Help faulty ps3!!!!!!!!!!!

michelle0

HI im new to this and it may be a long winded post!
I bought a PS3 from Argos 8/02/11 within 6 months it was going faulty(not playing DVDs freezing when playing games and not turning on)
So I took it back to Argos well within 6 months 29/7/11.
Argos wouldnt do anything until Id rung SONY Helpline which we did.
Whilst on the phone to a nice man at Sony the PS3 suddenly started working:doh:Typical! The complaint was logged.
Last Wednesday the PS3 will not even turn on, we rung sony again and they said it sounded like it was faulty and return it to Argos and it was up to them to return,repair or refund.

Today I have been back to Argos and they will only arrange for the unit to be returned to Sony and for Sony to send us a reconditioned unit as a replacement!
I can understand IF they wanted to send the unit back to have it tested for a fault BEFORE the decided to refund repair or replace.
But we only have 1 option to have a reconditioned replacement.
Im annoyed because we only had 1 game for the PS3 and hardly played on it (prob less than 20 hours in 6 months)

Now my questions are-
1. I thought if something went faulty withinn 6 months it was asumed the fault was there when you bought it? (both sony and Argos say not)
2. Reconditioned unit? I bought a new unit and it was faulty why would I wast a secondhand unit? I would accept a new replacement at a push but I really want a refund as I have lost all trust in the product!
3. Why cant Argos even provide me with a new unit to replace a faulty 1?

There are many more questions but I just dont know what to do.
please help !!!!!
michelle x

Mordecai

Sony only ever send recons out when it comes to ps3's unfortunately

Arg

Her issue is with argos as she bought it from there. There's also links that have been autogenerated at the top of this thread about consumer rights.

somethingcorporate

Unfortunately Argos are extremely difficult when it comes to getting them to fulfil their duties under SOGA with electronic equipment. From my experience they are a shocking company staffed by ignorant, horrible little power-hungry peons. They shouted at my solicitor wife saying she knew nothing about the law whilst blatantly denying our statutory rights in a shop full of customers. I would be surprised if the stupid manager could pour water out of a boot with the instructions written on the heel let alone have any experience in consumer law.

Your best bet is to deal with Sony direct because it is all Argos will do on your behalf and make the chain even longer.

Rant over!

alistair.long

First mistake you made was choosing Argos.

Now you are better off dealing with Sony direct, or you will need to send letters of claim to them and issue court proceedings before any action is taken upon the repair

unholyangel

michelle0 wrote: »

Now my questions are-
1. I thought if something went faulty withinn 6 months it was asumed the fault was there when you bought it? (both sony and Argos say not)
2. Reconditioned unit? I bought a new unit and it was faulty why would I wast a secondhand unit? I would accept a new replacement at a push but I really want a refund as I have lost all trust in the product!
3. Why cant Argos even provide me with a new unit to replace a faulty 1?

There are many more questions but I just dont know what to do.
please help !!!!!
michelle x

1. You are right, but i imagine from their point of view they're treating it as seperate issues. Meaning when it broke last wednesday, it was outwith the first 6 months and the onus is now on you.
2. SOGA only really states a repair, replacement or refund. You can request one over the other but the retailer can refuse if it is disproportionatley costly. Replacement in SOGA (as far as i know) only mentions that the replacement should be on a "like for like" basis. IMO your unit is not new so they wouldnt be obligated to replace with a new. As for refund, any refund given can be partial to take into account use you have had of the goods.
3......well see above

Just a few comments to add. The fact you've only used it for maybe 20 hours in 6 months could actually be a contributing factor or cause (not likely but possible). Some machines/goods/whatever require you use them on a regular basis. Usually this is explained on some random page in the 500 page manual you receive with it (ok maybe not that many pages but you get the point).

While I would say the earlier breakdown is a likely indicator something was wrong, i am by no means an electronics expert (never mind ps3 expert) so it is entirely possible the 2 faults were not connected.

Also, its not the yellow light of death? (the ps3 version of the RROD - Red Ring of Death - experienced by xbox users).

You could request a refund as opposed to a replacement. If they refuse, i'm afraid your options are to accept the reconditioned unit or sending a LBA and going down the small claims route - however i would research this thoroughly first as they are not refusing to remedy the issue, you are merely unhappy with their method of doing so. Technically as long as they are putting you either in:
a) the position you were in before the contract was entered or
b) the position you would be in had the contract been performed correctly
then they are not in breach of contract

Personally i'd take the recon. If that later develops a fault, it would only strengthen any request for a refund. From what i've heard and read.....most people dont have any faults with their recon.

michelle0

Thanks to all of you who have provided help and infomation.
I poped into a different branch of Argos at the weekend, just to ask about their returns policy reguarding the PS3 and surprisingly that manager would be willing to swap my unit for one from new stock!!!:shocked:
unsurprisingly I didnt have the unit with me at the time so will have to return next weekend.
Fingers crossed I can exchange it next week Ill keep you informed.
Mx

Pete44467

Hi People

First time I've been on here but felt compelled to document what will inevitably be a long fight with the company CEX.

