Help regarding my right to replace a PS3

Thanatos

Tozer wrote: »

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

Damn - wasnt thinking when i was using the template letter - would be more than happy with a repair too.

Should i wait for a reply at this stage and then reduce claim to repair only, or send subsequent email adding that i would be happy for a straight forward repair?

Tozer

Thanatos wrote: »

Damn - wasnt thinking when i was using the template letter - would be more than happy with a repair too.

Should i wait for a reply at this stage and then reduce claim to repair only, or send subsequent email adding that i would be happy for a straight forward repair?

Nah, wait for them to respond first. Otherwise it looks like you are a bit desperate...:rolleyes: Anyway, you never know your luck!

If you subsequently go back after their response and claim costs of repair only, at least it looks as though you are being reasonable.

Thanatos

Yeah, thats sounds like a plan.

HMV still not responded... tempted to send this (below) as a second reminder:

Dear Sirs,

Still, I have yet to receive a reply to either of my emails below. From speaking to a customer service rep on the phone, I was assured the original email had been received and that I was to expect a reply by Tuesday. It is now Thursday.
I would appreciate a full reply by 18/08/09 which is two weeks after the original email. At this point, I will assume you are not prepared to fulfil your legal obligation to repair this product under the Sale of Goods Act 1979 and I will have no choice but to consider the option of Legal representation in this matter, at which point I would also place a claim against your company for any costs incurred.

I sincerely hope it does not have to come to this, as this is a simple case of repairing a faulty item purchased from one of your shops.

Many thanks

You think I should, or leave it until the two weeks are up and email them with a deadline to bring them in line with the credit card company so i can deal with all at same time?

Tozer

Looks good - but don't talk about legal representation and costs as it would be small claims court where you are encouraged not to be represented and no costs orders are given.

Thanatos

Slightly edited the email above and sent it today.

Dear Sirs,

Still, I have yet to receive a reply to either of my emails bellow. From speaking to a customer service rep on the phone, I was assured the original email had been received and that I was to expect a reply by Tuesday 11th August. It is now the 18th, two full weeks after the original email and you have not even had the courtesy so send acknowledgement of receipt.
At this point, I can only assume you are not prepared to fulfil your legal obligation to repair this product under the Sale of Goods Act 1979 and I will have no choice but to consider the Legal route in this matter, making a claim against yourselves via the small claims court. I intend to start these proceedings if I do not hear from you within the next 7 days.

I sincerely hope it does not have to come to this, as this is a simple case of repairing a faulty item purchased from one of your shops.

Sincerely,

Thanatos

I am quite suprised they havent even bothered to acknowledge me - thats just rude!

Thanatos

Just spoke with HMV customer services again to ensure they got the email. Confirmed they recieved this email but deny all knowledge of the previous ones.

The guy on the phone said I had completely misunderstood the sale of goods act and they they only had to repair the item within 2 years under EU ruling.

I explained the EU ruling was in relation to the Warranty length and had nothing to do with the Sale of goods act which covers up to 6 years if the machine developed a fault within a time frame that most people would consider unreasonable.

He refused to budge on this stance. Refused to put his supervisor on the phone (best I could get was the supervisor "might" call me back if he asked him) I laughed at the irony of the situation and was accused of "mocking" him - which I assured him I wasnt.

I asked when I would recieve a reply for my email and was told it would be dealt with in date order (despite the fact the email contained all three I have sent dating back two weeks ago). I asked if he could at least email me his name and acknowledgement that the current email has been recieved, which he promises to do (hasnt arrived yet..)

How annoying is it that these people are not familier with the sale of goods act!!!!



So unless the credit card company comes good (who havent replied for a week), looks like its down to a trip to small claims.

Thanatos

Dear Thanatos,

Thank you for your recent email regarding your Sony Playstation 3 console.
I am sorry if you feel any disappointment with regard to the warranty period outlined by Sony for your Playstation 3 console. All manufacturers of games consoles supply their goods with a maximum warranty period of 12 months. From their experience and knowledge, the manufacturers have deemed this a reasonable period to cover the products taking into account their expected durability and amount of use. Therefore, I am unable to ask you to return to an hmv to to resolve this matter.

It is our belief that at the time it was supplied to you, your Playstation 3 fully complied with the implied warranties under the Sale of Goods Act 1979 (as amended in accordance with European Directive 1999/44/EC) to which you have referred. We are therefore not under any obligation to replace or repair your Playstation 3 free of charge, or to refund the purchase price to you.

If, however, you are able to demonstrate that the fault in your console was inherent at the time of sale we will, of course, revisit the steps we are able to take to resolve this in line with our obligations under the Sales of Goods Act.

Thank you for presenting hmv with the opportunity to explain its policy on this matter.

Kind Regards

Samantha Firth
Customer Service

Seems there was a problem with me recieving emails from HMV... odd, but happy to accept this. Spoke to Samantha on phone who agreed if I get the unit tested and confirmed that the fault lies with the unit and was present from the purchase date it will be replaced. Needs to be an authorised Sony dealer (repair centre) and they will cover the costs of the test if it goes in my favour.

Sounds fair enough to me... any thoughts?

scotnan

Have just found this thread and am going through a similar experience with Sony - at the initial stage of waiting for an actual reply from them at the moment.

Googled 'PS3 yellow light fault' and was shocked at the amount of articles there are about it.

This is my son's PS3 and he saved long and hard (as did lots of others kids) for this console. He has since told me that loads of his mates have experienced the same problem with the PS3 and have all been fobbed off by Sony, a couple of them took the £145 offer of refurbished model only to have to break down within a month.

Between them all they are passing on their experiences around their huge amount of Bebo & Facebook contacts so that other kids won't face the same disappointment. Kids listen to other kids

They have all since bought X boxes.:p

If sony won't play fair then vote with your feet and your wallet and buy from their competitors!!

Thanatos

Latest news is that HMV want me to get an authorised repair centre, but Sony have just confirmed there is no such thing in existense (not for PS3's anyway).

Sony have agreed to send me a letter confirming the fault can occur through no fault of the user - dont know if this will be enough, but will let you know. If its any good, happy to photocopy it and send it to anyone who might need it. Although I have a sneaky suspicion it will be the usual fobbing off rubbish lol

nell35

Thanatos wrote: »

Latest news is that HMV want me to get an authorised repair centre, but Sony have just confirmed there is no such thing in existense (not for PS3's anyway).

Sony have agreed to send me a letter confirming the fault can occur through no fault of the user - dont know if this will be enough, but will let you know. If its any good, happy to photocopy it and send it to anyone who might need it. Although I have a sneaky suspicion it will be the usual fobbing off rubbish lol

Here's hoping it will be good!! I wouldn't mind a copym:D