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[Chopper]

Retweeted, hope it helps.

Thanks man.

Done it again. Day 19 of being ignored now guys. Yay!

 

[tsab]

Sorry to hear that. I wish I was in the same country code with you OP to fix it for you free.

 

[(mat)]

Try their Facebook as well. That will probably get more attention than Twitter.

 

[Chopper]

Try their Facebook as well. That will probably get more attention than Twitter.

You reckon? How many Facebook profiles do they have?

 

[(mat)]

I could only view the Canadian Facebook because it annoyingly redirects me after seeing I'm viewing from Canada, but they should just have one Facebook page.

I think Facebook would be better because on Twitter, you need to search for your post to find it. If you get your complaint on their Facebook wall, it's open to the public.

 

[Chopper]

Stupid question: How do I post on their Facebook page?

 

[Chopper]

After 20 days of keeping me waiting, the gentleman who appears to be the manager of customer services in the UK got back to me today, with:

Dear Mr. Chopper,

Thank you for your most recent email with our Nintendo Support Centre.
 
I am contacting you regarding your recent 3DS XL repair under reference [blah blah]. 
 
Your case was personally forwarded to me from "Debra" for further investigation and I have taken the time to go through all correspondence passed through the Support Centre. This investigation also included liaising with our lead engineers in order to gain a personal understanding of your case and ensure your enquiry was thoroughly checked and diagnosed to a high standard, however we still uphold that physical damage was present therefore charges are still valid as this is not covered under warranty.
 
As stated in our previous correspondence, we would never venture to specify how physical or accidental damage has been caused to the console in question. I will note that the damage found to the unit was diagnosed with two reported problems and as such all defects found both internally and externally were replaced with new components.

I do appreciate your loyalty to Nintendo and hope you will continue to enjoy our products in the future, however we do constantly endeavour to treat all customers as equals to provide a consistent and effective service.
 
Kind Regards

Hmmm. Wasn't very happy with that either. The lack of actual facts they are able to provide is ridiculous. So I hit back with:

Thankyou for your email regarding my recent 3DS XL repair, and for taking the time to look into my case.

May I take this opportunity to let you know that "Debra" did an excellent job of providing the information she was able to give me regarding my repair, and she is clearly a valuable member of your team.

Unfortunately the information you have given me doesn't really expand upon anything I have already been told. I am still waiting for some specific information regarding what type of "physical damage" had been inflicted. By this I don't mean "how?", but "what?". Seeing as I am able to inform you that the chances of any physical damage being inflicted upon my console are non-existent, I would like you to provide me with the information that proves otherwise.

Section 11 of the Sale and Supply of Goods to Consumers Regulations 2002 states that the retailer would have been obliged to provide a new console due to its faults. Faults that occurred during normal, intended usage. However, Nintendo's bizarre online policies regarding the multiple titles I have downloaded from the eShop, including the Ambassador titles I would be unable to redownload, made sure that this was simply not a realistic option. How is it that within the relevant timeframe of 6 months, Nintendo are unable to comply accordingly, and give benefit of the doubt to a loyal customer who could have taken one path, but specifically didn't want to lose the valuable games downloaded onto my console.

I appreciate the requirement for Nintendo to be seen to provide all customers with equal quality service. However, my research into some of your various customer service cases suggests to me that there is actually very little consistency between the information distributed regarding the 3DS's various issues. In fact, it appears as though NoA are much more forgiving in regards to such issues. Perhaps if I lived in America, I would not have had this issue. And I would have gotten a charger!

Thankyou again for your time, and I look forward to hearing any more information you can provide. In the meantime I will still consider the payment unjustified, unnecessary and insulting.

Regards...

(Thanks phisheep)

This ain't over! I'm insulted dammit!

 

[P90]

And people... Hate apple. If that was an apple product, you would have had it all resolved (possibly new item too) by now

Apple's support is fantastic. That said, NOA CS has been phenomenal for my family over the years.

i hope it gets worked out for you OP.

 

[KungFucius]

Do you have pictures?

Even if you markup stock photos to explain what happened it would help. How did the screen scratch? You said the slider broke, did it appear like it was damaged? If so how do you account for that.

