Replacement PS3 Problem, advice?

[marcwilson87]

What are game like in regards to credit on replacements? I have had my ylod repaired 3 times in 3 months, now I have had to send my ps3 to them. They reckon they are only going to give me what it is worth pre-owned.

I obviously want to try as hard to get as much credit as I can to get a new one!

What other experiences have people had here in this respect?

(It is just under 3 years old by the way)

 

[phillipsp]

Just wanted some advice, my problem can I still use the SOGA to take Gamestation to the small claims court as I have had the original bought from them replaced by Sony
Here's the details: Originally bought Oct 2007 for xmas pressie for son, so PS3 not activated till Xmas
Nov 2008 Blue ray disc error - Sony replaced at no cost as agreed not been used from October therefore not had 12mths happy to replace.
Sept 2009 Serious fault crashed in middle of game - after call back from Supervisor agreed to replace again as 'gesture of goodwill' & game also returned.
April 2011 Again serious fault - not switching on, luckily no game inside but after call back from supervisor insisting on £134 to get another refurb, wont replace again as over 12mths

Contacted Gamestation & their response was ' Outside of this period (12 months from date of purchase) your console would be covered under the SOGA 1979, dependant upon the nature of the fault, however, when considering the age of your machine we feel that it has performed within expectation & has proved to be durable with over 3 years useage'

Initially contact with Gamestation I hadn't said it had already failed twice before but just tried the 'should last at least 6yrs' tact and its under 4yrs since I bought it. So should I go back to them & say the longest useage has been about 18mths? Or by having refurbed machines its not their problem any more?

 

[ShYaM_196]

I'm new, so I'm not too familiar with many of these processes

In February 2008, I bought a 40GB PS3 bundle from Zavvi (in shop form, rather than online). Since then, my PS3 has died (switch on, YLOD and red light flashing) and I'm not really sure what to do now; Zavvi highstreet shops have gone bust, with some being bought by HMV. Do I have a right to request a store credit/replacement on the basis of sale of goods act 1979 from them, or am I screwed? Zavvi online supposedly has no links to Zavvi shops apart from by name.

Is there anything I can do or do I need to go to sony for a refurb?

edit: would also like to point out zavvi shops were virgin megastores - do I have any claim against virgin?

 

[silverfox12]

Hello all,

I have just contaced GAME about my 4 yr old 60GB PS3 with the notorious YLOD/RLOD.
This was the email I sent them today,

Dear Sir/Madam,
Following a recent phone conversation with one of your male customer service advisors - which I should add was extremely rude and unhelpful - on Sunday, 14th August 2011 - and a response from SONY, I believe I have the right to claim a free repair/replacement for my Playstation 3, due to it not being of satisfactory quality, under the Sale of Goods Act 1979.

I purchased a Playstation 3 console bundle from your York store on/around 20/06/2007, using banking records as an approximation, for the amount of £537.97. I also took out a GAME extended cover, starting on the 19/06/2007, cert. number 6201752457. I do not have the receipt anymore, because after 4 years and 2 months I had no problems up until the 14/08/2011 and I thought I was lucky. Therefore do not ask me for proof of purchase, but check your electronic records for the stated amount and approx date of purchase. Surely it’s not that hard to find out?

The problem is the notorious YLOD (yellow light of death), followed by the RLOD (red light of death) and the console is unable to be switched on and used. Many Playstation 3 users, of the original 60GB version have come across this problem, so it is not unknown. What was [un]amusing was that I was even playing on the console that day in the morning, then tried to play on it in the evening, and that’s when the fault occurred. This is clearly an inherent fault, as it makes no sense that it was working fine one moment then ‘packs’ in the next.

Sony has quoted £134 to replace the Playstation 3 console with a refurbished model, after stating that the problem was a hardware fault.

I wish to claim a replacement from GAME 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 (6 years under the Sale of Goods Act). Playstation 3 is most certainly designed to last a lot longer than 4 years, especially when Sony Computer Entertainment president Kaz Hirai announced an anticipated 10 year lifespan for the console shortly after it was launched. This is one of my statutory rights as described in the Sale of Goods Act.
Please arrange for my Playstation 3 to be repaired or replaced within 14 days from receipt of this letter.

Might I finally add, we, your consumers pay your wages and if it weren’t for us you would be out of employment. So show that you actually want to help a loyal customer and to those others who are in a similar position as I am.

