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

Pete44467

Response received from CEX;

"Hi Peter,
Thank you for your email.
While purchasing the item, it was clearly mentioned to you that we only provide a 12-Month warranty and this does not cover physical and water damage. There is no policy we offer under the Sales of Good Act.
Unfortunately, your item has run of out warranty and as such we would not be able to assist you. Our company policy is very clear regarding returns of good and there is nothing much we can do about it.
As explained in the earlier email, 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 apologize for any inconvenience this may have caused.
Regards"

Again, just stating the warranty, and apparently they have decided they didn't offer a policy under the Sale of Goods Act??

Pete44467

My response;

"Good morning
Perhaps you may benefit from some elaboration on what the 'Sale of Goods Act 1979' actually is. This is a piece of legislation that is over, above and completely separate to any warranty that a company provides. You as a company do not have the option to "offer a policy under the Sale of Goods Act".
As confirmed with Consumer Direct, if I can prove that the malfunction with my console is due to a failure of a component that should not have failed through everyday use and in this space of time, i.e. a reasonable person would expect said component/hardware to last considerably longer, then you are obliged to provide a lasting remedy in the form of repair or replacement. This applies to every retailer and you do not have the option to not be bound by this legislation.
You have mentioned taking this to a third party / governing body. You surely must be aware that there is a process involved in doing so. I am required to try and resolve the situation with yourselves directly before filing a claim through the small claims court. This will now be my next step. I have today sent a letter by recorded delivery with a copy of our email conversations included. As instructed by consumer direct and the CAB I will allow 14 days for a response before filing an official claim.
Hopefully my letter will fall into the hands of somebody that is aware of the laws and regulations that all traders must abide by."

I think this will be my last email to them, it doesn't appear to be getting anywhere. Sending the letter template from direct.gov along with a printed copy of all emails. 14 days to respond to that then small claims i guess.

halibut2209

You do realise that you need an independant report confirming that it's an inherent fault before going to small claims court.

In fact you need to get that report, then approach CEX again, else that would go against you in court.

Pete44467

halibut2209 wrote: »

You do realise that you need an independant report confirming that it's an inherent fault before going to small claims court.

In fact you need to get that report, then approach CEX again, else that would go against you in court.

Yeah, got someone looking at it ASAP, hopefully the end of the week. It's very hard to find somewhere that will diagnose it without sending it off to a console repair company. If anyone knows of anywhere? I'm near southampton.
Although I haven't proved it yet, I'm pretty certain that it's an overheating issue, based on how the unit has been for the last few months. well ventilated, cleaned regularly, yet the fans were kicking into overdrive a lot.
I'm going to keep going with this and if the report doesn't go my way then i'll abandon it. Pretty sure that it will just confirm that it overheated though.

Pete44467

Reply from CEX (this time from what I can assume is a higher manager, after receiving my letter from the template on the direct.gov website, sent recorded delivery);

"Hi Peter,
[FONT=arial,helvetica,sans-serif]I've just received your letter regarding your PS3 which has developed a fault. I'm afraid that as per our previous emails with you, we are unable to assist with a repair or replacement as the item is well outside of our warranty period.[/FONT]
[FONT=arial,helvetica,sans-serif]I understand that you are not happy with us explaining our warranty procedures to you, but I must reiterate that CeX offer a 12 month warranty only - if your item develops a fault throughout the course of normal use within this time, we'll be happy to help. However, if the item develops a fault outside of this time, we are unable to assist.[/FONT][FONT=arial,helvetica,sans-serif]
[/FONT][FONT=arial,helvetica,sans-serif]I am sorry that we are unable to extend the warranty for you, and if you wish to seek redress, we'll be happy to stay in contact to find a resolve.[/FONT][FONT=arial,helvetica,sans-serif]
[/FONT][FONT=arial, helvetica, sans-serif]Kindest regards"[/FONT]

I can't believe that after my last email, they still have yet to comment on the SOGA! They are just blatantly ingnoring it and stating their warranty period over and over again. So, my response;

"Yet again, I have received a response that does not address the obligation that you as the retailer have under the SALE OF GOODS ACT 1979!Perhaps if your company had enough respect and courtesy towards it's customers to offer a telephone service then I might be able to get somebody to even acknowledge the points that I have raised. Every single email I have sent explains very clearly that this has NOTHING TO DO WITH THE WARRANTY PERIOD!!
The console is now under going a diagnostic report. If this report confirms that the unit overheated due to an inherent fault, then I will be issuing proceedings and settling this through the small claims court. CEX will be liable for the court costs and please rest assured, I am filing this claim with absolute confidence that I am within my rights. I will be reporting your customer service and refusal to abide by clear regulations that govern traders to the local papers and watchdog, who are very interested in hearing about not only the inherent fault that affects this particular console, but traders such as yourselves who refuse to operate fairly and legally.
Please take this email as notice that proceedings will be issued based on the results of the diagnostic report being carried out. I will notify you again when the report is in my possession.
I expect a reply to this email that addresses your obligation under the Sale of Goods Act 1979, and why you feel that your company does not have to trade under this legislation. This is my fifth email to you and I still have not had a response that addresses this, instead just blatantly ignoring it."

I have caved and bought a 160gb slim over the weekend , which I love! Definitely not dropping this though. I'll update with their response as and when...

FYI the slim was an extremely good deal, HMV - 160gb slim PS3 with Fifa 12 included for £189.99. traded Fifa straight back in for cash which brought the cost of the PS3 down to £165. CeX's price for a pre owned 160 GB is £190...

Pete44467

Should add, the slim I bought from HMV detailed above was brand new

arcon5

Pete44467 wrote: »

Just spoken to Consumer direct again as you had me doubting! they said that unless the item is clearly marked as having a fault then the same rules apply. They said that it shouldn't make any difference that it's from CEX and second hand to if it were say HMV and brand new.

I'm not sure I believe that tbh. If for example you buy a brand new Vectra car expected to last 15 yrs, if it broke after 1 yr that would not be satisfactory, if I on the other hand bought a 14yr old Vectra and it broke after a year, i'm not sure I would have a case -- this would though be reflected in the price you pay and why like anything, cars loose value fast.


SOGA does actually consider price and description (ie the fact it is second hand)

Goods of any kind are of merchantable quality within the meaning of subsection (2) above if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances.

(I'm not saying you don't have a case btw, im saying bear this in mind)