Help!!

wezwoakes

Hello,

I purchased a Playstation 3 in december 2009 (5 months out of warranty) and after switching it on recently it now switches straight off and the red light continues to flash.

I contacted PS and they have told me i need to pay £134 and they will bring a refurbished one to my door within 24hrs which i think is terrible after all there recent problems, anyway after long arguments down the phone to them and lengthy emails i seem to be getting nowhere as they just keep telling me i have no other option but to pay.

Is there any thing else i can do????

wealdroam

Speak to whoever sold the thing to you.

Read up on the Sale of Goods Act.

Maybe start with MSE's Consumer Rights article.

jonnyd281

Was it second hand when you bought it, reading your OP suggests it was, if so how old is it?

baza52

i read it as bought 17 months ago (dec 09) and now 5 months out of warranty

Dave101t

well he is stuffed then, especially if it was bought 2nd hand, either way its out of warranty.

visidigi

yep, and the Playstation Network Issues are nothing to do with your PS3 not turning on - if its not turning on how can you link to two when you couldn't even get on PSN even if it was up?

£134 for a refurb, although I would personally go new as there won't be much, if any of a warranty with a refurb...

jonnyd281

baza52 wrote: »

i read it as bought 17 months ago (dec 09) and now 5 months out of warranty

In order to get this fixed under the sale of goods act, you will need an Engineers Report stating that it is an inherant fault that has caused the defect (ie one there at the time of manufacture). Getting this is going to cost you money initially

wezwoakes

Thanks for your replies sorry I didn't make it clear yes it was bought brand new and the network issues do not effect the system what I was trying to say is that with thier recent network issues you would think they would repair it or replace it as a good will gesture. Spoke to them again yesterday and still no luck, I brought it from toys r us has anyone ever had any experience with dealing with these?

wezwoakes

An update:

Today i spoke to TOY's R us and got nowhere the lady on the phone was very rude kept speaking over me and told me i have no consumer rights in this case and my qualm was with sony it has nothing to do with them blah blah blah basically just been fobbed off.

Now i am downloading the template letter and sending it to head office recorded delivery.

visidigi

...you won't get anywhere, I'd give up and cough up for the refurbished one - Sony are under no obligation to replace free of charge in this case - you should expect some cost.

And again, I repeat, the network issues they have are of no consequence or relevence to whether they should provide you with goodwill for your case.

wezwoakes

visidigi wrote: »

...you won't get anywhere, I'd give up and cough up for the refurbished one - Sony are under no obligation to replace free of charge in this case - you should expect some cost.

And again, I repeat, the network issues they have are of no consequence or relevence to whether they should provide you with goodwill for your case.

thats where your wrong my friend this is the problem so many people give up to easy and if you search this forum you will see a number of cases where people have has a repair or like for like given to them by the person who sold it them and i just had this email from consumer direct.

and if you search this forum

Based on the information you have provided the key legal points in response to your enquiry are as follows:

The purchase of the Playstation 3 is covered under the Sale of Goods Act 1979 (as amended)
You should be able to expect that the Playstation 3 purchased will be of a satisfactory quality - free from defects and durable.

If the Playstation 3 purchased is not of a satisfactory quality you are able to pursue the retailer who sold this for a repair, like for like replacement, refund/partial refund.

You are within your rights to request any of the above. If, however, it would be deemed reasonable for Toys R Us to carry out a repair in the first instance they would be within their rights to do so initially. If the repair fails you may then be within your rights to request a like for like replacement or refund of your money.

The trader may request payment towards a replacement or offer a partial refund of your money. The trader would be within their rights to do so when taking into account the length of time you have had the goods and the use you have had out of them.

If a defect appears within the first 6 months of purchase the law assumes it was faulty at supply and the burden to prove otherwise would be the retailer.
However, once goods are more than 6 months old, the onus is with the consumer to prove an inherent fault was present at supply

The above Consumer Legislation states your rights against the Trader Toys R Us and not the manufacturer. These are additional rights over and above any warranty/guarantee which may have been provided at purchase. These rights are valid for 6 years after purchase for purchases made in England.

You would be bound by any terms and conditions stipulated within the manufacturing guarantee and if this has now expired the manufacturer would be within their rights to charge for the repairs.

I would advise speaking to the company in the first instance to see what they are willing to do and if the issue is not resolved make a more formal complaint via a recorded delivery letter (keeping a copy for your records).
There is a template letter available on the website if required.
If the response from them is not satisfactory, please feel free to get back in touch with an update and further advice can be offered.

In addition to your rights your card issuer may offer additional protection by way of a chargeback scheme. This is dependant on the terms of your agreement with them. You may therefore wish to contact them for further information

I will also make the details of your concerns available to Trading Standards for consideration. Your contact details will be made available to them and they can contact you directly if they require any further information or are able to provide feedback in relation to this enquiry.

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.
Thank you for your enquiry.

Yours Sincerely

Lynsey
Consumer Direct.

I am awaiting a reply from toys r us and have also been offered an engineers report for £15