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30 Jul 2009
By infaddict

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If your PS3 is out of warrrany & dead - YOU MUST READ THIS!

181 Replies 8,696 Views Created 30-07-2009

This thread is a must read if you own a dead PS3 which is out of warranty.  Thanks to lots of research by me, plus snippets from these forums and the internet, I am hoping I can save some of you lots of hassle (and money).

 

Brief history

 

I own a original PS3 60GB bought from GameStation approximately 3 weeks after release date.  It is now over 2 years old and recently developed a fault.  The unit will turn on for 1 second, sound out 3 beeps and then turn off, with a red blinking light.  There is no way to get the unit to turn on successfully.  A game disc was also stuck inside.  A call to Sony tech support didn't help and they couldn't fix it.  The offered to repair the console but would charge me about £150 to do so! 

 

 

What I found out 

 

After many hours or research, calls to trading standards and to BBC watchdog, I found out a valuable piece of information regarding the "Sale of Goods Act" which is a part of English law (I cannot comment for outside of England).  In a nutshell, this law states that as long as you have proof of purchase, any purchased goods must be of "satisfactory quality" and be "fit for purpose".  Proof of purchase is either your receipt or a copy of your bank/credit card statement showing the transaction.  It also states that the retailer, not the manufacturer is responsible.  Finally, it states that a consumer has up to 6 years to make a claim under this law.

 

What I did

 

I wrote a letter to GameStation and attached a copy of my bank statement from April 2007 (with the purchase highlighted).  I have copied the exact letter below (with my personal details removed) :

 

Your name First line of address Second line of address Third line of address Fourth line of address Contact telephone number Owner/Manager’s name First line of company address Second line of company address Third line of company address Fourth line of company address Today’s date Dear Sir/Madam, RE: Faulty goods and the Sale of Goods Act 1979 (as amended) On [date of purchase] I bought a [description of purchase] from you for [insert price] which has stopped working. The problem is [enter description of fault]. The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller. This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements. The law also says I have six years from the date of purchase to claim damages for faulty goods. My goods are not [delete as appropriate - as described/fit for purpose/of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended. Please respond to my complaint within 7 days from receipt of this letter. Yours faithfully, [your name]

 

 

This letter was my backup should my discussions with the store manager fail.

 

I visited the store where I purchased the item (GameStation, Newcastle Upon Tyne) and spoke with the manager first (without slamming my letter on the table).  He hadn't heard about the "Sales of Goods" act and initially tried to tell me that I was only covered by the 1 year Sony warranty.  I explained that this law was related to the retailer (i.e. him) and not Sony.  I then presented him with my letter and asked him to open and read it, which he did.  He then agreed to contact head office and asked me to come back later in the day.

 

 

The outcome

 

I returned later that day to be informed that they would gladly swap my broken PS3 for a new 80GB model there and then.  As a gesture of goodwill they also replaced my game that was stuck inside the machine.  So I now have a brand new 80GB PS3, with a new controller.  This is under Sony guarantee for 1 year. 

 

I'd call that a result :Thumbs:

 

 

 

So.... I hope the above helps some of you in the same situation as me.  I can't believe after 3 weeks of worrying, I now have a shiny new machine.  Please reply if you need any further information or assistance and I will help as much as I can.

 

Cheers.

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03
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paintballjoe

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Just to let you know- I'd advise getting Games warranty. My 60GB broke "beyond repair" and they are sending me a gift card for game worth the original purchase price- £425. I'm happy with that :D I'll buy a slim and a 40GB ;)
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02
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fiddie1987

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donwhann wrote:

opticdeath wrote:
I bought my PS3 from Woolworths so I'd be screwed if my PS3 died on me :(

yeah thats a defo £128 in sony's sky rocket.....................unless you go 3rd party.


 

i got mine from woolworths it died saturday after two calls to them and a call back to me from management my free of charge refurb is comin 2morrow, i brought it in jan 08 and was given a refurb in may 08 also after gta killed the fan for some reason so its well out of warranty
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02
/16

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YLOD for the third time last night, and it had call of duty in it :( :( I've had enough now so im sending the stuff off to argos and we'll see what they have to say.
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02
/16

northernangel

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Boo Hoo!!! I bought mine from zavvi so i'm screwed basically! Launch 60gb got ylod after 18mnths and sony just don't wanna know! I dont want to pay £128 for a refurb that will only be covered for 3mnths so i've been and bought a slim with 3yr warranty and am eagerly awaiting watchdog!!!   
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02
/16

g0tht3ch

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Watchdog will be very interesting later....the BBC have also just posted this :

 

http://news.bbc.co.uk/1/hi/magazine/8253915.stm

 

To quote, it states (regarding the "Sale Of Goods Act")  :

 

It works like this. For the first four-five weeks you have a "right of rejection" - if the item you've bought breaks down, you can demand a refund.

