GAME - Xbox & Fifa 22 Return Refusal

[Quadrophenic]

Hello all. 

 

New here and wondering if you can help without having earned the right for any. 

 

The CONTEXT

I recently purchased an Xbox Series S bundled with Fifa 22 (published by EA Sports) from the GAME retailer in-store. The advertisement I saw had the two items bundled together a deal which included both.

 

Once I had returned home and setup the device and tried to play a match is where the issue started. The quality of the game was beyond unacceptable. The resolution was blurry, the quality was so poor to the extent it was genuinely almost painful to watch/play. I'm on a 2K monitor so I thought maybe that was the issue. Tried again on another TV, same issue. Tried playing about with different resolutions and refresh rates, same issue. You would guess this was PS2 quality graphics. 

 

After a bit of digging it seems this is a known issue. On the Series S the Fifa game renders at 720p and upscales improperly which causes the visual issues.

FIFA 22 players on Xbox Series S say it’s a blurry mess | Tom's Guide

WWW.TOMSGUIDE.COM

---

FIFA 22 on Xbox Series S has the same issues as FIFA 21

 

I had no idea of this issue pre-purchase. I have a fear nothing will be done about this also. I am familiar enough with EA to know of their bad rep. There is a trello post acknowledging the issue but nothing more - 4 weeks without an update, 3 weeks ago was the official launch. This issue is being suppressed on their forums (for no legitimate reason). All mention of the issue is met with a locked thread and banned user directing them to a post saying an update will be posted whenever there is an update. Zero clarity on a roadmap to the fix. 

 

 

All in all I bought an Xbox so that I could enjoy Fifa 22 and play some football and that appears not to be the case. Sadly I have no other desire to play anything else.

 

 

My Dilema/Query/Lack of Understanding About My Rights

I tried to return the console earlier tonight and was told there is nothing wrong with it, the fault lies with the FIFA game. I was arguing that what I purchased is unsatisfactory, it is unable to fulfil what it advertised to do. i.e. The Xbox is unable to play Fifa 22 to an adequate quality, it advertises 1440p (2K) quality gaming, as does Fifa - the end product contradicts the advertisement. GAME were insistent that the hardware is fine, they can't return it and the problem lies with EA. In the store they hooked up my Xbox and showed it played other games.

 

I just don't know where I stand. Whether right or wrong, I am not arguing with their assertion that the hardware is not faulty but surely as a retailer they sold me a bundle and regardless of what component is the root cause - what GAME have sold me, cannot fulfil its purpose.

 

They have said I need written acceptance from Microsoft that I can return the Xbox. I've yet to contact them but I assume they will say Hardware is fine not our problem.

 

Do I have any justification thinking GAME are my contractor and should be refunding the transaction, are they liable in any way to resolve this? Cashback avenue via bank chargeback (although I did use debit ) ?

 

I know this is a nuanced issue but if anyone can offer any advice, insight to what I should do or what my rights are it would be greatly appreciated.

 

 

[dx100uk]

you are correct 

nothing to do with EA nor Microsoft.

 

you bought a bundle 

the bundle is faulty.

 

under your consumer rights and your short term right to return they should be completely refunding.

you are within 30days?

 

dx

 

 

[Quadrophenic]

Thanks dx.

 

Yes was exactly two weeks ago. 

 

I had hoped as much so thanks for your post. The store manager was insistent that nothing to do with them as the hardware was working despite stating the above, and what you repeated, what they sold me is faulty. I asked for the next level of escalation - whoever that is, is going to phone me tomorrow so I'll reference under my consumer rights I've been sold a bundle that does not work. Yep, I had hoped as much, nothing to do with manufacturers.

 

Will see where I get although I fear this will be drawn out for something I thought should be fairly straight forward.

 

Thanks once more and I'll let you know the response. 

 

[Quadrophenic]

Hello again 
 
Since trying to return the bundle in-store unsuccessfully, GAME have been in contact to say they will accept back the Xbox and refund the value I purchased the bundle at minus the cost of the Fifa game as it is digital content. £250 minus £70. Obviously I had to activate the content as I had no idea it would be faulty but GAME are saying I have used it.

 

To me this is unsatisfactory as I believe I have a contract with GAME and GAME alone. How I would get a monetary refund from Microsoft or EA I do not know - I doubt they would even entertain the request and also, I do not believe that burden sits with me. I believe GAME should be refunding me for the cost of the bundle I purchased from them. They are the retailer. If I bought a new car and there was an issue with the tyres I wouldn't be told by the showroom to contact Goodyear (just an example).

 

Are they right that I have no course for a refund for the full bundle from them? Personally part refund is okay but that's £70 out of pocket. And it is more the principle that I feel they have been completely dismissive of the case, my issue and providing any level of customer service. If they are right in their stance I'll swallow this but if not I'll see it through. 
 

Any further thoughts or do I cut losses?

[BankFodder]

I'm not clear on this thread who you purchased it from. Can you clarify. As the retailer they are certainly responsible and it's absolutely correct that you purchase the bundle and if the bundle doesn't work then the whole lot needs to be rejected.

Have you sent them a letter formally rejecting the bundle as a result of the defect and under your rights contained in the consumer rights act 2015?

How much did this will cost you? And they are trying to withhold £70 – is that correct?

 

[BankFodder]

Hang on I understand now that you bought it from Game.