Yours faithfully,

Ian Cheung

And this is the response I got from them,

Hi Ian,

Thank you for your email.

I am sorry to read that you were disappointed with your recent conversation with our company.

I understand that you spoken to a male telephone agent, if you are able to provide a name of the agent you spoke to I will of course forward this complaint onto his manager.

I understand that you purchased a console on the 20th July 2007, as you may be aware, the guarantee period on this console is 12 months from the date of purchase. Within this period, if your console develops a manufacturing fault we would be happy to either refund or exchange this for you (subject to product availability).

Outside of this period your console would be covered under the Sales of Goods Act 1979, dependent upon the nature of the fault, however, when considering the age of your machine we feel that it has performed within expectation and has proved to be durable with over 3 years usage.
The six years you have quoted is the time limit for bringing a court case in England and Wales (5 years from the time of discovery in Scotland). At present a 'reasonable time' is not able to be defined by the Sales of Goods Act, and if you are wanting to contest the amount of time your console has lasted without incurring a fault, this will need to be decided on in a court of law.

Regrettably in this instance consideration the usage and age of the console will not issue a replacement or repair. You may however choose to contact the manufacturers Sony who do offer a chargeable repair service.
I apologise for any disappointment.

Regards,

Charlotte H

The Team at GAME

I need some advice as to the next best course of action, as I don't want a 'like-for-like' refurbished model from SONY at £134, which equally as liable to break with the same problem.

Thank you in advance!

Ian.

 

[adao]

Hi
i'm new here and joined because i saw this

the page on ps3 and consumer rights

Now i have had the ps3 from day one, bought on release day at full price.

Only yesterday has it developed a fault and YLOD on me.

I'm unsure what can be done, if anything can even be done.

hope i can get the advise i need here

thanks

 

[trickygj]

silverfox12

What Game state regarding SOGA etc. is correct. However, I would say that a £537.00 machine should last longer than 4 years, but it is subjective.

If the machines failed due to a number of different faults then it could be just that they are not designed to last for longer than a few years. If they all suffer from the YLOD then this points to a common inherent fault.

If you can get together enough instances of the problem to prove as best as possible that the machines have an inherent fault then you could file a claim in the small claims court. like Game say, let the court decide. If the court finds in your favour then the retailers and Sony will have a big, big problem on their hands. Why not be the test case?

If I was you I would fill out Form N1 and send them a copy of your intended claim. If they do not respond favourably then file it at the court. It will cost you a small amount to file a claim in the small claim court and you will have no costs if you lose.

I would advise everyone who suffers from the same fault to file a claim. The courts might see this is a common fault and agree with you.

 

[Dalio]

Hi Guys, any help with my response to their 1st reply?

As a side note, I have gone and bought a new PS3 in the meantime. Will this affect my chances of any money back?

It is also to be noted, my receipt will not match the serial number of the PS3. This is because within a week of buying, the fan was making a ridiculous noise. The guy in the 'game' literally did a swap for me without even marking the receipt. At the time I didn't question as I assumed he was a manager but obviously now I feel that if I did get anywhere with this, it could be detrimental to my case. (However I am sure if worst comes to worst they could track the serial to the retailer?)

Best, Dale

Hi,

Thank you for your email.


I am sorry to hear of the difficulties that you have been experiencing with your PS3 console.



As you may be aware, the guarantee period on this console is 12 months from the date of purchase. Within this period, if your console develops a manufacturing fault we would be happy to either refund or exchange this for you (subject to product availability).



Outside of this period your console would be covered under the Sales of Goods Act 1979, dependent upon the nature of the fault, however, when considering the age of your machine we feel that it has performed within expectation and has proved to be durable with over 3 years usage.



You may however choose to contact the manufacturers Sony who do offer a chargeable repair service.


Regards,

Sammi B

The Team at GAME

-------- Original Message --------
From:
Subject: GAME: Contact Us - Playstation 3!

Customer Message:

Dear Sir/Madam,

On 04/01/08, I bought a Playstation 3 40GB from a Game store (Canterbury) for 299.99 (plus games) which is not of satisfactory quality.

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

I wish to claim a repair or replacement as it is reasonable to expect a good 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 receipt can be provided on request.

Please respond to my complaint within 14 days from receipt of this email.

Yours faithfully

Dale

 

[trickygj]

Dalio

Clearly the question is what is a fair amount of time for a £300 console to last?

