I paid for a repair service that damaged my Games Console . How can i claim?

lostlogin

Hi

I paid for a repair service on eBay for a game console.

Its a simple fix.

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=280516178482&ssPageName=STRK:MEWNX:IT

The item included return postage

During the transaction the seller could not receive paypal. He had said that there was a problem with ebay checking his account to make sure he was not modifying consoles to play pirate games.

So I had to pay by Bank Transfer.

I received it back after 2 weeks. I worked for a bit in an unusual way, then stopped after a few hours.

He explained it was a simple fix and that i should return it at my expense.

I reluctantly agreed

I contacted him again and he has said that the console my be damaged beyond repair? and that I may have damaged it by operating it in the state i received it in

(He explained that a thermal sensor wire had not been connected and the console had been left to overheat , or something like this)

So it is possible that his original repair not being done properly, may have caused me, to damage my console beyond repair, on powering it on.

He suggested that he would refund the money for the repair but none of the courier costs.

initial bank transfer £35.58
1st courier £12.78
2nd courier £7.04

total £55.40

He still has the console until I pay for a courier to return the faulty item, (even more expense)


Ebay cant help
The bank cant help

Can the small claims court help

What are my options?

adam.mt

Seems he's offering a specific form of repair, thus as long as he does that repair he describes correctly then he's entitled to charge for it regardless of whether it gets your PS3 back working again or not (IMO).

However, in your case there is the possibility that whilst doing the repair he failed to properly connect this 'thermal sensor wire' which lead to subsequent damage (meaning it's 'his fault'). This may also have occurred in transit (meaning either 'his fault' for not making a firm enough connection or insufficient packaging for return transit, or the 'courier's fault' for mishandling the console in transit). Further, this fault may have nothing to do with either (meaning 'your fault').

As you can see the problem would be establishing who's fault it is!

You'd need to pay for an independent report to provide evidence to establish this, you could then forward it to the seller for a possible settlement or proceed to the Small Claims Court.

Afraid it's a gamble which you need to decide whether it's worth taking or not.

Note: The initial carrier service to/from the seller for the repair would be considered his responsibility even if they are at fault since he paid for it (you'd claim from him, he'd in turn claim from them). You sending the console back would be your responsibility since you chose and paid that time.