgow West End is a franchise and not a Chips company store. Chips Glasgow West End is operated under licence by Franchisee Ken Clark as a sole trader. While it operates under the Chips banner it is a separate business
However we do advise franchisees on issues such as yours and in this instance I would have to stand by the comments made by the Glasgow store. As i understand it from your letter the fault became apparent 18 months after purchase. The letter from Sony (I had written to them too) clearly states that the machine is out of warranty and as such is not covered
It also staes ''The directive you quote was intended to create a minimum safety net of statutory rights for consumers and so required all member states to put in place legislation giving the consumer rights to a remedy from the seller for at least 2 years after purchase, if the product is defective at the time of sale''
In your letter to me you state that the fault occurred after 18 months. I would therefore respectfully suggest that the item was in full working order at the time of purchase and as such is not covered by this directive
Yours sincerely
Don McCabe
Joint MD of CHIPS
Where do you think I can go from here Tony?
p.s the particular store I bought the ps3 from (Chips Glasgow West End) is closing down now
Hi and welcome to the forum,
The EU directive is irrelevant and the letter should have referred to the Sale of Goods Act which provides cover in Scotland for up to five years depending on the nature of the goods, price paid, etc.
I think Don knows this, I am guessing by his wording. When an item is over six months old the item is not assumed to be faulty at time of purchase, you will need to prove that it is faulty by getting an engineer's report i.e. the burden of proof lies with you.
Tony
The EU directive is irrelevant and the letter should have referred to the Sale of Goods Act which provides cover in Scotland for up to five years depending on the nature of the goods, price paid, etc.
I think Don knows this, I am guessing by his wording. When an item is over six months old the item is not assumed to be faulty at time of purchase, you will need to prove that it is faulty by getting an engineer's report i.e. the burden of proof lies with you.
Tony
If the store goes into administration you will have to get in line with all the other creditors. This is the usual order:
http://whatconsumer.co.uk/forum/other-goods-services/3365-parish-bell-2.html#post6214
Did you pay with credit card? If so, it will be easier to make a claim against them as they are equally liable under section 75 of the Consumer Credit Act.
Tony
http://whatconsumer.co.uk/forum/other-goods-services/3365-parish-bell-2.html#post6214
Did you pay with credit card? If so, it will be easier to make a claim against them as they are equally liable under section 75 of the Consumer Credit Act.
Tony
Hey Tony
Unfortunately I didn't. Am going to write back to Don with the following..
'Dear Mr McCabe
Thanks for your prompt reply. Unfortunately it is not the EU act that I refer to but the UK Sale of goods act. The EU directive is irrelevant and my letter should have referred to the Sale of Goods Act which provides cover in Scotland for up to five years depending on the nature of the goods, price paid, etc.
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.
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'
Am a bit concerned that if the shop closes down (as it is) I'll be screwed and it will be a hell of a lot of hassle to get the thing fixed/any dosh. They do a rapir service (another company picks the machine up from them) and they reckon it will cost £100 to fix. Maybe best to go that way?
Unfortunately I didn't. Am going to write back to Don with the following..
'Dear Mr McCabe
Thanks for your prompt reply. Unfortunately it is not the EU act that I refer to but the UK Sale of goods act. The EU directive is irrelevant and my letter should have referred to the Sale of Goods Act which provides cover in Scotland for up to five years depending on the nature of the goods, price paid, etc.
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.
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'
Am a bit concerned that if the shop closes down (as it is) I'll be screwed and it will be a hell of a lot of hassle to get the thing fixed/any dosh. They do a rapir service (another company picks the machine up from them) and they reckon it will cost £100 to fix. Maybe best to go that way?
