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    Contacted HMV regarding the removal of PS3 OSX, Here What i Got.

    Dear *******,



    Ref: ******



    I am writing in response to your recent enquiry concerning your Playstation 3 console purchased from our .


    I was sorry to learn of your disappointment with the recent firmware update for your console. The PS3 originally sold to you did contain the Install Other OS functionality and so did conform with the description set out on the box. We understand that the functionality is only removed if you choose to install a firmware update (update 3.21) made available by Sony from 1 April. When you choose to install the update, the use of that update, its installation (and its effects) will be the subject of an agreement between you and Sony and will be subject to the terms and conditions applied by Sony. hmv cannot be held responsible should a product purchased from its store be altered by way of an agreed update received from a third party.


    We appreciate that this may not be the response you were hoping for, but thank you for presenting hmv with the opportunity to explain its policy on this matter.


    Kind regards,

    Karen McIntosh



    So what do you think?

    32 Comments

    Banned

    i think shes mad....... it mentions nothing of other os on the box:)

    mmm-but surely you HAVE to install the updates dont you? for new games etc?new bluray updates etc? they might have a point if it truly was possible to ignore the sony updates but I dont believe its realistic to say its "your choice"

    I got mine from hmv. Will have to contact them about it.

    casparwhite;8637727

    i think shes mad....... it mentions nothing of other os on the box:)



    oh yeah-missed that bit-bot SOME ps3s were sold with the linux option mentioned on the box werent they?

    Original Poster

    barky;8637742

    mmm-but surely you HAVE to install the updates dont you? for new games … mmm-but surely you HAVE to install the updates dont you? for new games etc?new bluray updates etc? they might have a point if it truly was possible to ignore the sony updates but I dont believe its realistic to say its "your choice"



    This is exactly what my argument back is going to be, i have no choice but to update if i still want to play new games and online games...

    Banned

    What do you say in the letter you contacted them with and what outcome were you hoping for?

    Obviously her answer is BS. You have no choice in the matter regarding the software and firmware... particularly if the software you bought and mangling the OS thing, was similarly bought from HMV. The ball is back in their court with that one!

    I would be surprised if they said anything other than this.

    Feint heart never won fair maiden.

    guv;8637795

    What do you say in the letter you contacted them with and what outcome … What do you say in the letter you contacted them with and what outcome were you hoping for?Obviously her answer is BS. You have no choice in the matter regarding the software and firmware... particularly if the software you bought and mangling the OS thing, was similarly bought from HMV. The ball is back in their court with that one!



    yes but doesnt their reply indicate that the PARTICULAR console bought by the op did not state on the box that the ability to install linux was a feature of the console? Im sure some of them were at one time actually flashed on the box that linux was a feature but if it wasnt sold with this advantage?

    Original Poster

    barky;8637864

    yes but doesnt their reply indicate that the PARTICULAR console bought by … yes but doesnt their reply indicate that the PARTICULAR console bought by the op did not state on the box that the ability to install linux was a feature of the console? Im sure some of them were at one time actually flashed on the box that linux was a feature but if it wasnt sold with this advantage?



    In my original email i never stated it was on the box, did not even mention what size it was, simply when it was bought and that when i bought the ps3 it was heavily promoted by the sales assistant in hmv regarding the OSX function,

    i bought the 80gb btw,

    the problem i am now facing is that i have no updated as i dont want to lose linux, but i can now no longer get the updates to play new games and blu rays, totally rendering the ps3 useless compared to its original function,

    lastlaststar;8637913

    the problem i am now facing is that i have no updated as i dont want to … the problem i am now facing is that i have no updated as i dont want to lose linux, but i can now no longer get the updates to play new games and blu rays, totally rendering the ps3 useless compared to its original function,



    So what were you asking for in your letter. The reply has no context.

    Original Poster

    thesaint;8637968

    So what were you asking for in your letter. The reply has no context.



