[Flip77]

I Agree that the more you play it the shorter the lifespan, however if there is a manufacturing fault in the first place then it breaches SOGA.

Unfortunately I live fairly close to Game head quarters so the distance for then to travel is about 25 miles.

[prism10]

Originally Posted by Flip77

I Agree that the more you play it the shorter the lifespan, however if there is a manufacturing fault in the first place then it breaches SOGA.

Unfortunately I live fairly close to Game head quarters so the distance for then to travel is about 25 miles.

More a case of how far their lawyers are and is it worth it for them to pursue the case till the very end as the costs tend to be limited for the losing party in the small claims track.

[Dave H]

Good luck Flip

[Flip77]

Thanks Dave H, phoned the court today. Both our allocation questionnaires and paperwork have gone to the judge. I was told if I call on Wednesday then they should have some kind of direction from the judge.

I'm hoping he'll make judgement on capital one because they did not respond to any letters from the court. That way he'll order capital one to pay, then no court!

[Flip77]

Heard back from the court. Game have agreed a mediation. So have to wait for a date. IMO they must not be as confident as they make out!

The judge suggested I leave capital one, if they fail to respond to these directions then he will file a judgement against them!

[Dave H]

Fingers crossed

[Graham27]

I believe that Mediation is the preferred route, and companies can sometimes be looked at unfavourably if they don't go to Mediation.

I think I may have mentioned this earlier, but make sure you know what you want before it begins! If they were going to cave in, presumably they'd just have done that now rather than go to any more bother, so they're possibly looking to settle. Hopefully they'll offer enough to make it worthwhile. Once again, good luck

[GhostDogX]

Indeed, the judge can take a dim view if a party refuses to accept mediation without showing good reason for doing so.

I agree that the more an item is used, chances are it will fail sooner. However I'm not sure how they can prove that you have over-used the console. I've never read a PS3 manual but I doubt there would be anything in there stating that the PS3 should only be used for a set amount of time each day to prolong the lifespan.

Ultimately when claiming damages under SOGA, it's all down to a number of factors, mainly the price paid and your expectations of the item. Of course stuff will break down over time but I would expect a current generation console, i.e PS3/360 to last at least 4-5 years.

[Scooby2000]

3 years is rubbish to be polite, my 40Gb is still working fine and I use it a lot.
Good luck.

[SlinkDaddy]

I wish I'd found this thread earlier it's interesting. Hope all goes well OP.

I think the amount of time that is reasonable for a PS3 to last is very subjective. There were people that had played MW2 for 3 months plus online after it had been out about 10 or 12 months. Should PS3s that spend a quarter of the year running last as long as those that get used for a few hours a month? That's where this become really strange for people posting on here. People that use their PS3 once a week or so will expect a long lifetime but those that hammer theirs for 3/4 hours plus a day will if being realistic expect less of a lifespan.

A PS3 is unlike a lot of other devices in that it can be the hub of entertainment for the whole household. Used for watching DVD's/Blu-rays, downloading and storing films/music, streaming music videos live as well as actually playing games and more. £300 is a lot of money but the PS3 does do an awful lot for that money and because of all that it does for some it gets used a lot more and therefore could have a lower lifespan. There are also quite a lot of moving parts in there and the more things that move the less reliable things tend to be as a rule. I would expect a stand alone blu-ray player that does one job to have a longer lifespan than a PS3 does for example and so if you were to say that a Blu-ray player should last the full 6 years you are allowed to try and claim under the SOGA then how long should a PS3 last?

Goods with moving parts will only last so long. If an exhaust wears after 3 years of use we are happy (well not happy but you know what I mean) to pay for a new one to be fitted but if our PS3 breaks down after 3 years we instantly assume that it must be a manufacturing fault and we should get everything for nothing. Why is that? A PS3 is a serviceable item just the same as a car and they are both covered by the SOGA.

Expecting a PS3 to last the full life cycle of the product (10 years) just because Sony have stated that the PS3 as a format should have a ten year shelf life seems a little extreme as well. CDs were launched in the late 80s and are still going strong, should we only ever buy one player?

All of the above still doesn't actually indicate that I am against claiming and hope the OP gets what they want. However I am saying that stating "something should last X amount of time because of Y" is not really the full story for me.

[Jhey]

I have a launch 60gb Model that plays PS2 games, its really loud now tbh even when jus idle in the XMB, I hope its not on its way out lol :|

PS: My PSN Network Trophy thing on the left is SO out dated, Im on like level 5-6, How do I get it to update?

[DeV8]

best bet is to contact Sony directly. My mate has his slim for almost 2 years and the Bluray packed in!!! He rang sony, said he got it as an Birthday or Xmas present from his girlfriend, but they cant find the receipt etc (true story by the way - they genuinely couldnt) sony took his details and within a week he had a refurb one sent out and his old one taken off him (now not sure if had to send to sony first) they look over it and then sent him the refurb back (was def one of the 2 though) so ring them and see would be the best bet

[russd1978]

Originally Posted by Jhey

I have a launch 60gb Model that plays PS2 games, its really loud now tbh even when jus idle in the XMB, I hope its not on its way out lol :|

Its probably full of dust, mine was after a few years. There's some good tutorials on cleaning them out, definitely worthwhile as if its caked with dust it may overheat in time.

Playstation 3 Disassembly Tutorial

[ljphil78]

Originally Posted by SlinkDaddy

Goods with moving parts will only last so long. If an exhaust wears after 3 years of use we are happy (well not happy but you know what I mean) to pay for a new one to be fitted but if our PS3 breaks down after 3 years we instantly assume that it must be a manufacturing fault and we should get everything for nothing. Why is that? A PS3 is a serviceable item just the same as a car and they are both covered by the SOGA.

