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Sales of good act - advide needed
http://www.x404.co.uk/forum/viewtopic.php?f=3&t=13853		 Page 1 of 2
Author:  John_Vella [ Fri Jun 03, 2011 2:06 pm ]
Post subject:  Sales of good act - advide needed
Hi,

So, here's the story... I bought a PS3 almost 3 years ago, (the 40GB version) and it was working fine until a few weeks ago, when the kids dropped it from the side and it stopped working. Aside from the hard drive cover being missing there is no apparent physical damage to the unit. I claimed on the insurance, and got an engineers report, but he seems to think it's the "yellow light of death" and as this is a known fault the insurance are refusing to pay up. The engineer did say that as it's a manufacturing fault I should be able to take it back to the shop, but I'm unsure as to what I should expect, as they no longer sell, (in fact I don't think Sony even make) the 40GB version any more.

Would I be within my rights to expect a straight swap, or would I expect them to offer me a refund?

i did try Googling it, but am slightly confused, as I'm looking at conflicting reports, so I was wondering if anyone here had similar experiences, or knew anyone else who had experienced this...

Thanks in advance

:D
Author:  ProfessorF [ Fri Jun 03, 2011 2:17 pm ]
Post subject:  Re: Sales of good act - advide needed
I think the whole 'kids dropping the console' bit might not play in your favour, John.
Author:  belchingmatt [ Fri Jun 03, 2011 2:23 pm ]
Post subject:  Re: Sales of good act - advide needed
ProfessorF wrote:
I think the whole 'kids dropping the console' bit might not play in your favour, John.


Any such claim could be seen as fraudulent.

Make the kids pay for a new one. :P
Author:  saspro [ Fri Jun 03, 2011 2:27 pm ]
Post subject:  Re: Sales of good act - advide needed
John_Vella wrote:
I claimed on the insurance, and got an engineers report, but he seems to think it's the "yellow light of death" and as this is a known fault the insurance are refusing to pay up.


Surely dropping it classes it as accidental damage, not a yellow light of death
Author:  John_Vella [ Fri Jun 03, 2011 2:28 pm ]
Post subject:  Re: Sales of good act - advide needed
belchingmatt wrote:
ProfessorF wrote:
I think the whole 'kids dropping the console' bit might not play in your favour, John.


Any such claim could be seen as fraudulent.

Make the kids pay for a new one. :P


The thing is that they actually did. The engineer said to me that the drop may have caused the fault, but didn't put that on the report, otherwise it would have been sorted by now.

saspro wrote:
John_Vella wrote:
I claimed on the insurance, and got an engineers report, but he seems to think it's the "yellow light of death" and as this is a known fault the insurance are refusing to pay up.


Surely dropping it classes it as accidental damage, not a yellow light of death


You'd have thought... *sigh*
Author:  John_Vella [ Fri Jun 03, 2011 2:45 pm ]
Post subject:  Re: Sales of good act - advide needed
Anyway, leaving aside the fact that it was dropped, I still need to find out about what the score is regarding a replacement/refund, given that the unit is no longer manufactured.

Anyone know anything?
Author:  HeatherKay [ Fri Jun 03, 2011 2:48 pm ]
Post subject:  Re: Sales of good act - advide needed
If your home insurance is a "new for old" policy, you should put in a claim and the insurer will attempt to get the nearest replacement model they can.

That's what occurred when Best Beloved managed to spill water into an old Mac PowerBook G4. We put in a claim, and the insurers matched it with the equivalent Mac still in production - MacBook Pro with all the trimmings. We had to pay the excess, but I think we ended up the winners overall.
Author:  jonlumb [ Fri Jun 03, 2011 2:50 pm ]
Post subject:  Re: Sales of good act - advide needed
It would probably be refund, with deductions based on expected life of the product. I don't think it would go terribly well for you to be honest.

In addition, if they see anything that could be considered physical damage they can just walk away from it as well.
Author:  John_Vella [ Fri Jun 03, 2011 3:56 pm ]
Post subject:  Re: Sales of good act - advide needed
HeatherKay wrote:
If your home insurance is a "new for old" policy, you should put in a claim and the insurer will attempt to get the nearest replacement model they can.

That's what occurred when Best Beloved managed to spill water into an old Mac PowerBook G4. We put in a claim, and the insurers matched it with the equivalent Mac still in production - MacBook Pro with all the trimmings. We had to pay the excess, but I think we ended up the winners overall.


The problem is that the insurance company are saying that it is a production fault, and not related to the unit being dropped, so they're walking away.

jonlumb wrote:
It would probably be refund, with deductions based on expected life of the product. I don't think it would go terribly well for you to be honest.

In addition, if they see anything that could be considered physical damage they can just walk away from it as well.