I think this is ridiculous. There is no way that Nintendo UK has "lead" engineers to diagnose issues with repairs. They are EEs with minimal training, I am thinking associates level degree with a manger that either has an advanced EE degree or someone with a business degree. They are not experts in quality and unless they have strong proof that the damage you are claiming cannot come from actual use then they are just guessing. And that is silly. With 10's of millions of devices out there, some will have defects and these defects are the ultimate cause for your issue.

Also show them this thread. I think this exposure over such an extremely cheap problem is not at all worth it.

 

[Chopper]

Do you have pictures?

Even if you markup stock photos to explain what happened it would help. How did the screen scratch? You said the slider broke, did it appear like it was damaged? If so how do you account for that.

I think this is ridiculous. There is no way that Nintendo UK has "lead" engineers to diagnose issues with repairs. They are EEs with minimal training, I am thinking associates level degree with a manger that either has an advanced EE degree or someone with a business degree. They are not experts in quality and unless they have strong proof that the damage you are claiming cannot come from actual use then they are just guessing. And that is silly. With 10's of millions of devices out there, some will have defects and these defects are the ultimate cause for your issue.

Also show them this thread. I think this exposure over such an extremely cheap problem is not at all worth it.

The device snapped at the red line in my awesome illustration. During normal intended use. Reclined in my armchair, turned on NSMB2, decided to play in 3D, pushed 3D slider upwards, *click*, slider snaps and rattles about loose. I have never, ever dropped, shaken, knocked or "physically damaged" my console in any way, let alone to a degree that would result in this kind of fault occurring. The system was faulty.

The scratches started out as miniscule dots, again illustrated at the top end of my awesome illistration. These dots, despite a conscious effort to protect the screens using a microfibre cloth, developed into lines. Hence ridiculous scratches.

I appreciate that I have been very unlucky.

 

[encephalon]

Similar thing happened to me with NoA. The top screen started going out so they immediately accused me of dropping or hitting it. Then moved on to blame nonexistent siblings.

 

[Chopper]

Similar thing happened to me with NoA. The top screen started going out so they immediately accused me of dropping or hitting it. Then moved on to blame nonexistent siblings.

That is very shitty. Did you ever sort it out?

I'm about to send another email. A customer of mine has just brought this to my attention, from the Sales of Goods Act 1979:

14. Implied terms about quality or fitness.

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

So, 2B(c) and (e) have me covered easily.

 

[encephalon]

That is very shitty. Did you ever sort it out?

I'm about to send another email. A customer of mine has just brought this to my attention, from the Sales of Goods Act 1979:



So, 2B(c) and (e) have me covered easily.

Actually I had forgotten what year I had gotten it so it wasn't under warranty anyways. I didn't really use it. Still, even if it had been under warranty, they probably would have refused on the basis of accidental physical damage.

 

[Chopper]

Actually I had forgotten what year I had gotten it so it wasn't under warranty anyways. I didn't really use it. Still, even if it had been under warranty, they probably would have refused on the basis of accidental physical damage.

I'm so bored of seeing that phrase.

 

[Chopper]

Okay, I've updated the OP with every transcript. I'm quite proud of myself so far, if I do say so myself. They're definitely worth a read.

I've finally broken through the grunt ceiling, and quoting law directives at the management must surely make them sit up and take notice. The onus is definitely on them to prove that the console was damaged in some way other than the faults I have described. And I don't believe its possible for them to do that.

Based on this fact, I am fully prepared to go to small claims court about this. I'll get the CAB involved too, for extra backup. I don't think they'll let this happen though, because they know they can't win. Or if they can, they have been withholding the evidence from me since the 26th November, the day of my first correspondence.

The next reply I get will be very interesting.

 

[giant_frying_pan]

If they don't reply favourably, consider civil action in small claims court.

 

[Chopper]

If they don't reply favourably, consider civil action in small claims court.

All over it mate.

 

[Chopper]

GAH! God dammit! What is the matter with these people?!

Dear Chopper,
 
Thank you for your most recent email with our Nintendo Support Centre.
 
I am contacting you regarding your recent 3DS XL repair under reference 175038.
 