Good day Tony,
i've been kind of busy lately, and haven't had the chance to send a letter to my credit company yet, which turned out to be MBNA Europe at the time. i have now drafted a letter based on your original, what do you think? also, on mbna's website, i found this: Step 4: If your complaint is not resolved
i've been kind of busy lately, and haven't had the chance to send a letter to my credit company yet, which turned out to be MBNA Europe at the time. i have now drafted a letter based on your original, what do you think? also, on mbna's website, i found this: Step 4: If your complaint is not resolved
will this have any bearing on my claim or after it??? anyway, here's my letter draft:
Thanks Tony
Started reading the forum about 2 hours ago, Had called Sony 3weeks ago, about my sons ps3 60gb not working (yellow light) was told it would be 145.00 to replace, as it has been replaced twice before free, armed with info/advice from here, got my wife to call Sony for the dates of the replacements, as she was writing a letter to our credit card company to get help, we're now getting a replacement machine delivered tomorrow, Free of charge, cant thank you enough
Kindest regards
Started reading the forum about 2 hours ago, Had called Sony 3weeks ago, about my sons ps3 60gb not working (yellow light) was told it would be 145.00 to replace, as it has been replaced twice before free, armed with info/advice from here, got my wife to call Sony for the dates of the replacements, as she was writing a letter to our credit card company to get help, we're now getting a replacement machine delivered tomorrow, Free of charge, cant thank you enough
Kindest regards
Hey Tony. Sorry for the delay. The store went into administration so I am scuppered there I reckon. It shut down 2 weeks ago so can't see me getting any joy that way. Think I'll have to take up sony's £145 offer. Thanks for all your help though!!
Hi Tony,
I came across your excellent site when trying to resolve an issue with my PS3. I read all the forum posts and used one of your letter templates regarding the Sale of Goods Act for my own problem. The reply I received was more positive than I expected it to be (I expected a flat refusal), I've pasted it here in the hope that you can advise me of what to do next as it isn't really adequate compensation being offered. Basically, the PS3 I purchased from Amazon no longer plays Blu-Ray discs.
Dear Sir/Madam
On 03/12/07, I bought a Playstation 3 40GB from Amazon.co.uk for £261.33 which is not of satisfactory quality.
The problem is that the device no longer plays Blu-Ray discs due to an inherent fault which causes it to eventually fail under normal usage conditions.
I wish to claim a repair as it is reasonable to expect a good of this nature and cost to last longer than just under two years. This is one of my statutory rights as described in the Sale of Goods Act 1979. The manufacturer, Sony, has offered to repair the device at the cost of £128.
The order number is **********. The receipt is available upon request.
Please respond to my complaint within 14 days from receipt of this message.
Dear Sir,
I represent the Executive Customer Relations Group within Amazon.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 (40GB Version) received in December 2007 from your order #***********.
>
> 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.
>
> Amazon 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 21 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, Amazon.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:
>
> 1. An Amazon.co.uk gift certificate to the value of 42 GBP.
> 2. A refund of 30 GBP.
>
> Please note that gift certificate funds are only applicable to items being dispatched from and sold by Amazon.co.uk. Orders placed with third party Marketplace sellers do not qualify for use with Amazon.co.uk Gift Certificates.
>
> Please reply directly to this e-mail 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
> Thank you for your attention to this email.
I came across your excellent site when trying to resolve an issue with my PS3. I read all the forum posts and used one of your letter templates regarding the Sale of Goods Act for my own problem. The reply I received was more positive than I expected it to be (I expected a flat refusal), I've pasted it here in the hope that you can advise me of what to do next as it isn't really adequate compensation being offered. Basically, the PS3 I purchased from Amazon no longer plays Blu-Ray discs.
Dear Sir/Madam
On 03/12/07, I bought a Playstation 3 40GB from Amazon.co.uk for £261.33 which is not of satisfactory quality.
The problem is that the device no longer plays Blu-Ray discs due to an inherent fault which causes it to eventually fail under normal usage conditions.
I wish to claim a repair as it is reasonable to expect a good of this nature and cost to last longer than just under two years. This is one of my statutory rights as described in the Sale of Goods Act 1979. The manufacturer, Sony, has offered to repair the device at the cost of £128.
The order number is **********. The receipt is available upon request.
Please respond to my complaint within 14 days from receipt of this message.
Dear Sir,
I represent the Executive Customer Relations Group within Amazon.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 (40GB Version) received in December 2007 from your order #***********.
>
> 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.
>
> Amazon 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 21 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, Amazon.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:
>
> 1. An Amazon.co.uk gift certificate to the value of 42 GBP.
> 2. A refund of 30 GBP.
>
> Please note that gift certificate funds are only applicable to items being dispatched from and sold by Amazon.co.uk. Orders placed with third party Marketplace sellers do not qualify for use with Amazon.co.uk Gift Certificates.
>
> Please reply directly to this e-mail 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
> Thank you for your attention to this email.
