Just bought a noisy 360 Elite: Legally, where do I stand?

IronMonkey · Post by **IronMonkey** » 04 Nov 2007, 15:32

Well, they didn't confirm anything about a refund, they just said I'd have to "speak to the manager" tomorrow.

I've got the same thread going on the AV Forums & someone just replied saying they had the same problem as me & he got it sorted by ringing customer services, quoting the Sale of Goods Act, & complaining about the store.

They even let him pay the difference between his faulty XBox 360 Premium & an Elite. So basically, if I don't get anywhere with Blockbuster tomorrow (I am very stubborn when I need to be so should get it sorted), I will ring head office to complain.

To be honest, after I get it all sorted, I may just send a letter of complaint to head office anyway, to voice my concern over the poor service I've had...

bradavon · Post by **bradavon** » 04 Nov 2007, 16:00

I probably wouldn't if I got what I wanted but I am one to write letters if need be. There is absolutely no point sending an e-mail though, they're not considered serious enough.

IronMonkey · Post by **IronMonkey** » 04 Nov 2007, 17:44

Well I reckon even if I get what I want, someone at head office should know that a customer is not happy with their service quality. I wouldn't send an e-mail; like you say, they aren't considered seriously.

My sister complains to companies about stuff all the time & gets lots of free stuff out of them, so maybe I'll get some vouchers or something...

IronMonkey · Post by **IronMonkey** » 05 Nov 2007, 13:46

Well apparently I'm only entitled to an exchange. I've just been in & could only get them to swap it. They wouldn't budge on a refund.

The manager asked her colleague "Is this the lad who was complaining about fan noise?" to which she replied "Yes." and straight away she said he's only entitled to an exchange.

What the hell?! Since when do my rights not come into this?! Anyway, I was sick of arguing. I asked if they would check it before I took it out of the shop & they said no, they can't open them in the shop. Since WHEN?!

Reluctantly, I accepted this second unit & took it away with me. I've just opened it up now to find it has the same constant buzzing up & down of the fans that the first one had.

If this one starts overheating on me I am not going to be amused at all. Trouble is, I've now "accepted" a replacement, so I don't know where I stand if this one goes faulty too.

bradavon · Post by **bradavon** » 05 Nov 2007, 14:21

It doesn't make any difference you've accepted it. You did so grudgingly and if the replacement is faulty it's still faulty. If anything your add stacks of weight (;)) to your case to demand a refund. That's definitely not on they wouldn't test it first.

I would definitely send a letter to head office now quoting parts of the link Mark posted. There's no way you should put up with a noisy fan. I'd deliberately leave it on so hopefully it will overheat, if not I may even lie and say it did. Even if it doesn't overheat the way you've been treated should be enough for them to give in an offer a refund.

If their reply is effectively still sod off then write back again. It may take 2-3 letters. Be polite but forceful in your initial letter, it's best to assume initially they'll just pay up. It will be a different person reading the letter after all.

Yi-Long · Post by **Yi-Long** » 05 Nov 2007, 14:44

Ow man... that sucks so bad, Iron Monkey.

In cases like this, you can understand why some customers flip out and beat up some employees

Fucking bastards

Like Brad says, write to the head-office, and keep complaining and bitching and maybe even sent in an open letter badmouthing the service of that store, and send it to a local newspaper or something.

If all else fails, just throw a rock through their window. Or find out what the manager's car is, and throw a rock through that...

EvaUnit02 · Post by **EvaUnit02** » 05 Nov 2007, 15:21

If you do end up with a quiet 360 and if it ever breaks down, don't be surprised if the repaired unit comes back sounding like a jet turbine.

IronMonkey · Post by **IronMonkey** » 05 Nov 2007, 16:35

bradavon wrote:It doesn't make any difference you've accepted it. You did so grudgingly and if the replacement is faulty it's still faulty. If anything your add stacks of weight (;)) to your case to demand a refund. That's definitely not on they wouldn't test it first.

I know, whats so hard about testing the damn thing? I wasn't asking them to take it apart & check the insides! All they had to do was take it out of the box & plug it in. I am furious with them at the moment!

The stupidest thing is, yesterday I was told I'd have to see the manager & I'd have to come back today to see her. Well, I went in today, & she must have been THE most unprofessional & unqualified manager I've ever known! She didn't have a clue what to do with the computer for sorting out an exchange & she ended up asking the other staff how to do it - the staff who said they couldn't do it!

bradavon wrote:I would definitely send a letter to head office now quoting parts of the link Mark posted. There's no way you should put up with a noisy fan. I'd deliberately leave it on so hopefully it will overheat, if not I may even lie and say it did. Even if it doesn't overheat the way you've been treated should be enough for them to give in an offer a refund.

I will defiitely be writing a letter to Head Office now, along with the photographs of the fault on the first unit as proof that it was not up to standard. I will make it as stern but polite as possible.

bradavon wrote:If their reply is effectively still sod off then write back again. It may take 2-3 letters. Be polite but forceful in your initial letter, it's best to assume initially they'll just pay up. It will be a different person reading the letter after all.