Further to my email response dated 10th January 2013, I have liaised with our Lead Engineers in order to obtain further details of the damage caused to your 3DS XL as requested. I can confirm that our engineers' diagnosis report showed that physical damage was present on both the screen and 3DS slider of the unit. As previously stated, we would never venture to specify how physical or accidental damage has been caused to the console in question, but can confirm that the nature of the physical damage that was present is not covered by our manufacturer's warranty. 
 
We therefore uphold that the repair fee of £77.50 paid by yourself is valid and are unable to comment further on this case.
 
We do very much appreciate and value the loyalty that you have shown to Nintendo over the years and in recognition of this we would like to send you a deluxe Nintendo goody bag. If you would be so kind as to provide an address for this to be sent to I will arrange for this to be sent out as a priority.
 
 Kindest Regards

So the damage they "diagnosed" are the two faults I informed them about in the first place! F.M.L.

This is what I've sent back:

Thankyou for your latest email. Unfortunately it confirms what I already suspected. And that is that the "physical damage" that has been "diagnosed" by your "expert technicians" are in the fact the very faults of which I made you aware in the first place.

To be clear, neither the screen damage nor the broken slider were a result of my own actions. This is a fact. 

Having already had the screens replaced on my launch console (a fault that was within warranty guidelines at the time), I learnt my lesson and used a microfibre cloth to stop the same problem happening on my XL. The problem happened anyway, as the edges of the bottom screen rub up against the top screen. I appreciate that this is not a problem that affects every XL console, but is certainly a problem on mine, and is a fault of the system itself. No excessive pressure of any description has been placed on my console, and I have taken steps to protect the screens. The scratches occurred during normal intended use.

The slider, again, broke during normal intended use. I pushed the slider up normally, and the switch snapped away from the system. The slider has never been flicked or manhandled in any way that would incur such a fault. The slider was faulty.

I understand the requirement for consistency, but you seem to be ignoring the specific details and information I have been giving you so that you are able to repeat the line that you wouldn't "venture to specify how physical or accidental damage has been caused", a line I have heard too many times, yet one that is irrelevant.

What doesn't seem to be getting through is that damage was not caused. As stated previously, I have never dropped, knocked or shaken my console. I have always taken great care of it. If it is not in my hands, it is in its cradle or its protective case. I made you aware of faults with my system and those faults have been twisted into "physical damage" by yourself and your team, that I have supposedly inflicted myself.

Both faults occurred during normal, intended usage. The system was faulty.

I'm sorry to keep repeating myself, but the facts are basic and clear, yet are being ignored.

Quite frankly, I am tired of receiving responses that a robot could have extracted from a script. I have hardly received "customer service", as my words fall on deaf ears. I need to know that a human within Nintendo is able to appreciate that the claims that I damaged my console are false. "Physical damage" is a very convenient "Get out of jail free" card that can be applied to any case that is slightly more complicated than your average lost stylus.

Be assured, your diagnosis is wrong, the payment remains unjustified, and the CAB are very interested in my case. In small claims court you would be required to prove that I caused these faults to occur. That is absolutely impossible, as I did not. The fact that I was able to quote law directives that support my argument, and yet you declined to either acknowledge them or at least put my case into context in the event my claims are false, speaks volumes. 

You have also ignored the fact that whilst the retail store would have been obliged to replace my console, it is Nintendo's own online licensing policies that prevented me from taking that path. The fact that I turned to Nintendo for help appears to be a costly mistake that I perhaps shouldn't make again.

As much as I appreciate the gesture of a goody bag, and as tempting as it may be, I'm not sure its contents would quite make up for the poor service I have received, let alone the price I foolishly paid for my repair. I think acceptance would undermine my case and the anger I am currently feeling, so I will politely decline, thankyou. 

Regards

 

[hunnies28]

I found that very well written and within your rights to get as aggresive as you did.

 

[phisheep]

Hi Chopper,

Don't have a lot of time to respond (got a meeting in 35 mins that I haven't prepared for yet, oops), but be sure to pursue the retailer in parallel. The manufacture might decline on warranty terms but the retailer cannot do so.

Catch up with you later.

