Sainsburys to court

snoopyginger

Hi,

Looking for some help.

Long story short is:

I bought a PS4 on release date. It's now stopped working and the disc drive wont eject my disk and wouldn't take it in properly.

I took it back to Sainsburys telling them that under the sales of goods act 1979, i should get a repair, replacement or refund.

They hide behind their 12 months guarantee (doesn't effect my rights).

They've told me I will have to pay for an engineers report then they will make me an offer. They are claiming they won't pay back the cost of the engineers report either.

I have also rang Sony and they say its only got a 1 year warranty and it'll cost me £125 to replace it....

How can they get away with that?

Anybody had this problem?

Any advice welcome please

LilElvis

snoopyginger wrote: »

Hi,

Looking for some help.

Long story short is:

I bought a PS4 on release date. It's now stopped working and the disc drive wont eject my disk and wouldn't take it in properly.

I took it back to Sainsburys telling them that under the sales of goods act 1979, i should get a repair, replacement or refund.

They hide behind their 12 months guarantee (doesn't effect my rights).

They've told me I will have to pay for an engineers report then they will make me an offer. They are claiming they won't pay back the cost of the engineers report either.

I have also rang Sony and they say its only got a 1 year warranty and it'll cost me £125 to replace it....

How can they get away with that?

Anybody had this problem?

Any advice welcome please

If an independent report proves that the failure is due to an inherent fault (one present at the the time of purchase but not evident at that time) then Sainsburys must refund you the cost of the report as well as provide a remedy. It's worth noting that if they were to offer a refund then they would be entitled to reduce it to reflect the year plus of use that you have had.

JimmyTheWig

What part of the SoGA do you think it is failing on?
Do you think that Sainsbury's are saying that they don't believe it is failing on that?

TadleyBaggie

snoopyginger wrote: »

I took it back to Sainsburys telling them that under the sales of goods act 1979, i should get a repair, replacement or refund.

That's not what SOGA says, see below.

snoopyginger wrote: »

They've told me I will have to pay for an engineers report then they will make me an offer.

Sainsburys are correct. The PS4 was released in November 2013 in Europe and so yours is over 2 years old. After 6 months (as stated in SOGA) it is your responsibility to prove that the fault was inherent at the time of purchase, this needs to be done via an independent report.

Sony have no part in this, your SOGA rights are with the retailer only.

snoopyginger

JimmyTheWig wrote: »

What part of the SoGA do you think it is failing on?
Do you think that Sainsbury's are saying that they don't believe it is failing on that?

Sainsburys are crying blue murder that they only do a 12 month warranty and that there's nothing they can do.

They're failing because my PS4 hasn't lasted a reasonable amount of time, I paid £399.99 for it and 2 years isn't a reasonable amount of time.

I used the example that If i bought there best TV at say £3,000 and it broke on the 366 day that there's nothing they can do.

TadleyBaggie wrote: »

That's not what SOGA says, see below.



Sainsburys are correct. The PS4 was released in November 2013 in Europe and so yours is over 2 years old. After 6 months (as stated in SOGA) it is your responsibility to prove that the fault was inherent at the time of purchase, this needs to be done via an independent report.

Sony have no part in this, your SOGA rights are with the retailer only.

They tried to tell me they wouldn't pay for the costs of the independent report even if it was proven to be their fault.

marliepanda

You don't have a report yet, so all this bluster is for nothing.

Get the report, Sainsburys have to pay for it IF the report proves an inherent fault. You have gone in quoting the SOGA completely wrong, theyre laughing at you and think youve not got a clue (because thats what you sound like)

Get the report. Then you can start actually having a proper conversation with Sainsburys.

powerful_Rogue

snoopyginger wrote: »

Sainsburys are crying blue murder that they only do a 12 month warranty and that there's nothing they can do.

They're failing because my PS4 hasn't lasted a reasonable amount of time, I paid £399.99 for it and 2 years isn't a reasonable amount of time.

I used the example that If i bought there best TV at say £3,000 and it broke on the 366 day that there's nothing they can do.



They tried to tell me they wouldn't pay for the costs of the independent report even if it was proven to be their fault.

A retailer dosent have to offer a warranty.

As the item is over 6 months old, the onus is on you to prove that it is inherently faulty. Your only option is to get an independent report that states the item is inherently faulty and take this to Sainsburys. They can then either refund, replace or repair. My guess is they will refund, however they can deduct a percentage of the refund to take into account the 2 years use you have had of it.

If the item is inherently faulty, they must also refund the cost of the report, however thats a battle we can advise you of should that situation happen.

This is your only course of action. If you dont do this and jump straight to the court stage as your title implies - You will lose.

Keep_pedalling

They are right that you need to get an independent report, but wrong about not refunding you the cost of that.

The most likely outcome if you can prove it was inherently faulty will be a repair, but if that is not economical you should get a partial refund plus the cost of the report. You wont get a full refund because you have had the use of the thing for 2 years.

The tricky thing is you could pay for a report that says its not an inherent fault so you could be worse of going down that route, so in the long run paying Sony £125 for a replacement may be your best option.

JReacher1

As a layman this line

"the disc drive wont eject my disk and wouldn't take it in properly."

reads like you've jammed a disc into your PS4. Are you sure you haven't broken it yourself?

AJXX

Just a side note; yes a big part of the product no longer works - but the product itself is usable.

I had a PS4 for 1.5 years (before selling it) and never once inserted a disk into the thing - always just downloaded the games from the PS store.

snoopyginger

JReacher1 wrote: »

As a layman this line

"the disc drive wont eject my disk and wouldn't take it in properly."

reads like you've jammed a disc into your PS4. Are you sure you haven't broken it yourself?

No the disc spins half in and out until you push it in, once its pushed in it makes a chugging noise. I've had PlayStation's since PS1, I know what i'm doing one.