I would go back and say that you disagree with their interpretation of what is a reasonable amount of time for the console to last and you fully expected it last longer than 3 years when you bought it. The problem is not due to fair wear and tear and you aware of similar faults to the console which points to a manufacturing problem, in other words an inherent fault with the console.

S14(2A) of the SOGA 1979 states 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.

On this definition you believe that the console is not of satisfactory quality and you will provide evidence of similar complaints with the console if necessary. You also feel that an impartial person in a court would would agree with you that the goods have failed prematurely.

The fact you have bought another console will not affect anything but they do have the option repair or replace. Also you would have to prove purchase somehow but this could be by bank/card statement.

You could also ask them to rescind the contract. This would mean that you would return the console and they would provide a partial refund, calculated to reflect the benefit you have had since you bought it. That would be a negotiated settlement.

 

[Dalio]

Dalio

Clearly the question is what is a fair amount of time for a £300 console to last?

I would go back and say that you disagree with their interpretation of what is a reasonable amount of time for the console to last and you fully expected it last longer than 3 years when you bought it. The problem is not due to fair wear and tear and you aware of similar faults to the console which points to a manufacturing problem, in other words an inherent fault with the console.

S14(2A) of the SOGA 1979 states 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.

On this definition you believe that the console is not of satisfactory quality and you will provide evidence of similar complaints with the console if necessary. You also feel that an impartial person in a court would would agree with you that the goods have failed prematurely.

The fact you have bought another console will not affect anything but they do have the option repair or replace. Also you would have to prove purchase somehow but this could be by bank/card statement.

You could also ask them to rescind the contract. This would mean that you would return the console and they would provide a partial refund, calculated to reflect the benefit you have had since you bought it. That would be a negotiated settlement.

Firstly, just want to say I appreciate the response. Lurked these forums for a while and it is amazing the effort and time people put in to help other members, so thank you.

I will mock up an email today hopefully and shall post its contents in this thread.

 

[Dalio]

Firstly, just want to say I appreciate the response. Lurked these forums for a while and it is amazing the effort and time people put in to help other members, so thank you.

I will mock up an email today hopefully and shall post its contents in this thread.

Please see my mock up email..is this ok?

Sammi, thank you for the swift response.

I am aware of the guarantee 12 month guarantee period that Game provides.

Regarding your response to the Sale of Goods Act, S14(2A) of the SOGA 1979 states 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.

The problem is not due to fair wear and tear and I am aware of similar faults to the console, which would point to it being a manufacturing problem, an inherent fault with the console. I can of course provide evidence of similar complaints if necessary.

With this in mind, I disagree with your interpretation of what is a reasonable amount of time for a console costing £299.99 to last. I fully expected it to last longer than three years when I bought it.

On this definition, I believe that the console is not of satisfactory quality. I also feel that an impartial person in a court would would agree with you that the goods have failed prematurely.

 

[trickygj]

Dalio

It looks fine apart from a typo in the last sentence. You need to change 'agree with you that the goods' to 'agree with me'

 

[Dalio]

Haha Ive just noticed that! Cheers, will update with their response

 

[Dalio]

Got a reply..... sorry it's late. Looks like another templatey response, especially with it referring to my 'game'. Would this help if I took it further? What now, boss? Email is below...

>
> Hi Dale,
>
> Thank you for your email.
>
> I would like to apologise for the delay in our response and assure you that this is not our usual response time.
>
> We recommend you visit the publisher’s website to solve your question(s).
>
> Contact details are usually found on the packaging of the game, but if you have lost any of these details they can be found on the company's website.
>
> You can contact the manufacturers Sony who do offer a chargeable repair service.
>
> I apologise for any disappointment.
>
> If you have any further queries please don't hesitate to contact us

 

[crackerjack]

Heres what I sent to Amazon;

Dear Sir/Madam,

On 08/10/09, I bought a Playstation 3 Slim 120GB from Amazon for £244.69 which is not of satisfactory quality.

The problem is that the device completely shuts down approximately 30 minutes after it is switched on. It then cannot be switched back on unless the power plug is switched off from the mains and will subsequently shut down after another 30 minutes or so of use.

I contacted your customer service department by telephone and was advised to speak to the Sony technical support team to obtain an engineer's report on the device. I understand this is to prove there is an inherent fault with the device. Sony informed me that they cannot supply such a report because they do not provide this service and can only replace the console with a refurbished one for £110.

I wish to claim a replacement or repair from Amazon as my contract of sale is with you and it is reasonable to expect a good 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 states in section 14 paragraph 2B:

For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods : :

(a) fit for purpose,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety and
(e) durability.