Please will you address the rest of the questions. Also how did you pay? Did you pay by cash?

[Quadrophenic]

Hello BF

 

As you caught, yes both items (console with digital game download) bought from GAME as an advertised bundle (still got screengrabs of the bundle/ad).

 

No letter sent but I did actually quote that specific 2015 act when trying to return it in-store. I was scrolling away online looking at consumer advice on my mobile as the manager was testing the console. It fell on the deaf ears of the store manager who wasn't entertaining the return/my query at all. They just kept saying there is nothing technically wrong with the console. I'd question whether the manager even knows about the CRA2015 considering their response/the lack of engagement.

 

I've not done anything formally but I'll write a letter. The store said I can pick up with customer services. I've went more along the lines of escalating from store to area manager. Their website is quite specific that in-store returns can only be made in-store. I'm awaiting a call from area manager next week but after todays update that they will withhold £70 I'm expecting a similar response.

 

It cost £250 in total. I traded in an old playstation as part of the deal. £100 trade-in value and £150 by debit card. For clarity I'm not expecting £250 back via debit. But £100 store credit and the £150 debit refunded was my sole expectation.

 

Thanks very much btw!

[BankFodder]

Write the letter. It's important that you put this in writing so that you have a paper trail. Send the letter by recorded first class delivery. Explain that because of the defect in the bundle which has manifested itself within 30 days – always refer to the bundle – you are now rejecting it under the consumer rights act 2015 and that you require a refund and you want to know what their arrangements will be for providing you with this.

You can also send this by email – but do it straight away.

This reserves your rights and after that you have some flexibility as to how you want to act.

I understand that they are uncooperative. No surprises. Don't imagine either that they will be fazed by your letter – but the important thing is that you are able to show that you are asserting your rights. After that, they are acting unlawfully

We will help you make a claim against them and I suppose that will involve threatening to sue them and maybe even going on to sue them. You will find interesting and you will acquire some transferable skills which will enable you to sue anybody else who gets in your way with a degree of confidence.

However, it might be a good idea to mitigate your loss and I would suggest that you accept the money that they have put on the table but make sure that they understand that you are accepting it and you are unhappy with it and you consider that they still owe you the outstanding £70.
If you are asked to sign anything then you should decline and then we will help you claim for the whole lot. However if they don't ask you to sign for anything, then make sure that they have a letter from you at the same time saying thanks very much do for the £250. You are accepting it but this should not be taken as an indication that you are now relinquishing your claim to the rest of the money.

Tell us what you want to do – whether you want to take the 250 or whether you want to simply reject the lot and claim for the lot.

If you want to take the 250 – which I suggest that you do – and if they will give you the money despite the fact that you are still reserve your rights in respect of the balance, then come back here when you have that money and we will help you with the rest.

If they refuse to give you the money unless you agree that it is in full settlement, then that becomes very interesting because it becomes very clear evidence that they are beating their obligations under the consumer rights act – and this gives you even greater leverage over them when you decide to confront them.

The advantage of mitigating your loss is that there is less to sue for and that means that your court fees will be less – although you will get these back anyway when you win. Also, because they are only fighting to hang onto £70, they are more likely to put their hands up once they know you're serious.
There is absolutely nothing to lose and everything to gain by taking the money that is available on the table subject to the reservation which I've indicated above.

[The GodMother]

Game have always been a law unto themselves. It has got even worse since they were brought out by Frazier's Group, as in Mike Ashley. 

 

[Quadrophenic]

Hello there

 

First off sorry about the delay in providing a courtesy reply but that's not to say that I haven't been following up on this matter. Moreover a massive thanks for the advice BF.

 

As suggested I sent a letter (in appropriate time), a really good letter (so I thought * modesty emoji *). Very detailed, explaining timeline and communications, explaining the issues/quality of sold goods and the basis for a full refund and asserting the responsibility of the full refund lay with GAME, the latter point being the crux of this.

 

A week or so back I got a reply that read as if the GAME customer service agent had ignored the 99% of the letter and was going back a few steps of this complaint. Their response inferred aspersions with my experience with the console/game. Simply put they were seeking explicit technical "evidence of the console running on 720p as you advised with images validating all this information" nothing else. No acknowledgement of the rest of my 2/3 A4 paged letter, just that technicality. 

 

I guess a bit disappointing but it shouldn't have surprised me as you advised BF.

 

I have since responded asking why the customer service agent is querying the veracity of the/my issue - I outlined the issue was acknowledged and accepted in store by the manager to the extent they issued me a brand new console to see if that resolved the matter and pointed them to the litany of reports across the web explaining the issue. Also, maybe fortunately, the issue is captured on the official Game Developers FIFA website as a known problem - I'm hoping that's the silver bullet.

 

I await a response and will give a further update good or bad. This is pretty binary in my eyes and can't believe its being drawn out - I'm more than prepared to see this to the end. Thanks once more for the advice.

 

 

[BankFodder]

I'm afraid that by getting into correspondence and then waiting for long periods of time and receiving this kind of response, and then simply writing back to them in the way you have is effectively letting them take control.

It is now time for you to take control but you will have to give a quick resume of where you are please.

I seem to remember that there was a discussion as to whether you would accept a part payment and then proceed for the remainder or go for the whole lot.

You need to put an end to this protracted dialogue but it's up to you.