My PS3 40gb fatty died last week with the YLOD after 15 months of light usage. It was bought from CEX second hand for £180. Leading up to the premature death the fans had been kicking into overdrive regularly, even though the place in the room, dust clogging etc were definitely not the cause. This makes me think that it is almost definitely overheating that has killed it.

After MUCH googling and research I came to the conclusion that CEX will have to replace/repair the console. I spoke to Sony but as it was second hand I have no contract of sale with them. So, firstly if you're not familiar with CEX then I'll explain. They are a company that sells NO brand new items. They buy and sell on. They also have no customer support telephone number! If you have a greivance then it is email or post only, which is unbelievably frustrating.

So, email number one to CEX;

"Good Afternoon
In July of 2010 I purchased a Playstation3 console from yourselves (I will clarify the exact date, model and cost when I consult my proof of purchase).
This machine was sold with a 12 month warranty, leaving it under 3 months out of warranty.
This console has been very well taken care of and cleaned regularly, never suffering and drops, knocks or rough treatment. Whilst using the console last night, it switched itself off and now will not power on, instead just showing first a green light (for approximately a second) then a consistantly blinking red light. The console is now completely unusable.
It is completely reasonable to expect goods of this nature to last longer than 15 months. This is one of my statutory rights, as detailed in the Sale of Goods act 1979.
With this in mind I would like to discuss either repair or replacement of the console.
Please respond to the aforementioned email address, also copying in my personal email address as detailed below;
I look forward to hearing from you."

They replyed with the following;

"[FONT=arial,helvetica,sans-serif]Thank you for contacting CeX.[/FONT]
[FONT=arial,helvetica,sans-serif]Apologies for the inconvenience caused.[/FONT][FONT=arial,helvetica,sans-serif]
[/FONT]
[FONT=arial,helvetica,sans-serif]I'm afraid we only [/FONT]offer a 12-month warranty on all products excluding consumables. This warranty covers all faults arising during the course of normal use, and does not cover physical damage or water damage [FONT=arial,helvetica,sans-serif]and will not be able to assist with a repair replacement once the warranty period runs out."[/FONT]

After this response I spoke to Consumer Direct (very good service) to check that the SOGA 1979 applied to second hand items sold by a business. It does. They advised that I should persue as I am entitked to what I ask for. So, reply to CEX as follows;

"Good Morning.Thank you for your response.
Firstly, I would like to make clear that this is a formal written complaint.
As mentioned in my previous email, I am aware that your warranty has expired (though only by under 3 months). I am requesting repair or replacement under the 'Sale of Goods Act 1979'.
This states that; "Any item you buy from a trader (eg shop or online shop) must be of satisfactory quality, fit for purpose and as described. If the item is faulty you can usually get one of the following; repair, replacement or a refund" - Quote taken from the Direct.Gov website on 'my consumer rights'.
The Sale of Goods Act applies to second hand items sold by a business as much as it does to brand new items. The fault with my console has occurred through normal usage and the console has lasted less than 15 months. This means I am entitled to either repair or replacement as part of my statutory rights.
Your response is completely unsatisfactory, consisting of what would appear to be copied and pasted sections of your returns policy (which you have not even taken the time to change to a uniform font and size!). I am referring this to Consumer Direct and the Citizens advice Bureaux. Please rest assured that I will not be deterred by your refusal to treat your customers fairly, as I am fully aware that I am entitled to this as part of my STATUTORY RIGHTS.
I await your speedy response."

Their Response;

"[FONT=arial,helvetica,sans-serif]Hey Peter,
[FONT=arial,helvetica,sans-serif]Thank you for your email.

[FONT=arial,helvetica,sans-serif]Unfortunately, as per our company policy, we do offer you a 12-Month warranty period and we will not be able to assist you outside this period.
If you wish to seek redress with any third party/ governing body, you can do so - we will work with them towards a resolve."

I am now going back to Consumer direct. I suspect I will be forced down the Small Claims route, which out of principle I will do. I have emailed a couple of repair companies for a diagnostic, if they state that it is overheating then CEX will surely lose the fight in small claims. I will update asap.

Any advise from people in a similar situation would be appreciated.
[/FONT][/FONT][/FONT]

halibut2209

Sorry, but you have no chance of winning. It was 2nd hand, and you had a 12 month warranty which has expired.

As for SOGA, yes it should last more than 15 months. But is HAS lasted more than that. It's 2nd hand, so could have had years and years of usage.

ccotaxc

Even if you bought it brand new, it would be down to you to prove it was an inherent fault, no?

visidigi

ccotaxc wrote: »

Even if you bought it brand new, it would be down to you to prove it was an inherent fault, no?

correct - would require engineer report as over 6 months