Please reply to this issue within 14 days from receipt of this message.



And their reply:


Thank you for contacting Amazon.co.uk to bring this to our attention.

I understand that you've already contacted the manufacturer about this matter.

I've checked and I can see that you've deactivated the address for this order from your address book. I'm sorry but I can't create a replacement order to an inactive address.

I've requested a refund of GBP 211.11 to your payment card. This refund should go through within 2 to 3 business days. You should see it as a credit on your next credit card billing statement. This time-scale doesn't include your bank's processing time.

You can see returns and refunds in the “Your Account” section of our website. To do so follow these steps:

1. Click on Your Account at the top of any page of our website.

2. Under "Orders" click the "Your Orders" button, and sign in with your e-mail address and password.

3. On the left hand side of the order click on the “View Order Details” link. Completed returns and refunds will appear at the bottom of the individual order's summary page.

If you're returning an item because you've already been refunded please select "Item was not received by estimated delivery date" from the drop down list as a reason for return. Choose refund from the next page and write in the comments field refund not needed, already issued.

To print a postage-paid return mailing label, visit our web site at

If you'd still like to receive the item(s) ordered, please visit our website to place a new order. You can enter the address of your choice during checkout. Or, to add an address to your account, click the Your Account link at the top of our web site. Under the section heading “Settings”, select "Manage Address Book.” After you have added the address, click the Edit button to enter your credit card number to confirm the address. Please note that an address that's been deleted and re-entered will be considered as a new address by our system.

I hope this helps. We look forward to seeing you again soon.


Which I am rather pleased about. Please note the PS3 was in a bundle with Fifa for £245 so they have reduced the cost of the game.

Hope this helps someone else

 

[john22]

Hi all im new here and would like to share my experiences. My PS3 started having issues with reading hard drive and overheating. I rang gamestation and they told me about sale of goods act and sent my PS3 off for repair it was declared as BER on the 2nd of this month and confirmed BER today I rang gamestation and was told that when they recieve console and report they will issue me with vouchers for £244. I was very happy with this news and just waiting for vouchers now. Does anyone know how long it will take for me to recieve vouchers?

 

[john22]

after being told over the phone that i would receive vouchers totaling £244 i received a gift card today loaded with £159.99 i was disappointed to say the least. is there anything i can do about this as i was only told over the phone and not in writing?

 

[Kalam]

Hello,

My console was purchased November 2007 and developed the yellow light of death a few weeks ago. I've already had the console inspected and repaired by professionals, and I'm trying to reclaim the repair cost from GAME.

I've used the template from here, with a few alterations, to request the repair costs. The first repsonse I got implied they would be willing to give me a new repalcement or a full refund. Unfortunatley I asked them confirm if this was the case and now I'm in a similar situation to Dalio, in that GAME has responded saying they feel the machine has performed within expectations.

I've drafted the follow email in response, I would appriciate any feedback.

Hello,

It seems our interpretation of what is considered a reasonable amount of time to expect a £349 high-end games console to last differ.

My old PlayStation consoles (PS1 & PS2) lasted longer that this, so did my old Nintendo games consoles (SNES & N64). All of which were purchased for a much lower price. My Nintendo Wii which was purchased for £179 and is a year older than my PS3 is still going strong.

I state the above to illustrate that it is not unreasonable to expect a PlayStation 3 to last as long (or longer) than the cheaper games console I’ve mentioned.

Regards,

 

[Kalam]

After a few more email exchanges GAME has told me to take them to court.

Hi,

Thank you for your email.

I am sorry to read that you are disappointed with our response.

Unfortunately in this circumstance given the age of the console we feel that it has lasted a resonable amount of time. Regrettably in this instance we will not enter into any further discussions. At present a 'reasonable time' is not able to be defined by the Sales of Goods Act, and if you are wanting to contest the amount of time your console has lasted without incurring a fault, this will need to be decided on in a court of law

I apologise for any disappointment.

Are there any cases of some one successfully getting money back for a faulty playstation as the small claims court?

 

[Kalam]

What are my chances of getting a successfull outcome in the small claims court?

I would most likely pursue for the full cost of the console or for the cost the replacement I have purchased.

 

[SimonEccles]

Quite surprising reading some of this stuff. I had the same types of problems with my Xbox360 with the ring of death but they were always helpful and I had it repaired several times free of charge.