    Sorry

    Where i stand and who to contact within HMV in regards to getting a partial refund

    lastlaststar;8637997

    SorryWhere i stand and who to contact within HMV in regards to getting a … SorryWhere i stand and who to contact within HMV in regards to getting a partial refund



    No wonder you got fobbed off.
    You have asked them "Where do I stand?" You obviously have no idea, so they'll tell you "You stand nowhere".

    "Partial Refund" they should have sent you a £1 voucher. Weak, weak, weak.

    the people that have tried for refunds...did you use the linux option? or are you just being an arse cos you want 'free' money? Seems too much hassle imo

    Original Poster

    thesaint;8639276

    No wonder you got fobbed off.You have asked them "Where do I stand?" You … No wonder you got fobbed off.You have asked them "Where do I stand?" You obviously have no idea, so they'll tell you "You stand nowhere"."Partial Refund" they should have sent you a £1 voucher. Weak, weak, weak.



    Well what was i meant to say? i'm not normally one to complain but after spending £300 and now not being able to use the ps3 properly im a little miffed..

    and yes i do use linux,

    lastlaststar;8639801

    Well what was i meant to say? i'm not normally one to complain but after … Well what was i meant to say? i'm not normally one to complain but after spending £300 and now not being able to use the ps3 properly im a little miffed..and yes i do use linux,



    so you bought the ps3 just for its linux capabilities?...me thinks not

    tbh people asking for a refund are just arses IMO, you forked out £300 quid for a games console/blu ray player not £300 for a machine that runs linux...you could do that for half the price with a nettop etc

    numptyj;8639812

    so you bought the ps3 just for its linux capabilities?



    Can't you read?
    Where does he say that?

    Banned

    numptyj;8639812

    so you bought the ps3 just for its linux capabilities?...me thinks nottbh … so you bought the ps3 just for its linux capabilities?...me thinks nottbh people asking for a refund are just arses IMO, you forked out £300 quid for a games console/blu ray player not £300 for a machine that runs linux...you could do that for half the price with a nettop etc



    no he spent £300 on a console, blu ray player that also runs linux

    Where did he say he bought it just for linux?

    thesaint;8639969

    Can't you read?Where does he say that?



    colinsunderland;8639982

    no he spent £300 on a console, blu ray player that also runs linuxWhere … no he spent £300 on a console, blu ray player that also runs linuxWhere did he say he bought it just for linux?



    oops my bad :oops:

    Im in the same argument right now with Play.com

    European law Directive 1999/44/EC states that goods must “be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase”. European law responsibility is placed on retailers and not product manufacturers.

    My argument is if Play.com said at the time of purchase that OtherOS would be removed, then we would have no argument.

    But because this wasnt detailed in the description at the time of sale, then as ive wrote above, European Law says that this responsibility lies with Play.com to fix it.

    On the box of my PS3 that I bought on launch day, it says......."Designs and specifications are subject to change without notice."
    Don't know if that covers their bottom.
    I guess not as some peeps have indeed had a refund of sorts.
    ]http//ww…470

    By the way, is this PS3 of much value these days?
    It's never been updated and hardly ever been played with.

    Banned

    hippyharry;8640058

    Im in the same argument right now with Play.comEuropean law Directive … Im in the same argument right now with Play.comEuropean law Directive 1999/44/EC states that goods must “be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase”. European law responsibility is placed on retailers and not product manufacturers.My argument is if Play.com said at the time of purchase that OtherOS would be removed, then we would have no argument.But because this wasnt detailed in the description at the time of sale, then as ive wrote above, European Law says that this responsibility lies with Play.com to fix it.



    it is still fit for purpose and it still carries out what other similar items/consoles do........ie xbox 360, wii etc which is playing games

    Surely for a refund you have to show that you are financially out of pocket by the decision by Sony to remove the other OS ability. Now unless you DID buy the ps3 solely for that purpose (which i dont think anyone did) then it means you can still do the main function that you bought the console for, playing games/watching blu-rays.

