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Ok, I've just been speaking to microsoft reguarding my brothers faulty Xbox 360. It's currently scratching perfectly circular rings into the disk. Luckly my brother has only been playing one game since this started happening. Now microsoft customer support have agreed to collect the xbox and have it repaired. My issue is that they are refusing to replace the disk their console has destroyed.
I rang up the first time got through to their call center somewhere in india, and the gentleman on the phone told me to go through the xbox disk replacement program. I hung up, went to the webpage, and found to my horror that they planned on charging me £10 for this. £10 to replace a disk their own faulty console has damaged, as far as I'm aware, this program is for people who have damaged disks accidentaly.
I rang up a second time just now, and asked another of their call center staff if she could replace the disk for me. She asked me if I had the console on a steady surface, and if I had moved it, I replied with no, as it was lying flat on a very heavy wardrobe, and uses wireless controlers, the only reason to even touch the console is to insert the disk. I also explained to her that I had talked to people online, and even found a video documentary proving that these consoles have scratched disks in the exact same way in the past, and that this was a well known fault.
She then looked through her game database, and found the title (call of duty 4). And told me that as it was published by activision and not microsoft, she could not replace it. And that I should call activision and use their own disk replacement program. I explained to her that as their console was at fault, they should ring activision on my behalf and she refused. I then told her that activision would charge me for this as they are not liable for microsoft's console breaking my disk. She then started repeating "if you have any other questions just call us back your referance number is.." As if to try and terminate the conversation.
My question is:
Are microsoft liable to foot the bill for any charges associated with getting this disk replaced.
EDIT:
just got off the phone with a pretty nice bloke at activision, he sympathised, but as it's not their fault a replacement disk would be £12.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
The circular ring issue was featured on Watchdog a couple of weeks ago, and MS are refusing to accept liability for any of it. They are currently being sued in a class action in the US for that very problem so I have a feeling that you won't get anywhere until that is sorted, that is if MS doesn't settle out of court beforehand.
Apologies to people who I was in the process of helping, I may be gone some time.
Original Message sent through the Xbox 360 online email help thingy.
Originally Posted by Renzokuken
My brother's Xbox has developed a fault. Even when perfectly stationary and untouched, it has managed to scratch a perfectly circular ring into my call of duty 4 disk. The xbox is on an extremely sturdy set of drawers made of 1.5 thick wood. The console has not been moved, or touched except to insert the game disk and is lying horizontaly on all four feet.
The console was purchased from my local currys store, where I also work. And will be sent off for repair via the store to yourselves, my question involves the replacement of the game disk.
As this disk was damaged by your equipment through no fault of my own, I would kindly ask that microsoft issue me with a replacement at no cost to myself. I have tried speaking to your call center and have had less than satisfactory service from them.
If your game was published by another company other than Microsoft, please check the publisher's internet site for similar programs.
Kind regards
Adams.
Xbox Customer Support Team
My Reply:
Originally Posted by Renzokuken
Dear Adams.
I've already been directed both to the publisher and to your "disk replacement program".
Your disk replacement program has a charge of £10, and the publisher £12. Why should I pay to have a new disk issued when your faulty equipment damaged the old one?
If microsoft intends to remburse me for the cost of replacement then I will obtain a replacement from the publisher. But as of yet I do not see why I should foot the bill for a disk, when a well documented fault in your console destroyed the original?
If you cannot action my request for a new disk, I suggest you forward this email to a department or person who can.
Kind regards
-*Name*
And again..
Originally Posted by Microsoft
Dear *Name*,
Thank you for contacting Xbox Support.
We are more than happy to assist you; however we require more information regarding your issue. Please contact us by phone and one of our representatives will be able to help you further. Our contact details can be found on the web link below.
Kind regards
Lina Cooper
Xbox Service and Support Team
And my response again.. ¬_¬
Originally Posted by Renzokuken
Dear Lina
I've already contacted you by phone, twice, if you can give me the direct number of someone who can actualy deal with my problem then I'll be happy to ring you and get this sorted, but as of yet, I've recieved nothing but stonewalling from your "customer service team" reguarding this issue.
It seems unless it's the standard "my xbox is faulty" complaint, your call center is incapable of showing a little flexibility, and common sense in order to handle the situation.
As I said, if you can provide me a direct number to a member of staff who is willing, and able to deal with my issue, I will happly ring them, but I refuse to go through your shambles of a call center again.
Kind Regards
-*Name*.
And the last response I got from them today:
Originally Posted by Microsoft
Dear Mr *Name*,
Thank you for contacting Xbox Support.
Please try contacting at the beginning or end of our opening hours as these are usually quieter periods.
In the mean time please visit the web link below to find our self help resources. We apologise for the inconvenience.
Kind regards
Julie.
Xbox Service and Support Team
And todays reply
Originally Posted by Renzokuken
Dear Automated message machine.
Please inform your superiors, wether it be through means of a series of beeps, or possibly by scratching a message into a CD for them. That I will be contacting my local trading standards regarding this matter.
I have not asked for anything unreasonable, simply that you fix that which your faulty hardware has broken, and I've recieved nothing but standard stonewalling, automated and completely unrelated messages.
I will be in touch again pending the advice of my local trading standards.
Kind regards
-*Name*.
So as you can see, nothing but automated messages and non-sensical dribble.
Any advice on next steps?
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
Just had a call from a "microsoft escalations representative". Who basicly rang to explain why it wasn't my brothers consoles fault the disks were scratched, saying it must have been moved etc, basicly ringing me up to call me a lier.
She also asked if I'd seen that program you linked to bookworm. Trying to imply that it's somehow effected my judgement. Funny considering I watched it after I put my original complaint in.
Also, do microsoft have a single english call center, damn I'd even settle for an american, just someone who's accent I can understand!
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
I had the same problem as you and tried my hardist getting my 2 damaged disks replaced for free with no luck.
But if you get hold of some brass cleaner:brasso put in on a cloth and work this in the scratches the game will work.
Its only the protective layer on the disk that is scrtached the info is not affected when scratched.
Keep rubbing in brasso and the scratch will vanish and you will be able to play the games.
As i said i had 2 games scratched and have advised friends who had damaged disks and upto now this has worked 100%.