shipping issue with a return

ScottQS

 i got the most expensive controller Microsoft sell in December 2020, it developed a fault in April 2021 at 4 months old (it started double clicking things when you only single clicked on a specific button), its under warranty so i contacted Microsoft who emailed me a label to ship it for repair around April 27th 2021, i got it back around may 15 2021 with the exact same problem (there's a class action lawsuit in America over these devices failing just after the US statutory 3 month warranty expires) so i immediately contacted Microsoft who offered me a "premium service, upon return of the device" or i could choose my device be "triple checked by the best techs in the world before returning it to me all expidited shipping"

it was a no brainer for me, I wanted the working device in the first place in December so i chose option 2, triple checked repair and expidited shipping, that was on may 22 and I mailed it on the may 23-25,  according to the tracking it's just going around in circles somewhere in Germany, constantly alternating between a delivery date in the past and a message about it being held somewhere for agreement, the tracking says it was incorrectly sorted at the beginning which gave a big delay before it even appeared in germany about a week ago,

I've been in touch with Microsoft support who just keep telling me to wait and nothing is happening, covid delays blah blah blah I'm sick of it.

i have screenshots of every communication and every bit of chat these Microsoft people have said.


what can I do to get my controller? id even be happy with the broken one back now im that desperate it's that bad without it, i feel like I'm getting stolen from

much obliged
.S
tl:dr
dec 2020 buy £150 controller
April 2021 send it for repair under warranty
may 2021- received device back with exact same issue
may 2021 re-ship to Microsoft Germany via UPS ( courier chosen by Microsoft).
june 9 2021 I've still got nothing back and the shipping tracking is showing an anomaly.

cumulatively I've not had a working device since April and i see my Microsoft premium services i cannot use is still active and the device warranty is just evaporating, how is this allowed?

ScottQS

i forgot to mention one of the Microsoft people asked me to chase up UPS, like what? they've got the shipping account, surely it's on them to overnight me a working controller.

neilmcl

Did you buy the controller direct from Microsoft?

You may well be "exasperated" but at the end of the day it's only been in their possession since a week ago so my advice would be to go out and enjoy the sunshine, give them a chance to fix it in accordance with your warranty's T&Cs.

ScottQS

neilmcl said:

Did you buy the controller direct from Microsoft?

You may well be "exasperated" but at the end of the day it's only been in their possession since a week ago so my advice would be to go out and enjoy the sunshine, give them a chance to fix it in accordance with your warranty's T&Cs.

yeah i bought it from Microsoft mate, no offense intended but that advice seems counter intuitive to me, i did give them a chance to fix it and they sent what they say is a different controller, but what they sent had the same serial number and the same problem? 
 to clarify, are you saying there's nothing i can do under as a consumer but wait? how is that even acceptable? 

neilmcl

ScottQS said:

neilmcl said:

Did you buy the controller direct from Microsoft?

You may well be "exasperated" but at the end of the day it's only been in their possession since a week ago so my advice would be to go out and enjoy the sunshine, give them a chance to fix it in accordance with your warranty's T&Cs.

yeah i bought it from Microsoft mate, no offense intended but that advice seems counter intuitive to me, i did give them a chance to fix it and they sent what they say is a different controller, but what they sent had the same serial number and the same problem? 
 to clarify, are you saying there's nothing i can do under as a consumer but wait? how is that even acceptable? 

I'm not saying that at all which was the very reason why I wanted you confirm who the retailer was. Your warranty is an addition to your consumer rights and those rights lie with the retailer.

Now that we've established that MS are indeed the seller then you don't have to accept a second attempt at a repair but just demand a refund instead as is your right under the Consumer Rights Act 2015. The complication arises, however, on just what legal jurisdiction deals with this, are sales from MS bound by UK law or not. I suspect the issue will likely be resolved a lot quicker than any attempts to exercise your statutory rights.

ScottQS

neilmcl said:

ScottQS said:

neilmcl said:

Did you buy the controller direct from Microsoft?

You may well be "exasperated" but at the end of the day it's only been in their possession since a week ago so my advice would be to go out and enjoy the sunshine, give them a chance to fix it in accordance with your warranty's T&Cs.

yeah i bought it from Microsoft mate, no offense intended but that advice seems counter intuitive to me, i did give them a chance to fix it and they sent what they say is a different controller, but what they sent had the same serial number and the same problem? 
 to clarify, are you saying there's nothing i can do under as a consumer but wait? how is that even acceptable? 

I'm not saying that at all which was the very reason why I wanted you confirm who the retailer was. Your warranty is an addition to your consumer rights and those rights lie with the retailer.

Now that we've established that MS are indeed the seller then you don't have to accept a second attempt at a repair but just demand a refund instead as is your right under the Consumer Rights Act 2015. The complication arises, however, on just what legal jurisdiction deals with this, are sales from MS bound by UK law or not. I suspect the issue will likely be resolved a lot quicker than any attempts to exercise your statutory rights.

no problems mate, thanks for clarifying, ill just grab a new one and keep the awol one as a spare, it's actually a work tool, I'm a streamer and i should've had a spare anyway.

thanks again
.S

Aylesbury_Duck

Not sure consumer rights apply here, then.  It's a business purchase.