    Jumpingphil;8640461

    By the way, is this PS3 of much value these days?It's never been updated … By the way, is this PS3 of much value these days?It's never been updated and hardly ever been played with.



    Depends which model it is, but they go for around £150.

    davidn84;8641237

    Surely for a refund you have to show that you are financially out of … Surely for a refund you have to show that you are financially out of pocket by the decision by Sony to remove the other OS ability. Now unless you DID buy the ps3 solely for that purpose (which i dont think anyone did) then it means you can still do the main function that you bought the console for, playing games/watching blu-rays.



    The laws protecting consumers do not support your incorrect understanding

    Had the near exact same reply from tesco, sent another few emails and their legal team admitted I was right and offered partial refund.

    thesaint;8641323

    The laws protecting consumers do not support your incorrect understanding



    What law's are these? The ps3 is sold as a games console with a blu-ray player...just because Sony have stopped allowing other OS's to be used doesnt make it any less of a games console or blu-ray player.

    look at mobile phones...many have the option to allow delivery reports to be turned on, however most networks dont support this function, i didnt see a big rush of people going to complain about the networks choosing to remove this function from being used?

    Banned

    electriclinux;8641349

    Had the near exact same reply from tesco, sent another few emails and … Had the near exact same reply from tesco, sent another few emails and their legal team admitted I was right and offered partial refund.



    proof?

    Thank you again for contacting our Chief Executive. Thank you also for your patience while I looked into this for you.

    I have now received final responses from our Legal Team and our Claims Manager. Both of whom have asked me to offer you their apologies for the time it has taken to get a definitive answer.

    Our Legal Team agrees in general terms with your contention regarding the Sale of Goods Act. They do agree with the conclusion you have reached, but they have pointed out that you have used the incorrect legal route.

    With their approval, our Claims Manager has now instructed me to offer you 10% of the console's sale price. This is £43.00 and it will be paid in the form of a Tesco Moneycard. I'm afraid this is not negotiable, as it is the same figure you would get if the console was completely inoperative.

    Bearing in mind that you have had the use of the console for over 3 years, and two of its three main functions remain unaffected, I hope you will agree that this offer is fair and reasonable. If you agree, please get back to me with your full address details.

    In the meantime, thank you again for your patience and I will look forward to hearing from you soon.

    Kind Regards


    Gary O'Connor
    Customer Service Executive

    Banned

    so its not the same as what hmv have said at all

    as it is the same figure you would get if the console was completely … as it is the same figure you would get if the console was completely inoperative.

    casparwhite;8641422

    so its not the same as what hmv have said at all



    Explain how it is different?

    Banned

    electriclinux;8641438

    Explain how it is different?



    do i really need to explain......:roll:

    casparwhite;8641454

    do i really need to explain......:roll:



    No you don't have to but I am having a hard time trying to understand the difference.
    I contacted tesco about a refund, they claimed no responsibility, I provided proof it is their responsibility and got a partial refund.

    He contacted HMV about a refund, they claimed no responsibility and now he needs to provide proof it is their responsibility and get a partial refund.

    davidn84;8641361

    What law's are these? The ps3 is sold as a games console with a blu-ray … What law's are these? The ps3 is sold as a games console with a blu-ray player...just because Sony have stopped allowing other OS's to be used doesnt make it any less of a games console or blu-ray player.



    There is another thread on HUKD where much the same thing was said.
    Sony can do whatever they like, but no one purchased a PS3 from Sony.

    davidn84;8641361

    look at mobile phones...many have the option to allow delivery reports to … look at mobile phones...many have the option to allow delivery reports to be turned on, however most networks dont support this function, i didnt see a big rush of people going to complain about the networks choosing to remove this function from being used?



    If a person purchased a phone without the function being available on the network of their choosing, they wouldn't have a leg to stand on obviously.

    If the sales person said it was available on the network, and it was subsequently removed, they would be entitled to compensation.
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