I think this is a very bad comparison, if the exhaust goes after 3 years on a car I don't have to buy a whole new car, the problems with the ps3 relate to the solder which holds the components to the circuit board, so following your car example it would be the same as all the bolts holding the car together failing, in which case I think I would be entitled to a new car (and in the cars case compensation for the life threatening situation I had been put in and a mass product recall lol)

[Flip77]

Well now in the process of waiting for a mediation appointment. Have a court date set for the beginning of February of mediation is unsuccessful. Capital one have also put in a defence. In a nutshell there defence is that they have been directed by game re SOGA and the product fault etc. they have said they would pay out if I win and game fail to cough up!!

Now trying to decide if I should take this to the media too!!

[Graham27]

Originally Posted by Flip77

Now trying to decide if I should take this to the media too!!

Why?

[prism10]

Originally Posted by Flip77

Now trying to decide if I should take this to the media too!!

Unless there is a big spate of PS3s breaking down in a similar way to the cursed red rings that affected the X box, I doubt they would be interested.

[Flip77]

Dunno really, there maybe the echo or something which needs a slot to fill.

[SAiLO]

I had my 80GB phat ps3 break down on me around 10 days ago. That's 3 YEARS minus fortnight.

Was watching newly purchased Fight Club on blu-ray and suddenly the film froze and would not go back to the top menu, rewind or play again. I went back to XMB tried popping a game in and when taking out the film noticed the disc was very warm. No joy. Tried several other blu-rays but it would just not read them.

DVD reader was still working - no problems reading.

Luckily had bought 3 year extended warranty!

[DeV8]

Well i own both Ps3 and xbox - in last 6 years!!! 5 Xbox 4 of which broke within the first 12 months (Red lightof death) PS3 i have owned 2 first one broke in 3 weeks (was replaced) corrupt drive basically - 2 years on that thing has been on daily and hammered and not a single problem.. if it broke now i just go buy a new one as i say its had its use out of me TBH... only 200 sheets for a new one so aint really that bad either.. If was that bothered about them breaking all the time i get an extended warranty out on it!!

Its just plain luck of the draw really - u could never use it have it kept in good conditions and it breaks.. or batter the life out of it, collecting dust and not a single problem...

my exp to date is xbox are less reliable but then anything microsoft focussed is!!! I normally replace all my electrical goods every 2 - 3years anyway.. i like to keep up with the trends

[SlinkDaddy]

Originally Posted by ljphil78

I think this is a very bad comparison, if the exhaust goes after 3 years on a car I don't have to buy a whole new car, the problems with the ps3 relate to the solder which holds the components to the circuit board, so following your car example it would be the same as all the bolts holding the car together failing, in which case I think I would be entitled to a new car (and in the cars case compensation for the life threatening situation I had been put in and a mass product recall lol)

I disagree in as far as you can get the solder issue repaired. You don't need a new PS3, there were companies offering this repair fairly cheaply last time I looked and some out there did it themselves.

I agree that it wasn't the best comparison but the thinking behind it was that we accept repairs on cars as common place but with something like a PS3 we expect them to last forever comparitively speaking.

[Flip77]

Unfortunately the repair is not permanent. The fault is still there and will re-occur. This is why you would be hard pushed to get any longer than 3 months warranty on the repair.

[Carbs79]

I went to the small claim court against game today and won. They didnt bother showing up. My ps3 had ylod, i had it repaired and got an engineer report all i asked them to do was pay for the repair £80. The judge ruled in my favour as game weren't there to defend themselves, I think it could have gone either way though. Now instead game have to pay out £230 instead.

[Carbs79]

Forgot to say I brought my ps3 60g in nov 2007.

[prism10]

As the other side could not be bothered to turn up to defend themselves, it gave you an advantage.

The question what would had happened if Game had lawyered up. Small claims decision are not binding but the advantage is that with relatively small amounts the other side may not try too hard defending such actions.

[Flip77]

Originally Posted by Carbs79

I went to the small claim court against game today and won. They didnt bother showing up. My ps3 had ylod, i had it repaired and got an engineer report all i asked them to do was pay for the repair £80. The judge ruled in my favour as game weren't there to defend themselves, I think it could have gone either way though. Now instead game have to pay out £230 instead.

That's a result. I'm still waiting for the mediation appointment. I'm guessing that one of the defendants are dragging there heals.

[Flip77]

Originally Posted by prism10

As the other side could not be bothered to turn up to defend themselves, it gave you an advantage.

The question what would had happened if Game had lawyered up. Small claims decision are not binding but the advantage is that with relatively small amounts the other side may not try too hard defending such actions.

If game believed they could win then they would spend x amount to go to court. That way if they won then it would form a precedent to which they would use for any future claims. Would save them money in the long run.

[Flip77]

Originally Posted by Carbs79

Forgot to say I brought my ps3 60g in nov 2007.

When did you get the ylod?

[Carbs79]

When your a company the size of game. It's going to cost you more money to contest each claim in time and man power. So i think their tactic is to reject any claim as they know people are not willing to go to court and pay the court fees. I did it for the principle, not the money as I found game to be rude.

[Carbs79]

In October 2010, but I didn't bother to get it fixed tell may 2011, so that's when I reported it to game. So in games eye it was over 3 years.

Game didn't even bother to go for mediation so your probably getting more positive news then I ever did