Help regarding my right to replace a PS3

onebleach3

UPDATE :- Gamestation called me up and they said to come to the store with my ps3. They were JUST About to give me a brand new PS3 120 GB and then they stopped and the technician at the back said, " wait a second, the Hard drive looks like it had been taken out " I said " yeah, I took it out and put it back in because a forum said sometimes reseating the hard drive will solve the problem " and then he said " sorry mate, we cant take it back from you now ".... Gutted. I'll see what I can do from here. I'll update as i go along.

WebMaster_2

onebleach3 wrote: »

UPDATE :- the technician at the back said, " wait a second, the Hard drive looks like it had been taken out " I said " yeah, I took it out and put it back in because a forum said sometimes reseating the hard drive will solve the problem " and then he said " sorry mate, we cant take it back from you now ".... .

Sony has designed the PS3 to allow console owners to perform their own hard-drive upgrades. You can go out and select your own hard drive instead of being forced to buy an official first-party hard-disk accessory.

I tried my hard drive, and it made no difference, I dont know if the retailer is trying to find an excuse and not replacing the PS3.
As long as you put the hard drive back in the same way with all the screws, especially the little blue screw, it is almost impossible to tell if you have taken out the hard drive.
As far as I know replacing the hard drive or taking out the hard drive, assuming you dont whack it or drop it, DOES NOT invalidate any warranty supplied by Sony or the Retailer.
Assuming you have not dropped your PS3 and cracked the outer shell or blocked the fans with something causing overheating, I cannot see why they are not prepared to take back the PS3.

The YLOD is described by Sony as a "non specific hardware fault", however it is very rarely the hard drive that causes the YLOD problems.

I think they are looking for a reason not to replace.

onebleach3

I agree, I think they were just trying to fobb me off. So I wrote another letter that i'm sending today:

---

Dear Store Manager at Gamestation,

Following our meeting on Sunday, I took the initiative in finding out if removing the Hard drive in a Sony playstaion 3 would void the warranty. I have recently found out that it does not; here is a link to the proof (official website):

I even phoned up Sony and asked if it will void the warranty, they said no but they only take back a PS3 with the original HDD. I can assure you that this is the original hard disk drive and you can have a technician analyse it for proof, as I do not want to touch anything in case it would cause more problems.
The reason why I was skeptical when in the shop was because I even checked before I took out the Hard drive to see if it would void the warranty. It was only to this end I proceeded to attempt to reseat the hard drive, in hopes that it would rectify the problem.

I appreciate the advice and kindness that I was given by everybody in the shop and I will fully commend the store managers any chance I get. However you must understand that I am a university student, so coming by money is not easy, thus my only choice is to see this through.

Being that the Hard drive does not void the warranty I am still well within my rights under the Sales of Goods Act 1979. Also the inherent fault, as said by the store manager is known and has nothing to do with the hard drive, meaning me taking out the hard drive doesn’t take away from the fact that I was sold faulty hardware. (I Had a little trouble wording this part, but I think they'll get the point

I preferred to write a letter, as mentioned above, I have come to know that the staff working in gamestation are nice people and therefore I would want to save the awkwardness and bad feelings of having to turn me away again.
I await your reply and I really do thank-you for taking the time to listen.

Yours Sincerely
Hassan Abbas

onebleach3

FINAL UPDATE:- I was just about to send my second letter to my local gamestation when a lady of gamestation enquiries called. I explained the hard drive situation and told her that I had called Sony and said they can verify that taking out the hard drive does not void the warranty. She then said she would call me back in 10 minutes. Sure enough after 10 minutes she called back and said she checked with sony and what I was saying was true and also said she called my local store to give me a ps3. Heres the kicker, as there were no more 40gb ps3s left in the store, they had to give me a 120gb slim ps3, ON TOP OF THAT they renewed my years warranty AAAANNNNNDDD gave me fifa 10 with it LOOLL!!! :T:T:T:T

Thanks Thanatos, Webmaster and whoever else in this thread!!

If anyone has any questions I'll be happy to answer them.

pmduk

Well done, good result

WebMaster_2

onebleach3 wrote: »

they had to give me a 120gb slim ps3, ON TOP OF THAT they renewed my years warranty AAAANNNNNDDD gave me fifa 10 with it LOOLL!!! :T:T:T:T

That is one great result !!!

It is nice to see the retailer taking the time to sort this out and giving you the extras, strange though the sales staff and telephone operators did not know about the warranty situation with the hard drive, hopefully the slim is a bit better with heat issues etc, and you wont need to do this again in 18 months time.

Well Done

I_need_therapy

just for some info as I was checking these threads as my 23 month old 40GB PS3 stopped working due to the Blu-Ray no longer reading anything. Took it back into Gamestation today, told them the issue, told them I would like them to sort it, without issue guy offered me a brand new 120GB slimline model to replace it and if I paid £35 I could get a 2 year warranty with it. very happy, would have just sent it for repair if I had not read these forums. Thanks

blue70

onebleach3 wrote: »

Thanks Esqui, a few questions if you dont mind me asking, quote the right Eu directive for me please? Also am I not covered under that directive? You seem to have knowledge on this subject and I would like to know my rights before acctually going into the store and kicking up a fuss.

Thanks again!

Esqui - Could you reply to this post as I would also be interested in any knowledge that you have on this subject.............

Littlemiss27

blue70 wrote: »

Esqui - Could you reply to this post as I would also be interested in any knowledge that you have on this subject.............

I think Esqui was refering to the info contained in the below quote (which is from this thread http://forums.moneysavingexpert.com/showthread.html?t=2135773).

DrScotsman wrote: »

This "secret EU law" rubbish is STILL going on? If I dismiss this at the beginning of this thread then maybe some people will listen, so here I go:

1. An EU directive is NOT law. It is something that is to be implemented in the member states' own legal system (and in the UK this one has)
2. It does not state that goods have to last two years. Read it:

Article 3
Rights of the consumer
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.

Article 5
Time limits
1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

All this says is that if goods do not conform to contract at the time of sale/delivery then any limitation period for the consumer bringing action against the seller has to be greater than 2 years. In the UK it's 6 years.

Goods conforming to contract at the time of sale (and hence lasting a reasonable length of time) is entirely dependant on the goods. While a lot of things you would try to apply this too should last at least 2 years (laptop, washing machine), a lot of things will not be expected to last at least 2 years.

Hazel2705

Haven't read all the thread. Just to let you know that Game collected my 2 year old PS3 and sent it off for repair today. When I qutoed the SOGA at them they told me they would repair it as they reckon 3 years to be a reasonable amount of time for it to work.