 

For the next six months, you are entitled to replacement or repair of the goods. It is up to the retailer to prove there was nothing wrong with it if they wish to get out of having to do the work. And then after six months, there is still a duty to replace or repair faulty goods, but the onus is on you, the consumer, to prove that there was something wrong.

 

And the key time span is six years. That's how long goods may be covered by the Sale of Goods Act. It all depends on what "sufficiently durable" means. If a light bulb goes after 13 months, the consumer is not going to be overly gutted. If their washing machine goes after the same time span they are going to be livid. 

 

My emphasis there, but apparently we're still covered by the SoGA, for 6 years, which would mean ALL PS3s are covered - so if Watchdog find (or Sony admit) a manufacturing fault/defect, then strictly speaking, it's their problem... 

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02
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g0tht3ch wrote:

Watchdog will be very interesting later....the BBC have also just posted this :

 

http://news.bbc.co.uk/1/hi/magazine/8253915.stm

 

To quote, it states (regarding the "Sale Of Goods Act")  :

 

It works like this. For the first four-five weeks you have a "right of rejection" - if the item you've bought breaks down, you can demand a refund.

 

For the next six months, you are entitled to replacement or repair of the goods. It is up to the retailer to prove there was nothing wrong with it if they wish to get out of having to do the work. And then after six months, there is still a duty to replace or repair faulty goods, but the onus is on you, the consumer, to prove that there was something wrong.

 

And the key time span is six years. That's how long goods may be covered by the Sale of Goods Act. It all depends on what "sufficiently durable" means. If a light bulb goes after 13 months, the consumer is not going to be overly gutted. If their washing machine goes after the same time span they are going to be livid. 

 

My emphasis there, but apparently we're still covered by the SoGA, for 6 years, which would mean ALL PS3s are covered - so if Watchdog find (or Sony admit) a manufacturing fault/defect, then strictly speaking, it's their problem... 


 

I dont know how many times people get this wrong, even the BBC. Your not covered for 6 years. You have up to 6 years to make a claim.
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03
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shawty1984 wrote:

g0tht3ch wrote:

Watchdog will be very interesting later....the BBC have also just posted this :

 

http://news.bbc.co.uk/1/hi/magazine/8253915.stm

 

To quote, it states (regarding the "Sale Of Goods Act")  :

 

It works like this. For the first four-five weeks you have a "right of rejection" - if the item you've bought breaks down, you can demand a refund.

 

For the next six months, you are entitled to replacement or repair of the goods. It is up to the retailer to prove there was nothing wrong with it if they wish to get out of having to do the work. And then after six months, there is still a duty to replace or repair faulty goods, but the onus is on you, the consumer, to prove that there was something wrong.

 

And the key time span is six years. That's how long goods may be covered by the Sale of Goods Act. It all depends on what "sufficiently durable" means. If a light bulb goes after 13 months, the consumer is not going to be overly gutted. If their washing machine goes after the same time span they are going to be livid. 

 

My emphasis there, but apparently we're still covered by the SoGA, for 6 years, which would mean ALL PS3s are covered - so if Watchdog find (or Sony admit) a manufacturing fault/defect, then strictly speaking, it's their problem... 


 

I dont know how many times people get this wrong, even the BBC. Your not covered for 6 years. You have up to 6 years to make a claim.
It's not the BBC making the statement! It's a consumer law expert - a Doctor on the subject infact. Would you say the expert on consumer law quoted is still wrong?

 

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02
/16

shawty1984

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Maoist wrote:

shawty1984 wrote:

g0tht3ch wrote:

Watchdog will be very interesting later....the BBC have also just posted this :

 

http://news.bbc.co.uk/1/hi/magazine/8253915.stm

 

To quote, it states (regarding the "Sale Of Goods Act")  :

 

It works like this. For the first four-five weeks you have a "right of rejection" - if the item you've bought breaks down, you can demand a refund.

 

For the next six months, you are entitled to replacement or repair of the goods. It is up to the retailer to prove there was nothing wrong with it if they wish to get out of having to do the work. And then after six months, there is still a duty to replace or repair faulty goods, but the onus is on you, the consumer, to prove that there was something wrong.

 

And the key time span is six years. That's how long goods may be covered by the Sale of Goods Act. It all depends on what "sufficiently durable" means. If a light bulb goes after 13 months, the consumer is not going to be overly gutted. If their washing machine goes after the same time span they are going to be livid. 

