PS3 , Removal of other os . Mis- sold

chriz1000

Reckon Asda will take mine back? I bought it on the day of release about 4 years ago, I still have the box and receipt. lol

felix65

i sent email to play.com and got this back


The PlayStation 3 was sold with all the advertised functionality of the time. If Sony have since released a firmware update that has reduced this functionality in some way we can certainly appreciate your disappointment, however this change is beyond our reasonable influence or control, and as such we can only suggest you address any enquiries directly to them.

Please accept our sincere apologies for any inconvenience you may have been caused in this matter, and thank you for your understanding and valued custom.

Kind Regards,

Customer Care Team
Play.com

Arg

On the other hand if the law is holding them responsible, they'll have to pay up.
I guess we will find out for sure when small court and other actions start to go through.

drsquirrel

custardy wrote: »

exactly the point,they are penalising those with legit machines and allowing the hackers/modders to have the better deal

thus turning some of them innocent consumers into "hackers"...

And maybe this hacked firmware in place which they never really wanted to bother with in the first place, might give them access to other possible unlawful services at a later date, of which they might not have even got into or anywhere near if they just had their ruddy service from the start.


The whole X360 and PS3 sagas really make me glad I didn't bother with this gen - and makes me wonder if I will when the next big units come out - at least with PC gaming the issues arise per game rather than per hardware/console/etc

stugib

A legal view: http://www.out-law.com/default.aspx?page=10926

esuhl

Interesting article, stugib. Good to see a "proper" legal analysis from Pinsent Masons.

felix65 wrote: »

i sent email to play.com and got this back

The PlayStation 3 was sold with all the advertised functionality of the time. If Sony have since released a firmware update that has reduced this functionality in some way we can certainly appreciate your disappointment, however this change is beyond our reasonable influence or control, and as such we can only suggest you address any enquiries directly to them.

If I were you, I would write back to Play.com with something like this:

Thank you for your email, but I would like to remind you that since you advertised the "install other OS" feature, the fact that it is no longer available means that the console can no longer be considered "fit for purpose" as required by the Sale of Goods Act.

I understand that this may be beyond your control and can appreciate your disappointment at Sony's actions, however it is your responsibility as a retailer to ensure that you comply with the relevant laws. If you are unhappy with the way that Sony have acted, I can only suggest that you address your concerns directly with them.

I therefore ask you again to make a partial refund of £x, based on the amount of time that I have owned the console in a fuctioning condition. If you fail to arrange a payment to me within 28 days, I will have no option but to consider legal action to uphold my rights.

And see what they say to that!

(N.B. This is not legal advice - I'm not a legal expert!)

OlliesDad

esuhl wrote: »

Interesting article, stugib. Good to see a "proper" legal analysis from Pinsent Masons.



If I were you, I would write back to Play.com with something like this:

Thank you for your email, but I would like to remind you that since you advertised the "install other OS" feature, the fact that it is no longer available means that the console can no longer be considered "fit for purpose" as required by the Sale of Goods Act.

I understand that this may be beyond your control and can appreciate your disappointment at Sony's actions, however it is your responsibility as a retailer to ensure that you comply with the relevant laws. If you are unhappy with the way that Sony have acted, I can only suggest that you address your concerns directly with them.

I therefore ask you again to make a partial refund of £x, based on the amount of time that I have owned the console in a fuctioning condition. If you fail to arrange a payment to me within 28 days, I will have no option but to consider legal action to uphold my rights.

And see what they say to that!

(N.B. This is not legal advice - I'm not a legal expert!)

Out of interest, if someone were to take Play to court for breach of Sales of Goods Act, would they need to travel to Jersey to attend?

iapetus

DrScotsman wrote: »

Oh no, not the "secret EU law"! :eek:

Good on the moderator for getting money back, but the EU directive is not law; it is incorperated in law in the Sale of Goods Act (probably among other legislation).

It's a moot point, as the UK is obliged to incorporate the EU directive into law. The fact that the legislation implementing it is scattered across a handful of acts (and in some cases is a superset of the EU directive rather than matching it exactly) doesn't prevent everything listed in the directive from being covered in our law. You can pretty easily track down how the two map to each other if you're willing to put in a little light Google work.

JUNIOR wrote: »

So is this illegal ,have i got grounds to complain and be compensated ?

My answer would be yes. I'd love to see someone go to court over this and set a precedent.

esuhl

OlliesDad wrote: »

Out of interest, if someone were to take Play to court for breach of Sales of Goods Act, would they need to travel to Jersey to attend?

According to the following link, you could begin the case in any county court, but either party can subsequently request that the case be transferred to a different court... Not quite sure what that means in practice, though:

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm#Which_court_deals_with_the_case

WaveyDave_2

OlliesDad wrote: »

Out of interest, if someone were to take Play to court for breach of Sales of Goods Act, would they need to travel to Jersey to attend?

I may be wrong here, or relying on out of date information, but my PS3 was bought from Play, and when I had a faulty controller they didn't want to know. I had to send mine back to Sony for a replacement. They argued that they are not based in the UK, and therefore not subject to the Sale of Goods Act. I took the case to Consumer Direct, who agreed I wasn't able to force the issue with Play.

Things might have changed since though. I said at that time I would never buy an electrical appliance from them again.....