Have had enough of the 360. My 5th Xbox 360 is now freezing and its only a matter of time before the RROD appears. Microshaft do not care and just want the machine for another 30 days. Spoke to GAME and they told me to contact Mircoshaft. I have received advice and if I can prove that there was an inherient design fault then I am entitled to a refund from the reseller for up to 5 years. As luck would have it the CEO of Mocrosoft gaming Robbie Bach gave a press release in the states stating that a major challenge with the Elite was to overcome the design fault in the standard 360 causing overheating issues

For £50 its worth going to small claims as a test case. I assume if I win every person in the UK will be able to use this case as a reference to get a refund

 

Excellent Idea ........ I cant belive so many people report Xbox's failing.
Yet they still sell ??

I wouldnt touch one with yours

 

I have had only one fail since new (and that was because I had a power surge)

I think some people are just unlucky with them? Good luck though, they will probably not turn up and you will get paid out

P.S I do some serious gaming on mine and use it for video/music etc etc

 

Looks like my 6th replacement / repaired premium is now going wrong. It only came back from MS a couple of weeks ago, (and it's only been turned on a couple of times since then). Luckily it's not my primary console, (I've got an Elite as well) but it's flippin annoying. I'd be very interested to hear the outcome of this...

 

From what I remember of contract law, a County Court Judgement won't set a legal precedent; it needs to be a higher court (eg Court of Appeal) for that.

 

Prepare for a long, tiring process!

What is your goal?? Full refund at the price you paid?? compensation??

 

definately worth trying, but would get hold of the official press release (assuming if official then it will be on the microsoft site) then maybe get a consumer lawyer to go through it. Seriously surpirsed that a microshaft employee especially a ceo said there was a design fault

 

there was plenty of yanks taking out lawsuits against Xbox360 - were the outcomes ever posted ?

in terms of your contract with GAME, you've given them plenty opportunities to correct your problem, with no joy, so you're entitled to a refund. Why not just use it to get a falcon system elsewhere ?

 

The main objective is to get a falcon. No big costs as I only need to go through the small claims court. Me v GAME, no lawyers etc. The gaming CEO at MS gave a press conference when the Elite was launched and stated that a main objective was to overcome design issues in the original 360 that caused too much heat to be generated. I have enough documents printed out on the overheating casuing the CPU to pop from the MB. This to me is hopefully enough to demonstrate that the original had a design flaw and hence the sale of goods act should provide a refund as I can clearly show that I have offered to accept a repair but they have failed in their obligations.

MS should just replace every broken one with a Falcon and show some respect for the paying public.

 

Good luck to you. I think you will have a fair chance with those documents. I have been through this procedure in the past, but it was easier for me. The goods I complained about were less than 6 months old, therefore the burden of proof was placed on the supplier. They had to prove the goods were free from defects.

You however, will have to prove the design flaw exists. Even still, I think you will stand a good chance. Judges nearly always favour the individual, just so long as you are reasonable.

In my, non professional opinion, they will settle out of court giving you what you want. That way no judgment is reached, and there is no stain on their reputation. The numbskull I had to take to court ran his own business, and was a prize ****. The judge basically told him that too

 

If you are just looking for a falcon (are they in the Elites?) then you should get one without too much trouble. In addition to you requesting a 360 that has fixed the design flaw. I would actually include a "reasonable compensation" claim based on the time you have been without the 360. As you on your 5th unit, I can imagine you have been without your 360 for 3-4 months. I would put in a claim, say £15 for every week that you didn't have the unit to cover the residuals of your games, live subscription, inconvenience caused etc.

Take photos of your setup to show your environment isn't causing the overheating. Even get statements/photos from friends whom have had similar issues with their 360's. I'm sure Iain Young would be a good witness

Good luck

 

Correct: a county court cannot set a precedent.

It would need to be a judgement at the high court for that.

Ns04

 

Thing is, nobodies reporting the fact that theirs hasnt failed. So many are working completely fine with no issues so its not all bad. Had one since they first came out and never had a problem, had 1 game freeze on me midway through a game but thats it.

 

$1 billion is a fair wad of cash to set aside for repairs. Assume each repair is £100 including shipping thats 5 million 360's and based on current global sales of 14 million then I would say a 35 % failure rate is high.

 

It doesnt mean they are going to spend the entire billion tho

 

The most common sense statement i've heard in all the 360 threads there have been.
Simply not acceptable for so many to fail and for them not to be immediately replaced. It's been around long enough now for the redesign to solve all the problems and it's not like it's a cheap console.

For what it's worth mine has been faultless and it gets used a lot , I wouldn't be a happy customer waiting 30 days for a bodge job repair to come back and fail again.

 

But to make a statement to the press that they are putting aside $1 billion would probably be a conservative figure to keep the share holders happy. You may find the actual figure is much higher. No one will ever know the exact number on consoles or repair costs but regardless we all know the number is shocking.

 

Me too, mine has not failed - almost a year old and it's not in a particularly well ventilated area.

 

Lucky you

 

Breaking news.......no court action.

Just phoned Mircosoft to request a complete history of my calls and repair log and explained why I required them and a supervisor came on the line.

I now have :

1 year free live subscription
Wireless controller
Gears of War (Anyone want to buy it ? - Already have an MS copy !!!)
Viva Pinyata (As above)
Exchange console to a falcon model in Jan after xmas.

Makes a change for MS.

 

Not really, theres been numerous posts on this and xbox.com forums about people getting freebies as compensation.

Good result on getting the falcon sorted

 

To date from MS I now have :

GOW * 2
Viva Pinyata *2
Crackdown
Wireless controller
Wired headset
Wireless Headset
14 months free live subscription
and a falcon replacement xbox

 

Is there some special knack? I've never managed to get anything out of them