fromage

I purchased a Xbox 360 and PGR4 10 days ago and only played it about 10 hours altogether when tonight it came up with an error that the disc is dirty so i remove it and there is a deep scratch the whole way round the xbox and this game has only ever been put in the xbox once and has been in there since day one and the Xbox below the tv and hasnt been moved since.

I have my reciept so can I just go into game and demand a full refund or replacement as i am aware xbox know there is a problem but after 10 hours surely the Xbox must be defective? I don't fancy just a new game for the same to happen again, so what am I actually entitled to ?

Do I deal with GAME where I purchased it from or deal with Microsoft ?

Thanks In Advanced

Simon 69

Yes you can. Its not fit for the purpose that is intended. You deal with Game, you only have a contract with them (although guarantees are legally enforcable now, but that just clouds the issue).

pslewis

Your contract is with GAME.

They will change it I'm sure .... the machine is of unsatisfactory quality.

Do NOT allow them to send it away for repair - you can REJECT it as its only 10 days old ....... not sure if the game is covered, as the machine damaged it.

I have always found GAME pretty reasonable.

pslewis

We are good at this Simon

I'm writing to my Credit Card Company tomorrow ref CURRYS

fromage

That was quick! Thanks guys

Will try at the weekend, hopefully get a replacement xbox, is there a chance I won't be able to return the game then ?


Cheers

Simon 69

Im not in a big rush because youre heading in the right direction Pete. Itll still be dealt with by a person in a call centre in Sheffield, but it will be directed to the 'executive post' team. They have an idea what theyre doing at least, and you shouldnt be fobbed off out-of-hand. At this stage you should only allude to legal action, rather than directly threaten it, no matter how fustrated you become.

Simon

Simon 69

No chance at all. Discs being damaged is a known issue with 360s.

AllanB

Take both back and demand a replacement. I've had 7 Xboxes in under a year and no quibbles on replacing them via PC World however I know some of the smaller places like Game will try it on. They certainly did with my PS2. Challenges them to test it infront of me to prove it was not faulty ie fit for purpose and they could not after they asked me to call Sony. I pointed out it was them I;d bought it from and so my contract was with them.

Xbox's are shockingly bad which is all the more embaressing as a friend of mine head sup the XBox divison


AllanB

pslewis

If I may hijack the thread for a momnet?

Simon, Oooooops, this is an extract from my 2nd letter to Peter Keenan:-

"As Currys have refused to take up the option of repair I now reject the TV under the Sale of Goods Act 1979 (as amended). The TV is not of ‘Satisfactory Quality’. Your own Tech Guys know it is not of satisfactory quality, a judge would also come to the same conclusion"

AND

"Have no doubt whatsoever that I will pursue this matter rigorously until Currys treat me as they should, or a court makes them.

I await your reply with interest and, in any event, within 10 days of receipt of this ‘Recorded Delivery’ letter. Legal proceedings will commence unless I receive satisfaction. The full cost of any legal proceedings will form part of my claim"

They haven't batted an eyelid ......... yet

Simon 69

Thats still alright. If you ever state that you have commenced a legal action against them then the matter will be dealt with by the litigation people in Hemel Hempstead, rather than customer services in Sheffield (which is less desirable, as youll get more from them if you play your cards right). When you receive a reply we'll have a better idea of where you stand.

Simon

pslewis

Simon, I've had a reply..........

"Our systems show that the 1st Engineer reported the unit was running to spec. the 2nd job states that, in order to investigate the problem fully, it would be necessary to send the TV to the workshop, you declined therefore we were unable to give further assistance"

Which is true in the strictest sense, but not when the situation is taken into context ..... the 1st Engineer said he couldn't decide whether the TV warrants a repair, he rang the workshop - they said he had to split the TV into 1/3rds and if the flashing pixel is outside the resultant 'box' it isn't faulty ... he said it is on the border of the 'box'.

The 2nd Engineer brought a diagram of a 'rectangle' and looked at the TV - he said the pixel is just on the borderline, but, he is unsure which edge to measure from. He rang the workshop, they didn't know where to measure from either..... he said he could only offer an 'opinion' - which may be held up by the workshop or may not be as they don't know where to measure from. If he measured from the panel edge the pixel is IN and a replacement TV would be ordered, if he measures from the cabinet edge it falls just OUT.

In the end he said he could send it into the Workshops, it could take up to 28 days, I won't get a replacement TV and chances are it will be returned not fixed (as it's a new TV if the panel has gone) ..... but thats all he could offer me - he was really sad that the pixel is literally on the line/edge of an imaginary box!