 

My emphasis there, but apparently we're still covered by the SoGA, for 6 years, which would mean ALL PS3s are covered - so if Watchdog find (or Sony admit) a manufacturing fault/defect, then strictly speaking, it's their problem... 


 

I dont know how many times people get this wrong, even the BBC. Your not covered for 6 years. You have up to 6 years to make a claim.
It's not the BBC making the statement! It's a consumer law expert - a Doctor on the subject infact. Would you say the expert on consumer law quoted is still wrong?

 


The quote from the BBC is slightly confusing. While I'll agree that what it says - "That's how long goods may be covered by the Sale of Goods Act." Its a bit misleading. The 6 years from the SOGA is how long you have to make a claim, not how long you may be covered, all though I can see how the two might interlink. Its people that mis-understand this peice of information I was really trying to get to understand.

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A question to the OP, or anyone who can answer it.

 

Did you need the receipt from your original purchase for this to work?

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SnakeAttak wrote:

A question to the OP, or anyone who can answer it.

 

Did you need the receipt from your original purchase for this to work?


 

Definitely!!

 

Gamestation thought they had a way out, by saying they couldn't find a record of my purchase

despite the fact that it was purchased online! I promptly scanned my original Invoice and sent it to them.

 

The end result is that my nice new PS3 slim is in the post and I will get delivery tomorrow.

 

Thanks again to Infaddict !!!!

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02
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infaddict

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SnakeAttak wrote:

A question to the OP, or anyone who can answer it.

 

Did you need the receipt from your original purchase for this to work?


Hi, I didn't have my original receipt as I had lost it.  I did however have my bank statement from way back in April 2007 which clearly showed a £464.99 purchase from that Gamestation store.  A copy of that bank statement was enough for them for proof of purchase.  If I had paid cash, I would have zero proof of purchase.

 

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02
/16

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Well done donwhann on your success with the SOGA

Sony couldn't fix my 60 gig so I got another referb, bit of a shame as this referb doesn't play nice with BBC iPlayer, never mind. The turn around was 1 week exactly from them picking the broken one up to me getting the "new" referb
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Saweetarab wrote:
Well done donwhann on your success with the SOGA

Sony couldn't fix my 60 gig so I got another referb, bit of a shame as this referb doesn't play nice with BBC iPlayer, never mind. The turn around was 1 week exactly from them picking the broken one up to me getting the "new" referb

thank you very much :Thumbs:

 

i'll give you an update in this thread once i get back from the shop................

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i shall be using this to fix my broken psp and my xbox 360 :) x
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02
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My second ps3 has just died as well I called customer support and have been told i'm going to have to pay close to £150 pounds for a refurb. I have asked to speak with management and have been told that my case has been escalated and that a member of management will call within 24 hours, when my first ps3 broke just out of warranty they acused me of braking it then eventually agreed to replace it and the game trapped inside, i was told it would take 28 days to replace the game i waited 2 months then called again and was told that there was no record of them trying to replace my game and that they would start it immediately 2 weeks later i finally got the game.

 

I was furious about how long it had taken so asked to speak to management then and was told then like i have now that the case has been escallated and that i should receive the call within 24 hours its a year later and still have not been called and a number of e-mails that have gone unanswered, hopefully this time they will be able to find the time to call me back.

 

 

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ok so i see this thread and thought id try my luck.... i bought mine from virgin megastores.... who was bought out by zavvi, then another group bought the name zavvi......... i was given a website..... and instructions how to make a creditor claim, that the guy states if my claim is elegible, it wouldnt be until next year that i have a certain percentage of what i originally payed refunded...
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02
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My ps3 has just started getting the 8001054 error so i've emailed Sony about it to try and get it repaired for free.  I haven't quoted the SoGA but the email suggests that I know of it so hopefully I can get mine repaired for free.  If not I'll just get the PS3 Slim.
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so what is the 8001054 error?
make sure to keep us updated scouser07 mate :)
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02
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GBX wrote:
so what is the 8001054 error?
make sure to keep us updated scouser07 mate :)

Apparently its a fault with the Blu-Ray drive.  I will keep you posted.

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i see, well my 40gb somtimes chooses not to load games up first time, takes a few attempts...
isit the same with you?
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GBX wrote:
i see, well my 40gb somtimes chooses not to load games up first time, takes a few attempts...
isit the same with you?

Most of my games work fine, sometimes they crash but its Star Wars: TFU thats bugging me.  Everytime I try to play it wont start.  Its only that game which is the problem at the moment but i've tried three copies of it.  It tells me that there was an error in starting the game up and I get that error code.  I googled the error code and found a lot of people have had this problem and that it is a fault with the hardware and not the software or firmware which I originally though it was.  Sony suggest sending the console back to them for repair but I'm not paying for a repair that could be there fault in the first place. 

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