Help regarding my right to replace a PS3

Tozer

You don't need to wait for HMV to sort themselves out. You can proceed against both simultaneously. Suspect your card provider will pay out fairly quickly.

Oodles of experience in small claims. Its really a fairly easy process.

Thanatos

Tozer wrote: »

You don't need to wait for HMV to sort themselves out. You can proceed against both simultaneously. Suspect your card provider will pay out fairly quickly.

Oodles of experience in small claims. Its really a fairly easy process.

Probably a good idea when you put it like that. I will wizz of a slightly edited copy of the letter to the credit card company tonight when I get back from work.

Out of couriosity, do you know exactly what i should be expecting from them in relation to an outcome - would it be a refund, or a repair, or a replacement or could it go either way?

Tozer

Thanatos wrote: »

Probably a good idea when you put it like that. I will wizz of a slightly edited copy of the letter to the credit card company tonight when I get back from work.

Out of couriosity, do you know exactly what i should be expecting from them in relation to an outcome - would it be a refund, or a repair, or a replacement or could it go either way?

Your credit card provider will pay for the repair.

gardner1

i suspect hmv will ask you to prove that there is an inherent fault with ps3 i have same problem with ps3 2 yr old, sony not bothered just wanted old console plus £145 for a refurbished one. Play.com would not budge unless i could prove inherent fault was present after six months.
As far as sony are concerned it is only a minute number which are faulty and as long as 60gb ps3 are still working tough !!!!, might try the credit card route

Thanatos

gardner1 wrote: »

i suspect hmv will ask you to prove that there is an inherent fault with ps3 i have same problem with ps3 2 yr old, sony not bothered just wanted old console plus £145 for a refurbished one. Play.com would not budge unless i could prove inherent fault was present after six months.
As far as sony are concerned it is only a minute number which are faulty and as long as 60gb ps3 are still working tough !!!!, might try the credit card route

Surely providing a sample of the hundred of web pages devoted to this specific problem, along with confirmation from Sony that it is a fault with the system would be proof enough?

The fact that the fault is not so common place as to warrant a recall or extended warranty like the 360 is irrelevent when it comes to proving it is still a fault with the system.

gardner1

but sony wont admit its an inherent fault and also say that its a tiny amount of faulty consoles
here is the response i got from play.com

Dear Mr Leslie,

Thank you for your email.

I am sorry to hear of the problems you have been having with your Sony Playstation 3 Console.

As you point out the Sale of Goods Act can protect you for up to 6 years from the date of purchase (depending on the goods), however after six-months the onus does fall on the consumer to prove that even though the goods were working correctly that the fault has developed through normal use.

I do fully appreciate how frustrating it must be to be in possession of faulty goods, however unfortunately in this instance Play.com is not able to help with this issue unless you can obtain a fault report that stipulates that the problems with your console are the result of an error with the original manufacture, and not caused by use since the item’s purchase.

Once again please accept my sincere apologies for any inconvenience you may have been caused in this matter, and thank you for your understanding and valued custom. I understand this is not the solution you wanted, and I regret I could not be of any further help at this time.

Kind Regards

Mike Scholfield

Play

and response from sony

Dear Ross Leslie,

Thank you for your recent correspondence concerning your PlayStation.

I am sorry to hear of the difficulties that you are experiencing with your PlayStation. I am concerned that you feel aggrieved about our warranty terms and conditions.

First of all I would like to reassure you regarding the quality of our products. All PlayStations are manufactured to a very high standard and our failure rate is well below the consumer electronics industry standard. Whilst every effort is made to prevent failure, it is inevitable, given the technological complexity of PlayStation, that a small percentage of units will fail. The manufacturer's warranty on our product runs from the date of purchase for a period of 12 months. Within this period, the small number of manufacturing anomalies would be identified and rectified by Sony Computer Entertainment at our cost.

In line with industry standards, following the 12-month warranty period, any replacement carries a set charge. In this instance, however, we are unable to waive the charge as your PlayStation is now some months beyond the period covered under warranty.

As our consumer care team advised you, we are able to replace your console with a remanufactured unit. All these units have undergone a rigorous repair procedure where all faulty or worn parts are replaced. Units are then cosmetically and technically tested before being released. We are able to offer this service for a charge of £145, which includes next working day courier delivery to any UK address and VAT. This charge covers all costs incurred by Sony Computer Entertainment UK for the remanufacturing of any unit. No profit is made from the charge paid by you.

Should you wish to opt for this service, please call our Careline quoting reference number 1568845, on 08705 99 88 77 (National Rate), where an advisor will be happy to assist you. Our operating hours are 8am - 10pm Monday to Friday, 10am - 6pm Saturday, Sunday and Bank Holidays.


Yours sincerely,


Yeliz Tunc

Thanatos

gardner1 wrote: »

but sony wont admit its an inherent fault and also say that its a tiny amount of faulty consoles
here is the response i got from play.com

Dear Mr Leslie,

Thank you for your email.

I am sorry to hear of the problems you have been having with your Sony Playstation 3 Console.

etc etc...


Yeliz Tunc

I have bolded the part which is Sony confirming it is an inherent fault. It is irrelevent wether its a tiny number or not. The simple fact is that it is a fault. Try asking Sony to confirm in writing that the fault occurred through no fault of your own rather than admit its their fault. I will try this myself in preperation.

That is almost word for word what they said to me too.

Thanatos

Credit Card email sent:

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

Ref: Section 75 of the Consumer Credit Act 1974

I am writing to request that you reimburse me the value of £425.00 as full payment for a Sony Playstation 3 I paid for with my HSBC credit card to HMV on 01/04/07. The transaction in question was for a total of £647.00, although the item in questions value is only £425.00

My claim is made on the grounds that the item purchased developed a non-recoverable fault within a time frame in which the item would reasonably be expected to last, as defined under the Sale of Goods Act 1979. I have been unable to resolve my complaint with the supplier and that you are jointly and severally liable for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974.

In addition to the cost of the item, I would also like to reserve the right to claim the additional amount of £49.99 for the consequential losses I have incurred as a result of the suppliers breach. These costs are as follows: A Ghostbusters game with the high street value of £49.99 is currently stuck inside the machine which I am unable to retrieve. This brings my total claim to £474.99. However, I would only plan to claim this additional amount if the game inside the machine proves unrecoverable.

I have attached a copy of the email I sent to HMV for your records which details the grounds of the claim under the Sale of Goods Act 1979. To date, I have received no response to this email, although I have spoken to their Customer Services department on the telephone where I was told they would not be offering me a refund or repair of the item in question. They were not prepared to discuss the breach of the Sale of Goods Act 1979 as the staff member I spoke to was not familiar with this piece of legislation.

I look forward to a full and prompt response to this correspondence within 14 days.

Yours faithfully,

Thanatos

tiggs239

Had same problem with PS3 which went wrong after 18 months. I had purchased it from Argos. Argos customer services said they would not be able to help and I should deal direct with Sony. After several days of discussion with my local store and me being firm but patient, the local store manager did actually replace our console without charge. :j

Tozer

OP - you will delay the claim pursuant to s.75 unless you only claim the repair charge.