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Sales of good act - advide needed
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am Posts: 7935 Location: Manchester.
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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 
_________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker  Sorry  I'll behave now. Promise 
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Fri Jun 03, 2011 2:06 pm |
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ProfessorF
What's a life?
Joined: Thu Apr 23, 2009 7:56 pm Posts: 12030
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I think the whole 'kids dropping the console' bit might not play in your favour, John.
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Fri Jun 03, 2011 2:17 pm |
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belchingmatt
I haven't seen my friends in so long
Joined: Fri May 15, 2009 3:16 am Posts: 6146 Location: Middle Earth
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Any such claim could be seen as fraudulent. Make the kids pay for a new one. 
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Fri Jun 03, 2011 2:23 pm |
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saspro
Site Admin
Joined: Thu Apr 23, 2009 5:53 pm Posts: 8603 Location: location, location
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Surely dropping it classes it as accidental damage, not a yellow light of death
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Fri Jun 03, 2011 2:27 pm |
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am Posts: 7935 Location: Manchester.
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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. You'd have thought... *sigh*
_________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker  Sorry  I'll behave now. Promise 
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Fri Jun 03, 2011 2:28 pm |
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am Posts: 7935 Location: Manchester.
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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?
_________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker  Sorry  I'll behave now. Promise 
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Fri Jun 03, 2011 2:45 pm |
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HeatherKay
Moderator
Joined: Thu Apr 23, 2009 6:13 pm Posts: 7262 Location: Here, but not all there.
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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.
_________________My Flickr | Snaptophobic BloggageHeather Kay: modelling details that matter. "Let my windows be open to receive new ideas but let me also be strong enough not to be blown away by them." - Mahatma Gandhi.
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Fri Jun 03, 2011 2:48 pm |
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jonlumb
Spends far too much time on here
Joined: Thu Apr 23, 2009 6:44 pm Posts: 4141 Location: Exeter
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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.
_________________ "The woman is a riddle inside a mystery wrapped in an enigma I've had sex with."
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Fri Jun 03, 2011 2:50 pm |
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am Posts: 7935 Location: Manchester.
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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. 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 
_________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker  Sorry  I'll behave now. Promise 
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Fri Jun 03, 2011 3:56 pm |
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Amnesia10
Legend
Joined: Fri Apr 24, 2009 2:02 am Posts: 29240 Location: Guantanamo Bay (thanks bobbdobbs)
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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.
_________________Do concentrate, 007... "You are gifted. Mine is bordering on seven seconds." https://www.dropbox.com/referrals/NTg5MzczNTkhttp://astore.amazon.co.uk/wwwx404couk-21
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Fri Jun 03, 2011 4:00 pm |
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EddArmitage
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 9:40 pm Posts: 5288 Location: ln -s /London ~
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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".
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Fri Jun 03, 2011 4:01 pm |
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am Posts: 7935 Location: Manchester.
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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. I'm going to go and have a word with the first engineer, and "ask him nicely" for a second report... for free!  Given that he told me that the drop would have caused the fault, I think it's the least I deserve.
_________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker  Sorry  I'll behave now. Promise 
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Fri Jun 03, 2011 4:05 pm |
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EddArmitage
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 9:40 pm Posts: 5288 Location: ln -s /London ~
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If the insurance company see the same name on the report might they get a bit suspicious and claim it as fraudulent?
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Fri Jun 03, 2011 4:12 pm |
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am Posts: 7935 Location: Manchester.
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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.  --->  ? Edit to add: I hadn't read the ad before posting, and noticed this: Should I be suspicious? Edit, (again) to add: Here's another link... for the extra twenty quid...? Another eBay Link
_________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker  Sorry  I'll behave now. Promise 
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Fri Jun 03, 2011 7:21 pm |
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Linux_User
I haven't seen my friends in so long
Joined: Tue May 05, 2009 3:29 pm Posts: 7173
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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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Fri Jun 03, 2011 8:30 pm |
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