Microsoft Support Refusing to Honour Australian Consumer Law

Recently my Xbox One S 500GB that I purchased a few months ago from Big W was showing static dots/snow on the screen while in use. This eventually got worse and worse over the next few days until the console was almost unusable as it froze and you could hardly see the screen.

Image of the issue. This is happening all over the screen, often worse than this.

I took the console into Big W with the receipt and they quickly set up a repair to send it to Synnex and kept the Xbox. A few hours later, I received a phone call from Big W saying they can't actually take Xbox repairs and they have to go through Microsoft.

Not wanting to make a big fuss, I picked the console up and went to get in touch with Microsoft. I wasn't able to find a phone support number for Microsoft Xbox Support but their online chat promptly set up a repair (in which I had to provide the packing materials, which wasn't too easy to find for an Xbox).

A week or so later, my replacement console arrived. It had small blemishes on it and was clearly a refurbished console as there was no serial number sticker on the back, but instead a service sticker.
It didn't work. At all. There was power, but no display. Even after troubleshooting with Microsoft chat they had to set up a second repair. I requested a new console this time as I only bought the Xbox 6 months ago and would consider this to be a major fault under ACL.

When my third console arrived all was good, except it was another refurb and a few days later the issue of the original console returned. It just won't go away, no matter what I'm doing on the console.

When chatting with Microsoft they have offered to replace it with another refurbished model and flat out refuse to replace it with a new console. Despite me referencing and quoting ACL and threatening to make a complaint to Fair Trading (which I have now done) they just won't do it.

It's seeming like I'm spending more time without my console recently than I am with it. I'm planning to make a trip to Big W again tomorrow and explain that Microsoft are refusing to do anything but provide a refurbished replacement and that the retailer is also responsible under consumer law but feel like it will turn into a huge argument.

So does anybody have any tips or experience with this?

tl;dr xbox one from Big W gets static all over the screen, Microsoft keep sending refurbished consoles that either don't work or develop the same issue in a few days. microsoft are refusing to send me a new console rather than another refurb under ACL and Big W say I have to go to Microsoft for repairs.

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Comments

  • +7 votes

    Make Big W remedy the situation for you, they cant fob you off to Microsoft like this.

  • +5 votes

    You should have asked bigw for a new replacement or refund. Now that it's a ms refurb your out of luck I'd think…

  •  

    Since it's a major fault I'd get a full refund then buy a new console.
    Thought I'm not sure if Big W or Microsoft gives the refund.

  • +5 votes

    Consumer law is intentionally vague and open to interpretation. It is meant to be decided upon in the court system. Unless you went through the full process it’s your word against Microsoft’s that the failure is classified as Major.
    Microsoft are completely within there rights (as a minor failure) to replace the item with a refurbished model so long as they honour the remaining warranty period.
    You can try with Big W, although I doubt they will take any responsibility now that you no longer have the original console.

  • +7 votes

    You should probably change the title of this thread, your contract is with the point of sale, ie Big W they are the ones in the wrong here. If they refuse to take the console for repair and demand a refund. In fact at this point just demand a refund and go somewhere else.

  • +34 votes

    Have you tried different TVs and different HDMI cables to ensure the problem is with the console and not your TV, amp, hdmi adapters, ports, etc??

    Seems very unusual for the same problem to be repeating through different consoles.

    • +16 votes

      I am thinking of the same. The problem should not be the console. It's impossible to have so many different consoles giving the same problem even if they are refurbished. This would only happen if they repaired the original console repeatedly without testing it after the repair.

      Take it to a friend's place and see if the console gives you the same problem.

    • +3 votes

      Exactly what I was thinking. Issue seems to be somewhere else. I'd almost guess HDMI cable.

    • +8 votes

      Lol OP won't be happy about that if it turns out to be the hdmi cable/connection, they got rid of a perfectly good, near-new console and now have a refurb for no reason ;)

      • +3 votes

        I hadn’t thought of that - that’s gonna sting!

        •  

          Op has been online and hasn't responded to your comment… I wonder

        •  

          @Spackbace: To be honest I was more embarrassed that I didn't try another cable this time and instead spent my time typing up a rant post…

          Regardless, the original console still had the issue with another cable and completely froze after a period of use. Which could have been related to the unusually loud fan issue that I was also experiencing with it.

      • +3 votes

        LOL That's the price OP has to pay for falsely ordering 2 repairs and the wasted time on online support. I really think it's just the HDMI cable if I have to take a pick. Probably a cheapie he got from a sale on OzB for $0.01.

    •  

      Thinking the same thing
      Cables, tv inputs or tv itself, maybe even power supply (I dunno just making stuff up now) all potentially causing the issue

    • +3 votes

      The issue with the first console was a combination of graphics issues with the console eventually freezing. Trying another HDMI cable didn't help.