Yeah but I can't believe it has to go this far just to get something done. Its pathetic. Absolutely pathetic. The thing is, if they would have just opened the box & checked the replacement system all this could have been sorted by now. Instead I've got more messing around to do.

Yi-Long · Post by **Yi-Long** » 05 Nov 2007, 16:38

Did you get the manager's name?

Get that useless bitch fired, Monkey! :twisted: :twisted: :twisted:

Ryu Hayabusa wouldnt take petty on that wench!

IronMonkey · Post by **IronMonkey** » 05 Nov 2007, 16:43

Yi-Long wrote:Ow man... that sucks so bad, Iron Monkey.

In cases like this, you can understand why some customers flip out and beat up some employees

Fucking bastards

Like Brad says, write to the head-office, and keep complaining and bitching and maybe even sent in an open letter badmouthing the service of that store, and send it to a local newspaper or something.

If all else fails, just throw a rock through their window. Or find out what the manager's car is, and throw a rock through that...

It does suck so bad, especially since I've waited months to save up for this console. Its just depressing.

I can definitely understand why people would flip out & assualt staff member but its not something I would do, nor is bricking windows! I may just send an open letter off to some newspapers aswell... Good idea.

IronMonkey · Post by **IronMonkey** » 05 Nov 2007, 16:45

EvaUnit02 wrote:If you do end up with a quiet 360 and if it ever breaks down, don't be surprised if the repaired unit comes back sounding like a jet turbine.

Don't say that!

I can't understand how Microsoft can even get away with that. I mean, say you bought an XBox less than a year ago & it goes faulty, to you that unit is brand new, it goes faulty, you send it to them & you get a refurbished one back - I would definitely not be happy about paying full whack for a new one & getting a second hand one back!

Yi-Long · Post by **Yi-Long** » 05 Nov 2007, 16:46

Hmmm... yeah... well maybe you can mix my idea and your idea together, and deliver the polite yet stern letter attached to a brick, thrown through their window.
At least that way, they cant pretend they never received it

IronMonkey · Post by **IronMonkey** » 05 Nov 2007, 16:47

Yi-Long wrote:Did you get the manager's name?

Get that useless bitch fired, Monkey! :twisted: :twisted: :twisted:

Ryu Hayabusa wouldnt take petty on that wench!

No I didn't get her name, & do you know why? Because she had a badge with her name scribbled on it & I couldn't make out what it said! Highly professional.

Its pathetic.

IronMonkey · Post by **IronMonkey** » 05 Nov 2007, 16:47

Yi-Long wrote:Hmmm... yeah... well maybe you can mix my idea and your idea together, and deliver the polite yet stern letter attached to a brick, thrown through their window.
At least that way, they cant pretend they never received it

So true. I wish it was legal to do that!

bradavon · Post by **bradavon** » 05 Nov 2007, 16:54

I will make it as stern but polite as possible.

That's definitely the best approach, if that doesn't work be more forceful with your language but still polite.

IronMonkey wrote:Yeah but I can't believe it has to go this far just to get something done. Its pathetic. Absolutely pathetic. The thing is, if they would have just opened the box & checked the replacement system all this could have been sorted by now. Instead I've got more messing around to do.

Sadly I can. Customer Services has gone ridiculously down hill over the past 10-15 years. It's no wonder the Yanks think our Customer Services is so awful, they're right. Customer Services in particular in America is considerably better.

IronMonkey wrote:No I didn't get her name, & do you know why? Because she had a badge with her name scribbled on it & I couldn't make out what it said! Highly professional.

That is a pity.

If you go back in make sure you ask. So what if she thinks you're stupid for asking, she'll still tell you. You could add "You cannot read her name badge".

If you do go back in, after you've got her name add you'll be writing to head office. Again politely.

Shingster · Post by **Shingster** » 05 Nov 2007, 21:49

IronMonkey wrote:Well apparently I'm only entitled to an exchange. I've just been in & could only get them to swap it. They wouldn't budge on a refund.

The manager asked her colleague "Is this the lad who was complaining about fan noise?" to which she replied "Yes." and straight away she said he's only entitled to an exchange.

What the hell?! Since when do my rights not come into this?! Anyway, I was sick of arguing. I asked if they would check it before I took it out of the shop & they said no, they can't open them in the shop. Since WHEN?!

Reluctantly, I accepted this second unit & took it away with me.

You should have gone home, printed off the Sale of Goods Act, then returned & read out your rights as a consumer; then accuse them of breaking the law. Then you should have asked for the manager's name - and the name of the her direct superior - and the contact details of the nationwide head office of the store. Then tell her you will go home and do 4 things:

1: Contact the local police to see if they can do anything about the breach of the Sales of Goods Act. (probably a long shot, but it sounds good!)
2: Contact a lawyer to find out what legal rights you have to enforce a refund.
3: Phone as many of her direct superiors as you possibly can and explain to them they are in breach of The Sale of Goods Act & let them know exactly how many rules and policies their branches have for not handing out refunds/appropriately checking faulty goods - and just how fucking useless this particular manager is in her complete disregard for the needs of a paying customer.
4: Finally, contact every local newspaper, radio, & TV program that deals with consumer rights issues and let them know exactly how this branch of this chain store are nothing but a bunch of shysters quoting "store practice" as an excuse to not cough up your legally entitled refund.

