So they want to go to Court...

TheMagicPirate · 20 Jun 2007 at 12:59

Following on from this thread here

I've just gotten off the phone to the guy who's supposed to be dealing with it, been trying for about 2 weeks to get in touch.

He's told me that he has not been replying to my emails because Gem (the supplier) and MS wont fix the Xbox, so instead of telling me he has been ignoring me.

So, on the phone he's basically told me that if I want my Xbox fixed I'm going to have to take them to court! :mad:

I'm going to the local CAB on Friday to start things going but I suspect this is going to be a long and laborious process.

Anyone had to do this before?

EDIT: It is actually the retailer (who I would LOVE to name) not MS that my beef is against.

TheDean · 20 Jun 2007 at 13:05

i honestly cannot believe MS are refusing to fix it.....I would be all over them for that.

Small claims court....off you go!

JUMPURS · 20 Jun 2007 at 13:10

Lemme hear you say fight the power!!!

You go mate, and don't back down! a win for the little guy is what is required here. Then go as public as you can post it on forums all over the place, and even let watchdog know as they might want it as a follow up to their original story. And when you win and then everybody will know to take them to court, and they will soon get fed up.

Syph · 20 Jun 2007 at 13:13

Read the other thread's updates. Seems a bit like the situation I've got with a certain store at the minute of the repair cost of a TV which became faulty after 18 months. The store refused to pay for repair as the repair place could not contractually say that the TV was inherently faulty. I've had to write to their head offices now quoting the SOGA over again, and see if we get anywhere.

I would definitely get in touch with CAB or furthermore with TS to get some more help.

GarethDW · 20 Jun 2007 at 13:34

Keep us posted as to the outcome... I'm very interested to know what happens, as are others, I'm sure.

Joebob · 20 Jun 2007 at 15:58

I have taken people through the small claims court before on several occasions. It's quite an easy process which has just gotten easier as you can now do it all online. It will cost you to make the claim but if the court awards in your favour then the defendant will pay the claimants costs etc.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

It does take a while to go through the whole process but you only need to check the website and take extra action etc on the odd occassion so it's definately worth doing.

azamc · 20 Jun 2007 at 16:47

plus with the recent change in the manufacturing in regards to the heatsink, u may be able to use that against em....

wiltonson · 20 Jun 2007 at 16:57

Sue MS! we are on your side all the way!

V4NT0M · 20 Jun 2007 at 17:11

Wow, this will not be an easy process...

However you should stand your ground. Not only are they contradicting the SOG act, they have tried to milk money out of you with this "problem" it seems to me, and I may be completely wrong but saying "we cant get you your free replacement" and "go speak to MS yourself" then saying "we can repair it for you FOR A PRICE" sounds like fraud to me...

Chaos · 20 Jun 2007 at 17:13

Do it online like joebob said, this might be of use -

http://www.thisismoney.co.uk/consumer/article.html?in_article_id=417663&in_page_id=5

Meatball · 20 Jun 2007 at 19:28

Go guy go

. Please keep the thread updated, I'm very interested to know how this turns out. Just a word of advice though: Since the XBox is over 6 months old it is up to YOU to prove the fault was inherent, this can be done by sending it off to an electronic specialist. It will cost, but if the case goes your way MS will reimburse the cost

. After taking MS to the smalls claims court I would write a letter to the company you purchased the 360 from, stating what appalling CS you received and you will never buy a product from them again.

da_mic_1530 · 20 Jun 2007 at 20:08

i followed your exact troubles when my xbox broke, i dont have the time nor energy to go to the small claims court, and i dont have the £££ to fix it, so my xbox has lay broken for 3 months (?) now, and will be fixed eventually when i have some cash.

good luck though, much more patience then me

Wyrdo · 20 Jun 2007 at 20:34

da_mic_1530 said:
i followed your exact troubles when my xbox broke, i dont have the time nor energy to go to the small claims court, and i dont have the £££ to fix it, so my xbox has lay broken for 3 months (?) now, and will be fixed eventually when i have some cash.

good luck though, much more patience then me

You can file a claim online, it'll take you 5 minutes.

Hostile_18 · 20 Jun 2007 at 20:51

wyrdo said:
You can file a claim online, it'll take you 5 minutes.

But the cost of doing that and also the chance of losing and still a broken 360 plus whatever he would lose from not going to work or whatever and hiring of specialists to get the information from the machine he needs etc.

Fr0dders · 20 Jun 2007 at 21:37

definately get in touch with CAB

a previous employer of mine tryed to take advantage of me because i was young and working a summer job (tryed to pay me less than minimum wage, when i stated that i was legally entitled to xx wage i was given it, but then shown the door as quickly as he could find an excuse to get rid of me and tryed to withold wages)

CAB were so helpfull, and i got all wages owed as well. Cant recommend them enough.

GarethDW · 20 Jun 2007 at 22:17

wiltonson said:
Sue MS! we are on your side all the way!

<pedantic> It's not MS that you take action against, it's the retailer as you took out a contract with them and not with MS. </pedantic>

TheMagicPirate · 21 Jun 2007 at 00:58

GarethDW said:
<pedantic> It's not MS that you take action against, it's the retailer as you took out a contract with them and not with MS. </pedantic>

Yeah it is actually the retailer (Who I would LOVE to name) that I am taking action against not MS.

I believe it should be MS, but the Sale of Goods Act says otherwise

Malc · 21 Jun 2007 at 02:20

The thing is (I know I'm being obvious stating this) that if MS didn't rush the manufacture of the 360, this dilema probably wouldn't be happening.

I'm just hoping that my dads xbox 360 doesn't break.

What is the failure rate as it stands at the minute?

Kreeeee · 21 Jun 2007 at 02:44

Malc said:
The thing is (I know I'm being obvious stating this) that if MS didn't rush the manufacture of the 360, this dilema probably wouldn't be happening.

What's your excuse for them waiting so long to fix it?

Malc · 21 Jun 2007 at 03:06

Kreeeee said:
What's your excuse for them waiting so long to fix it?

I don't really get what you're saying??

If you're implying that MS haven't recognised a problem yet because they dont see the high failure rate as a problem, then, I would say that you should stay in your nice little niche.

I would guess that they haven't fixed it yet because it would cost a lot of money to establish a new production route/method for the 360 and that is why they are doing it later on this year, when it's more financially rewarding.

Beyond that I dont need an excuse as I dont represent Microsoft and probably never will.

So they want to go to Court...

Hostile_18

Hostile_18