This sounds like one for the ranting thread... what's the point in paying insurance if you can't claim when something is broken? Grrr :evil:
Author:  Amnesia10 [ Fri Jun 03, 2011 4:00 pm ]
Post subject:  Re: Sales of good act - advide needed
belchingmatt wrote:
ProfessorF wrote:
I think the whole 'kids dropping the console' bit might not play in your favour, John.


Any such claim could be seen as fraudulent.

Make the kids pay for a new one. :P

Better still tell the kids that they are all in this together and austerity measures mean that it will not be replaced and will be outsourced to the Big Society.

As to any replacement accept that you might have to pay to get a replacement as it is no longer available. They might actually let you off a few quid in exchange but I doubt any more than that. Also find that receipt if possible.
Author:  EddArmitage [ Fri Jun 03, 2011 4:01 pm ]
Post subject:  Re: Sales of good act - advide needed
John_Vella wrote:
HeatherKay wrote:
If your home insurance is a "new for old" policy, you should put in a claim and the insurer will attempt to get the nearest replacement model they can.

That's what occurred when Best Beloved managed to spill water into an old Mac PowerBook G4. We put in a claim, and the insurers matched it with the equivalent Mac still in production - MacBook Pro with all the trimmings. We had to pay the excess, but I think we ended up the winners overall.


The problem is that the insurance company are saying that it is a production fault, and not related to the unit being dropped, so they're walking away.

Could you get a second engineer's report? Maybe he'd actually say that it was the drop that caused the yellow LED fault, which by my understanding is what happened, but because the initial engineer didn't say it was caused by the drop on the form the insurance company are just saying "Yellow LED fault = manufacturer's problem".
Author:  John_Vella [ Fri Jun 03, 2011 4:05 pm ]
Post subject:  Re: Sales of good act - advide needed
Amnesia10 wrote:
As to any replacement accept that you might have to pay to get a replacement as it is no longer available. They might actually let you off a few quid in exchange but I doubt any more than that. Also find that receipt if possible.

I know where the receipt is... the insurance company have it, and have said that they will post it back, along with the engineers report.
EddArmitage wrote:
Could you get a second engineer's report? Maybe he'd actually say that it was the drop that caused the yellow LED fault, which by my understanding is what happened, but because the initial engineer didn't say it was caused by the drop on the form the insurance company are just saying "Yellow LED fault = manufacturer's problem".

I'm going to go and have a word with the first engineer, and "ask him nicely" for a second report... for free! :evil:

Given that he told me that the drop would have caused the fault, I think it's the least I deserve.
Author:  EddArmitage [ Fri Jun 03, 2011 4:12 pm ]
Post subject:  Re: Sales of good act - advide needed
John_Vella wrote:
I'm going to go and have a word with the first engineer, and "ask him nicely" for a second report... for free! :evil:

Given that he told me that the drop would have caused the fault, I think it's the least I deserve.

If the insurance company see the same name on the report might they get a bit suspicious and claim it as fraudulent?
Author:  John_Vella [ Fri Jun 03, 2011 7:21 pm ]
Post subject:  Re: Sales of good act - advide needed
EddArmitage wrote:
John_Vella wrote:
I'm going to go and have a word with the first engineer, and "ask him nicely" for a second report... for free! :evil:

Given that he told me that the drop would have caused the fault, I think it's the least I deserve.

If the insurance company see the same name on the report might they get a bit suspicious and claim it as fraudulent?


Now that I've slept on it, (it's half term and I'm not at work so, yes, I had an unexpected afternoon nap...!) you're probably right Edd.

Here's a different approach, which may work. Can this "Yellow light of death" can be resolved by replacing the motherboard?

If so, could someone have a look at This eBay Link and let me know if it sounds too cheap to be any good?

Thanks.

:| ---> :D ?

Edit to add: I hadn't read the ad before posting, and noticed this:
Quote:
This mother board has 1 small fault, the red standby light does not work, its only the bulb so when your console is off you will not see a red light, does not affect the use any way what so ever

Should I be suspicious?

Edit, (again) to add: Here's another link... for the extra twenty quid...? Another eBay Link
Author:  Linux_User [ Fri Jun 03, 2011 8:30 pm ]
Post subject:  Re: Sales of good act - advide needed
You won't get anywhere with the Sale of Goods Act, TBH.

As amended, for "satisfactory quality" the SoG Act states that if a problem arises within the first 6 months, then the item is considered to be faulty at the time of purchase and you are entitled to a repair, refund or a replacement*. However, after 6 months you must prove that the item was inherently faulty when you purchased it, and if you succeed/convince the retailer you'll get a repair or refund**.

*which you get is up to the retailer, and you may have to accept a repair.

**and any refund may be less than you paid, to take into account the life you did get out of the product.

The only other recourse you have is that the item did not last "for a reasonable time", but then for what was the budget model PS3, 3 years doesn't sound bad. In any case there's no pre-defined limit on what a "reasonable time" is, it's up to the judge on the day and he/she will consider "all relevant factors" such as price, condition, how you stored/used it etc.
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