      The second console had no display at all. Regardless of the cable used. It also would not power off when the power button was pressed so must have been locking up on boot.

      I'm embarrassed to say however that the graphics/snow issue with this third console was fixed by replacing the cable. I guess that after the luck with the other two I'd gotten into the mindset that it was the console at fault. Especially since the HDMI cable I was using was the Microsoft one supplied with the Xbox.

      • +3 votes

        Ah well atleast you have a working console now :)

        Now for the fun part of downloading the games again lol

        •  

          You can download the games onto a USB HDD so he might just have to plug it back into his console rather than have to re-download them all.

      • +4 votes

        Don't be embarrassed, it happens to the best of us! I'm glad your console is working again, we'll always be around to give you advice if anything happens again in the future!

  • +2 votes

    You purchased the item from Big W so therefore your commercial contract is directly with them, and not Microsoft.
    Meaning any issues with the product must be addressed by Big W and they cannot fob off their obligations.

    • +2 votes

      I remember years ago having an issue with an iPod Shuffle. Big W did the exact same and straight out refused to service the item which Apple replaced without hesitation. Seems to be a common practice for them.

  •  

    Get a full refund… Buy a new one.

    6 months old should be BigW's problem

  • +2 votes

    tl;dr xbox one from big w gets static all over the screen, microsoft keep sending refurbished consoles that either don't work or develop the same issue in a few days. microsoft are refusing to send me a new console rather than another refurb under acl and big w say i have to go to microsoft for repairs.

    Yep thats MS for you, they dont do repairs in Australia, they just refurbish, even in chat they (have) refer(ed) to it as a new console. An as for them even refurbishing them, I actually doubt that they do that, I had many consoles with the same issue (Xbox one 500g, fan and disc drive) and one that just didnt power on. thats not mentioning the one I got with someone's full account and data on it. They (MS) are quite dodgy over here.

    •  

      even in chat they (have) refer(ed) to it as a new console

      You mean their "Microsoft Certified Like New Device"? Yep, I know what you mean. Even when I asked them if this meant refurb they wouldn't admit to it being one, but they also wouldn't say it was a new device when asked.

      • +2 votes

        On every time I dealt with them they always said "you'll receive a new device". yeah, thats not illegal at all. 🙄

  • +5 votes

    Happened to me but with Sony. Within 3 months Sony has repaired the item 3 times (each repair took about 2 weeks). After One of the repair actually came back with a broke pin. They wanted to repair again for the 4th time.

    I said no and will contact accc. They said please do whatever you like we can't refund and can't give brand new replacement because out of stock.

    So I composed an email with all the facts, timeline, repair proofs and send to accc. Sony melted like butter under Sydney sun last week 45 degree and refunded a week later.

    I will never buy Sony again.

  • +1 vote

    Sounds like am issue with the HDMI. Had a similar problem with a HDMI switch and the Nintendo NES Classic. Replaced the cable and the problem went away.

  • +1 vote

    Yes Microsoft support are useless in this country. Everyone on reddit is always going on about how great they are but this must just be in the US. I had my Xbox One X die after a month. Contacted Microsoft support and they said because it is a new console they had no stock and I would have to wait 3 months for a replacement. Yet I could go down to the local Jb Hifi and buy a brand new one. Absolute joke.

    •  

      That's rubbish, where did you buy from originally? If there's"no stock" they have to give you equivalent value

    • +1 vote

      3 month wait is unreasonable - demand a brand new replacement in writing and point out that the first batch of xbox one x's have a 30% failure rate.

      Send all written emails to press- demand an escalation.

  • +1 vote

    hilarious stuff - Microsoft Australia are rubbish- but wait - in the last few years the most shonky dealings I've had with 1 company Microsoft - yes many departments - based in many countries.

    Criticise them here and you normally get roasted - but its Sunday so the web unit may be on their day off.

    Apart from rude obnoxious arrogance they all have 1 thing in common- they lie through their teeth about everything - even the emails they've sent.

  • +2 votes

    Go back to Big W

    From ACCC

    If you have a valid claim for a refund, repair or replacement, the store must handle your claim. They generally cannot insist you deal directly with the manufacturer, even if your claim falls under a manufacturer's warranty

    Microsoft also are not allowed to send you refurbished products unless they state so beforehand.

  • +1 vote

    Yup it's Bigw's legal obligation to give you a brand new replacement. Don't let them push you over with a simple repair. I use to work at a store and usually the repair option is offered over the replace/refund (for obvious reasons). Stand your ground and demand a refund/replacement.

    However, given it's a refurbished unit from Microsoft and not the initial unit given to you from Bigw, I'm not sure how they will respond to that…

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