Inherent fault with electrical goods but retailer doesn't exist anymore - help!

northantsandy

Hi all,

I have a PS3 40Gb that is a victim to the inherent BluRay disk fault that is out of warranty.

Sony have told me they can repair it for £99 (well exchange it for a refurb with a 3 mth wtty).

Now....

The Sales of Goods Act says that within 6 yrs if an item breaks due to an inherent fault, it should be rectified for free, but I have to go to the retailer (see http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html).

My problem is that my original retailer no longer exists, so what are my rights now in respect to getting a repair as per the law and my rights?

(This article is over the same fault albeit in Aussieland http://www.news.com.au/playstation-3-update-crashes-game-consoles/story-0-1111116810580 )

Hintza

Who says it is an inherent fault? Do you have an engineers report to back you up?

Tozer

northantsandy wrote: »

The Sales of Goods Act says that within 6 yrs if an item breaks due to an inherent fault, it should be rectified for free, but I have to go to the retailer (see http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html).

QUOTE]

The Sale of Goods Act doesn't say that at all.

From the article you posted:

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

When did you purchase it and did you pay by credit card?

Optimist

If the item cost £100 or over and you paid by credit card then your card company is jointly liable with the retailer. However you will need to proof it is a inherent fault and a engineers report is needed

If you paid cash or debit card then you have a problem and no rights

northantsandy

Hintza wrote: »

Who says it is an inherent fault? Do you have an engineers report to back you up?

Sony issued a Firmware upgrade which was the cause of the problems at a hardware level for certain Bluray disks.

They offered a free replacement to units within the warranty period and charge £99 to customers with a unit outside warranty - and you don't get your unit back but a refurb.

I didn't pay by credit card (search the forums, you'll find out why) and the company was a local store that ceased trading. It had a long history and good standing in the area, just fell victim to the recession.

KeithP

northantsandy wrote: »

I didn't pay by credit card (search the forums, you'll find out why) and the company was a local store that ceased trading. It had a long history and good standing in the area, just fell victim to the recession.

Why should I (or anyone else) be searching forums to find out why you didn't pay by credit card?

So, no retailer, no credit card... you're on you own pal.

That'll be £99 please.

northantsandy

KeithP wrote: »

Why should I (or anyone else) be searching forums to find out why you didn't pay by credit card?

So, no retailer, no credit card... you're on you own pal.

That'll be £99 please.

Bit mean spiritied of you! lol

So why doesn't the law I referenced not cover me here then?

derrick

northantsandy wrote: »

So why doesn't the law I referenced not cover me here then?

Because the retailer has gone, and you did not pay by CC, so you have no one to go after.

I have not searched for why you did not pay by CC, but for future reference, do so.

northantsandy

derrick wrote: »

Because the retailer has gone, and you did not pay by CC, so you have no one to go after.

I have not searched for why you did not pay by CC, but for future reference, do so.

Credit cards are not an option.

If it is the case that there is no recourse, it's a huge gap in consumer laws surely?

Also Sony recalled the units themselves; the retailer is not involved at all. Hence my OP.

woody01

If it's out of warranty you would never prove an inherent fault.
A firmware upgrade certainly doesn't determine there is a fault either. It could be just for an improvement.

Inherent = there at time of purchase.
If that is the case, how is it out of warranty before you complain?

This is a total 'NO GO' and you dont really have a leg to stand on.

northantsandy

woody01 wrote: »

If it's out of warranty you would never prove an inherent fault.
A firmware upgrade certainly doesn't determine there is a fault either. It could be just for an improvement.

Inherent = there at time of purchase.
If that is the case, how is it out of warranty before you complain?

This is a total 'NO GO' and you dont really have a leg to stand on.

The hardware failure is widely reported after a firmware upgrade that directly controls how all the hardware performs and interacts with each part is the cause of the problem.

As the configuration of the hardware hasn't changed since manufacturer and Sony instructed me and all PS3 users to update the firmware, beg to differ.