Never give up with these sort of stores, they will scratch claw and bite to hold onto any sale possible and not give a refund, but as long as you never give in and just repeatedly, confidently, state your consumer rights & don't get in their face ranting and raving like an angry loon, then they have to back down.

Yi-Long · Post by **Yi-Long** » 05 Nov 2007, 21:57

Shingster wrote:
IronMonkey wrote:Well apparently I'm only entitled to an exchange. I've just been in & could only get them to swap it. They wouldn't budge on a refund.

The manager asked her colleague "Is this the lad who was complaining about fan noise?" to which she replied "Yes." and straight away she said he's only entitled to an exchange.

What the hell?! Since when do my rights not come into this?! Anyway, I was sick of arguing. I asked if they would check it before I took it out of the shop & they said no, they can't open them in the shop. Since WHEN?!

Reluctantly, I accepted this second unit & took it away with me.
You should have gone home, printed off the Sale of Goods Act, then returned & read out your rights as a consumer; then accuse them of breaking the law. Then you should have asked for the manager's name - and the name of the her direct superior - and the contact details of the nationwide head office of the store. Then tell her you will go home and do 4 things:

1: Contact the local police to see if they can do anything about the breach of the Sales of Goods Act. (probably a long shot, but it sounds good!)
2: Contact a lawyer to find out what legal rights you have to enforce a refund.
3: Phone as many of her direct superiors as you possibly can and explain to them they are in breach of The Sale of Goods Act & let them know exactly how many rules and policies their branches have for not handing out refunds/appropriately checking faulty goods - and just how fucking useless this particular manager is in her complete disregard for the needs of a paying customer.
4: Finally, contact every local newspaper, radio, & TV program that deals with consumer rights issues and let them know exactly how this branch of this chain store are nothing but a bunch of shysters quoting "store practice" as an excuse to not cough up your legally entitled refund.

Never give up with these sort of stores, they will scratch claw and bite to hold onto any sale possible and not give a refund, but as long as you never give in and just repeatedly, confidently, state your consumer rights & don't get in their face ranting and raving like an angry loon, then they have to back down.

Wow....

THAT would definately end the whole 'gamers are fucking lazy' prejudice that's been going around forever now.

bradavon · Post by **bradavon** » 05 Nov 2007, 23:16

The police wouldn't want to know but it's definitely worth "saying it".

Markgway · Post by **Markgway** » 06 Nov 2007, 01:36

bradavon wrote:I once took back a video I paid 99p for from Woolworths (it was a "buy this and get this for 99p" deal) and got £18 for it in HMV . I was well surprised by that one. I've not done it for years now.

You thief!!!

IronMonkey wrote:Well apparently I'm only entitled to an exchange.

Wrong!!! If it's faulty you're entitled to a full refund. Shit, I wish I was there I would've gave those barstools are an earful for you. If you want action just say two words in quick succession: Trading and standards. That scares the shit out of any manager.

IronMonkey · Post by **IronMonkey** » 06 Nov 2007, 08:30

Well, I've written a 6 page letter (took me 3 hours from 9:30pm until 12:30am last night!) containing a detailed account of everything that has happened & explaining my utter disgust with Blockbuster's staff. It also features photographs of the fault on the first machine.

I'm going to test out this replacement system before I send the letter though. If it turns out that this one overheats too then I'll amend the letter accordingly. I'll get the chance to test it either tonight or tomorrow (day off work).

I think once it is sent, I may even post the letter on here for you guys to have a read if you want? Its quite scathing; I've remained polite through it but put my point across that my local Blockbuster staff are useless.

bradavon · Post by **bradavon** » 06 Nov 2007, 10:20

WOW 6 pages. Good on you though for going into so much detail.

I think once it is sent, I may even post the letter on here for you guys to have a read if you want? Its quite scathing; I've remained polite through it but put my point across that my local Blockbuster staff are useless.

Sure if you like. That definitely sounds like the right approach. If their staff are incompetent it needs to be mentioned, but as you say politely.

Lourdes · Post by **Lourdes** » 06 Nov 2007, 11:20

Why does everyone love to overcomplicate things so much? You had a faulty product, you're entitled to a refund - if they ignore the law then you contact trading standards. Job done.

bradavon · Post by **bradavon** » 06 Nov 2007, 11:28

Personally I'd see where IM's letter gets him before contacting trading standards. You don't want to play your trump card before at least writing to head office first.

IMO of course.

IronMonkey · Post by **IronMonkey** » 06 Nov 2007, 11:46

Yeah, I agree with bradavon. I think it is best to send a letter of complaint first. If nothing comes of it, then I can go to Trading Standards. If nothing else I at least want Blockbuster to know I am not happy at all with the "service" I have received.

bradavon · Post by **bradavon** » 06 Nov 2007, 11:50

Have you said in the letter you want a refund? If they don't offer one then go to trading standards. I'd give it 7 days, maybe 10 days before you do so.