Munkey Boy
Distinguished Member
Friday January 23 2009
After 3 happy years of 360 ownership, it's finally come to me, my 360 has given up the ghost. I know it's a bit self-important of me to make a new thread about this just for myself, but having written the FAQ at the top of this forum some time ago, it's finally time for me to put it into practice.
I thought I'd start this thread as a kind of diary of how long the process takes and the hoops I have to jump through, so people can follow it and see if they want to do the same. I'm going all the way to small claims court if I have to, so it could be an interesting trip!
I've got an Elite, bought in Sept 2007, and while messing about in Liberty City, the colour palette went very strange, and when I tried to reboot I got nothing, no image at all. Tried HDMI and VGA on 2x TVs, no image, no error message. It's obviously out of warranty with Microsoft (16 months old), and I understand I'm liable for a £60-70 charge if I go to MS, so I'm taking it up with HMV in-store for a free repair or replacement.
Tuesday January 27 2009
1400
I've registered my console online at Xbox.com, it returns as out of warranty, so I phoned the HMV where I bought it from (£299.99 in Sept 07) to see if I could bring it in for a repair or replacement. The reply: HMV ask that customers go to Microsoft after 12 months. I informed him I had but I preferred to use my legal right to go to my retailer, so he said it was HMV policy not to take it for a repair or replacement after 12 months and offered me a phone number for their central customer services.
Customer services repeat the same line, even implying they work closely with Trading Standards to stay within the law and they are happy that they have no responsibility after 12 months (my wife is a Trading Standards Officer by the way, so I knew this wasn't true). I ask for an email address, so I can get this in writing, email to follow.
(By the way, I'm lucky enough to own 2x 360s, if anyone's wondering why I'm still online!)
1500
Email sent to HMV customer services:
1700
Got an email response already from HMV:
An interesting document regarding central government advice to retailers on their legal obligations.
Wednesday January 28 2009
Letter posted recorded delivery (text identical to email).
Saturday February 7 2009
Letter recieved from HMV declaring no responsibility for console out of warranty.
Monday February 9 2009
Applied on Xbox.com for an out-of-warranty repair of the Xbox 360. Charged £78.20.
Write letter to HMV declaring my intention to take them to small claims court to recover the £78.20.
Wednesday February 11 2009
Arranged collection by UPS.
Thursday February 12 2009
Collected by UPS.
Tuesday February 17 2009
Repaired by MS in Germany, waiting for collection by UPS.
After 3 happy years of 360 ownership, it's finally come to me, my 360 has given up the ghost. I know it's a bit self-important of me to make a new thread about this just for myself, but having written the FAQ at the top of this forum some time ago, it's finally time for me to put it into practice.
I thought I'd start this thread as a kind of diary of how long the process takes and the hoops I have to jump through, so people can follow it and see if they want to do the same. I'm going all the way to small claims court if I have to, so it could be an interesting trip!
I've got an Elite, bought in Sept 2007, and while messing about in Liberty City, the colour palette went very strange, and when I tried to reboot I got nothing, no image at all. Tried HDMI and VGA on 2x TVs, no image, no error message. It's obviously out of warranty with Microsoft (16 months old), and I understand I'm liable for a £60-70 charge if I go to MS, so I'm taking it up with HMV in-store for a free repair or replacement.
Tuesday January 27 2009
1400
I've registered my console online at Xbox.com, it returns as out of warranty, so I phoned the HMV where I bought it from (£299.99 in Sept 07) to see if I could bring it in for a repair or replacement. The reply: HMV ask that customers go to Microsoft after 12 months. I informed him I had but I preferred to use my legal right to go to my retailer, so he said it was HMV policy not to take it for a repair or replacement after 12 months and offered me a phone number for their central customer services.
Customer services repeat the same line, even implying they work closely with Trading Standards to stay within the law and they are happy that they have no responsibility after 12 months (my wife is a Trading Standards Officer by the way, so I knew this wasn't true). I ask for an email address, so I can get this in writing, email to follow.
(By the way, I'm lucky enough to own 2x 360s, if anyone's wondering why I'm still online!)
1500
Email sent to HMV customer services:
We'll see what they say!Dear HMV,
I purchased an Xbox 360 Elite console at your store in XXXXXXXXXX in Greater Manchester on XX September 2007 for a price of £299.99. On the 23 January 2009 while playing a game, the image on screen became distorted with various garish colours, and upon rebooting the console, the Xbox 360 would no longer display an image on the screen. I tested the console with a different video cable (I have tested both HDMI and VGA), and even on a different TV with both cables. In all circumstances, the Xbox 360 failed to produce an image or any sign of an error message.
On contacting Microsoft, I was informed that my console was no longer in their 12 month warranty period for such faults, and I would be liable for a charge of up to £70 to repair my console.
Today, 27 January 2009 I contacted the HMV branch by phone, as the retailer responsible under the requirements of the Sale of Goods Act 1979, to request a repair or replacement in their store, as the console purchased (taking in to consideration the cost, period lapsed and apparently terminal, inherent [?] fault) is clearly not of satisfactory quality.
I was informed by a member of staff (XXXXXXXX) that it is HMV policy not to offer a repair or replacement to customers with faulty goods after 12 months, but instead I should contact Microsoft for this service. I informed the sales representative of the fact I already had, but I would be charged for the repair, so I referred him to my statutory rights under the Sale of Goods Act 1979 to receive a repair or replacement from the retailer. The sales representative denied that the Sale of Goods Act or similar legislation held any legally binding role for HMV after the 12 month warranty period however. This is not correct, as under the Sale of Goods Act 1979, it is the retailer who is legally responsible for faulty goods and there is no 12 month time limit.
I telephoned your central customer services phone line and held a virtually identical conversation with another HMV employee, who failed to provide any contact details, but they offered me this email address.
As a very regular customer of HMV, I am therefore exercising my statutory rights by requesting in writing that as the retailer of the faulty Xbox 360, HMV repair or replace the console, free of charge to myself, and within a reasonable time period (if you choose to offer a repair).
I look forward to hearing from you within the next 14 days.
Regards,
XXXXXXXXXXXXXX
1700
Got an email response already from HMV:
Which in shorthand is meaningless waffle attempting to put me off. It'll take more than that! So, printed off the email with slight amendments and will send registered post tomorrow.Dear XXXXXXXXXXX,
I am writing in reply to your email regarding your out of warranty faulty Xbox console.
As the sales of goods act is applicable in a court of law, we are not obliged to offer a replacement, refund or repair at store level and so all members of staff you have spoken to have dealt with your query to the best of their ability.
If you are requesting for us to offer you any further service you will need to forward a hard copy of your email to the following address to be dealt with and considered;
Senior Customer Service agent
hmv Customer Service
Film House
142 Wardour Street
London
W1F 8LN
May I thank you for taking the time to write to us for a resolution to your issue.
Kindest regards,
XXXXXXXXXXXXX
An interesting document regarding central government advice to retailers on their legal obligations.
Wednesday January 28 2009
Letter posted recorded delivery (text identical to email).
Saturday February 7 2009
Letter recieved from HMV declaring no responsibility for console out of warranty.
Monday February 9 2009
Applied on Xbox.com for an out-of-warranty repair of the Xbox 360. Charged £78.20.
Write letter to HMV declaring my intention to take them to small claims court to recover the £78.20.
Wednesday February 11 2009
Arranged collection by UPS.
Thursday February 12 2009
Collected by UPS.
Tuesday February 17 2009
Repaired by MS in Germany, waiting for collection by UPS.
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