Hi Diaspar,
Glad to be of assistance and hope that we can assist further. When an item is more than six months old the burden of proof lies with consumer i.e. you need to get an engineers report to back up your claim. Amazon have not explicitly stated:
Best wishes
Tony
Glad to be of assistance and hope that we can assist further. When an item is more than six months old the burden of proof lies with consumer i.e. you need to get an engineers report to back up your claim. Amazon have not explicitly stated:
If you don't want to accept this offer the next stage is to get this report confirming that the item has an inherent fault. They will repay you for this but make sure it is produced by someone credible.
Best wishes
Tony
I have written a post here to summarise this thread:
Faulty Playstation 3 Rights | Consumer Information
Have a look and feel free to comment...
Faulty Playstation 3 Rights | Consumer Information
Have a look and feel free to comment...
hi guys my ps3 stopped reading discs and after a litle bit research ive sended a game a letter and quoted hte sales of goods act and this is the response i got from them
Thank you for your email.
As your console is outside of it's standard one year warranty you will need to send this in for repair. To enable us to track your console during the repair please provide the following details:
* Full Name
* Full address
* Type of console
* Console serial number
Once we have received these details we can let you know how to proceed.
I apologise for any inconvenience this may cause.
Regards,
what can you advise me to do next?
Thank you for your email.
As your console is outside of it's standard one year warranty you will need to send this in for repair. To enable us to track your console during the repair please provide the following details:
* Full Name
* Full address
* Type of console
* Console serial number
Once we have received these details we can let you know how to proceed.
I apologise for any inconvenience this may cause.
Regards,
what can you advise me to do next?
Game seem to be quite good at dealing with problems with the PS3 console. Have you seen this:
Faulty Playstation 3 Rights | Consumer Information
It sounds like they are going to repair it free of charge as long as they are confident there has been no abuse i.e. dropped, water damage etc. This is a positive result.
Tony
Faulty Playstation 3 Rights | Consumer Information
It sounds like they are going to repair it free of charge as long as they are confident there has been no abuse i.e. dropped, water damage etc. This is a positive result.
Tony
Hi, I posted this on the comments of the article page about the faulty ps3s, but thought to post here as well.
I bought a 60gb PS3 from Gamestation 2 years ago. Back in May it got the ylod. As the warranty had run out and I didn't know what I know now (about the sale of goods act), I thought I didn't have many options. Rather than pay Sony for a refurbished console or buy a new one, I found out that I could get it sent for repair from my local "Chips" store. So I paid £100 to get it repaired and now its got the ylod again - 2 weeks after the 90 day warranty ran out! - so I am quite annoyed. I don’t feel as if I should be having to pay any more money on it as it is not my fault, so after reading peoples stories on this website I would like to know if I'm eligible to try and get it fixed/ replaced for free. I have reciepts from both the original purchase and the repair. Would the fact that I had it repaired change who I should be claiming to, or the claim itself? - as I'm worried that because I wasted £100 for only a temporary fix I may have lost the right to claim for a repair/ replacement
Thanks
I bought a 60gb PS3 from Gamestation 2 years ago. Back in May it got the ylod. As the warranty had run out and I didn't know what I know now (about the sale of goods act), I thought I didn't have many options. Rather than pay Sony for a refurbished console or buy a new one, I found out that I could get it sent for repair from my local "Chips" store. So I paid £100 to get it repaired and now its got the ylod again - 2 weeks after the 90 day warranty ran out! - so I am quite annoyed. I don’t feel as if I should be having to pay any more money on it as it is not my fault, so after reading peoples stories on this website I would like to know if I'm eligible to try and get it fixed/ replaced for free. I have reciepts from both the original purchase and the repair. Would the fact that I had it repaired change who I should be claiming to, or the claim itself? - as I'm worried that because I wasted £100 for only a temporary fix I may have lost the right to claim for a repair/ replacement
Thanks
I have just replied to this in the article.
If you make a claim from Gamestation you may be asked to prove that it had an inherent manufacturing fault and was not damaged by Chips.
Personally, I think it might be easier to ask Chips to repair it as although the warranty has expired it would be reasonable for the repair to last longer than a few months.
Tony
If you make a claim from Gamestation you may be asked to prove that it had an inherent manufacturing fault and was not damaged by Chips.
Personally, I think it might be easier to ask Chips to repair it as although the warranty has expired it would be reasonable for the repair to last longer than a few months.
Tony