Sales of Good Act 1979/ Consumer Rights Act 2015

Hello everybody, I have made many threads about this but I have to ask a question. Basically my Xbox no longer works as intended and under British Law the retailer, in this case GAME is required to replace all products that break unreasonably up to a period
of 6 years (5 in Scotland). The stores often try to refuse to do this and they purposefully don't train their staff legally so that they refuse to replace it. So anyway, we took the xbox back to the store, and immediately the guy behind the counter said that
because the store warranty was up, they won't replace it. So we pulled out a copy of the sales of goods act and they went and got the manager. The manager said to phone up their customer service for some troubleshooting steps and if that doesn't work then
the customer service tech will give a reference number which I can use to exchange my console for a new one. I had already troubleshooted obviously but was happy to do it again because obviously they have a right to check. But anyway, the customer service
tech refused to give the reference number because the console was out of the store warranty, however by law they are required to replace it. So basically, he refused to obey the law, however he probably didn't know this law existed because as I said they are
purposefully not trained in these matters. Anyway so he transfers me to a different department and the department says they can't help, and the other department should have given the number. So the guy from the new department phoned my local GAME store and
asked if the manager was in. The manager is in tomorrow so he told us to go back to the store and the manager will speak to the customer service himself to get it sorted. However, I honestly think most of the staff don't know about this law and the wants that
do are trying to fob as off. I've basically so far been instructed to talk to this person, and then that person instructed me to talk to the next and so on and it has gone round in a circle. If this is not solved tomorrow, my next step is to write an official
warning to GAME saying that if they continue to deny me my statutory rights by refusing to replace the Xbox, they will be prosecuted to the full extent of the Sales of Good Act 1979 and the Consumer Rights Act 2015. However, there is an issue with this. I
have no idea how long these legal procedures take and until it is sorted, I will be stuck with a faulty Xbox. I have another option however. I can pay Microsoft £84 to replace my console, and then prosecute GAME and clame £84 in expenses under grounds that
this was my only option because I was denied my statutory rights. So does anyone have any advice regarding this? And the most important question is how long do small claims court proceedings take? I've been told it takes month, and that is too long a time
to go with this faulty Xbox.

:)

 

no other option left - standard exchange

By cosmetic damage, I mean scratches on the console, and light marks. You are right, if you dropped it down the stairs that wouldn't be cosmetic damage. And my apologies, I did consumer and business law at university for three semesters but that was six
years ago - you are right that it is six years in England, five years in Scotland. I also managed to get the year wrong - it's the Sale of Goods Act 1979. This was replaced by the Consumer Rights Act 2015 last October. Your rights are pretty much the same,
the act mostly simplified and consolidated existing legislation. You can read more about the new act and your rights on Which's website here:

www.which.co.uk/.../consumer-rights-act

As long as you can demonstrate that the device is not fit for purpose (which is easy enough - the party chat and game chat systems are integral parts of the Xbox One Experience), you should have no problem getting a refund or replacement from the retailer.
If you do run into trouble, consult Citizens Advice and ask for their assistance. If you are still getting nowhere, then I would suggest going to court. You may find that the judge adjourns the case if he/she requires you to get proof that this is an inherent
flaw, but in most cases they will side with the consumer.

 

Ridiculous UK Repair Costs!!!

The Sale of Goods Act only applies to Microsoft if the console was bought from Microsoft. Your statutory rights as a consumer under the Sale of Goods Act 1979 (as amended) are with the retailer, not the manufacturer.

All you have with the manufacturer is the standard manufacturer's warranty.

Having said that, I fully agree that it's absolutely unacceptable to have to pay to ship something back under warranty, especially if the cost of shipping something to Prague is more than the cost of simply buying a new replacement!

 

Hi

This support forum can't give advise about this issue if you carry out an internet search reference your complaint and action you wish to take you should find plenty of help on this subject.

 

If you do pursue the 1979 Goods act its probably a good advice to contact citizens advice and the ombudsman in the area of trading,not totally sure what there called and make sure you document all matters and lastly if you brought anything on a credit card
i think your even more protected by further laws .

 

Never mind the staff. I don't think most consumers know about this law.

You may be better off visiting the citizens advice bureau. They may be able to give advice on how long small claims court takes and whether you have a chance of winning

 

Alright, I will do that. But if it still isn't sorted out, should I warn GAME with an official letter? And after that, I don't know if I should pay £84 for a repair from Microsoft. Because I don't know if I would be able to claim that money back. But if
I do it, a new console will arrive in 10 days. But I asked a guy on the forums who has some experience with this, and he says the legal proceedings can take anywhere between 2-4 months. So kind of don't know what to do.

 

citizens advice would be able to tell you whether to send an official letter and maybe even help you write one.

As for the repair it depends how long you are willing to go without a working xbox and even then there is no guarantee you would even win the case so you could end up waiting for nothing.

I think the vast majority of people on these forums dont even know about this law so checking with citizens advice probably would be the best option.

 

well the repair takes 10 days which is why I am saying I can an xbox from microsoft for £84 and then sue GAME for expenses. I love how companies outright refuse to obey the law, and most people don't know about it and the ones that do won't pursue a case
in court. Boy, are they going to be in for a happy surprise!

 

Firstly you cant sue Game thats the wrong term,you would be making a claim. if you get your repair sorted out officially you will no longer have the machine for Game to replace will you. So you would then have to take them to small claims for £84 odd but
will need to prove the machine was faulty but how could you if you dont have the item?

Yes you could have receipt and documentation but not the item in question,all things you need to consider.

 

Well I will be suing them in a small claims court if it comes to it. If Microsoft repair it, then they have evidence that the console needed to be repaired, and thus it was faulty. £84 might not seem like an amount you would sue for but this is also about
exercising my statutory rights, and putting GAME in their place. Yes, it will be a long process but more people need to be doing this so retailers learn a lesson.

 

Hey redraptor987,

It looks some members of the community here have pointed you in a more appropriate direction to take. Since this isn't a common scenario our community assists with, and a scenario we are unable to assist with (with the exception of offering support with
the Xbox console) this topic will be closed.

Please be sure to post a new thread if you need any further assistance with your Xbox specifically. Thanks for posting!