 

[Chopper]

Hi Chopper,

Don't have a lot of time to respond (got a meeting in 35 mins that I haven't prepared for yet, oops), but be sure to pursue the retailer in parallel. The manufacture might decline on warranty terms but the retailer cannot do so.

Catch up with you later.

Hey man. As I mentioned before, the fact that I had a shitload of titles downloaded from the eShop means that I didn't contact the retailer at all. I initially paid cash for the console, so the only time I've contacted them was to get proof of purchase, in the form of a loyalty card points statement, in order to instigate the repair in the first place. Presumably it would be too late to contact them now? I'm unsure how it would help.

 

[phisheep]

Hey man. As I mentioned before, the fact that I had a shitload of titles downloaded from the eShop means that I didn't contact the retailer at all. I initially paid cash for the console, so the only time I've contacted them was to get proof of purchase, in the form of a loyalty card points statement, in order to instigate the repair in the first place. Presumably it would be too late to contact them now? I'm unsure how it would help.

How it would help it is not running out of limitations. Your primary contract is with the retailer, so press the retailer now. What you don't want to do is keep pressing the manufacturer and then get back to the retailer when it is too late to get recompense.

 

[Chopper]

How it would help it is not running out of limitations. Your primary contract is with the retailer, so press the retailer now. What you don't want to do is keep pressing the manufacturer and then get back to the retailer when it is too late to get recompense.

But I've already paid the manufacturer for the repair. Pressing the retailer won't achieve anything but perhaps get a new console. I would still need to trade in my repaired console with all my games on it. :/

 

[Peagles]

But I've already paid the manufacturer for the repair. Pressing the retailer won't achieve anything but perhaps get a new console. I would still need to trade in my repaired console with all my games on it. :/

Couldn't you just do a system transfer?

 

[Chopper]

Couldn't you just do a system transfer?

I suppose I could now, assuming the store has WiFi. But all that wuld get me is a new console. My current console has already been repaired. It's fine. I just want my £77.50 back.

Although, I am now wondering what a "deluxe" Nintendo goody bag would contain...

Edit: Tweaked the draft and committed to the above response.

 

[hunnies28]

Never give up! Trust your instincts!

I'm rooting for you. Keep fighting the good fight.

 

[Chopper]

Since I've had a few PMs asking me how this went down, and seeing as poor Nintendo customer services is flavour of the day, here's an update:

Fuck all has happened. Owen Fish, the manager of customer services based in Portsmouth here in the UK, has chosen not to address my grievances and has instead chosen to continue ignoring me. The fact that I pointed out that they would be obliged to prove that I caused damage to my unit in court was entirely lost on him. The entire farcical issue of their "expert technicians" "diagnosing" the faults I initially reported on the phone in the first place was completely lost on him. A tiresome robot with no helpful insight and no desire to help a loyal Nintendo customer.

So, I plan to print off my email transcripts, write a letter and send it out to more important, helpful people outside of the Codestorm House bubble that my complaints have been housed within over the last couple of months. My problem is though, who do I address them to? I toyed with the idea of just addressing them to Reggie, Iwata and Shibata and seeing how far I got. Anyone got any more sensible ideas?!

 

[Yagharek]

Consumer Affairs or equivalent

 

[Pociask]

Does the UK have the equivalent of what in the US is called magistrate or small claims court? You can sue a company, represent yourself, and not have to pay a lot in fees. Nintendo would probably not even bother showing up, and you could get a judgment ordering Nintendo to pay you compensation.

 

[Chopper]

Consumer Affairs or equivalent

I don't really have the time or money to go to small claims court. All I need is a sensible, helpful individual within Nintendo, who is not bound by a script, to recognize and appreciate my situation. An apology for being treated with so much contempt by this point would be quite nice too.

 

[Pociask]

I don't really have the time or money to go to small claims court. All I need is a sensible, helpful individual within Nintendo, who is not bound by a script, to recognize and appreciate my situation. An apology for being treated with so much contempt by this point would be quite nice too.

I don't know what it's like in the UK, but in the US, in less time than you've spent on customer service emails you could put together a small claims complaint, and for a nominal amount of money have it served on Nintendo UK. A court hearing would take a day.

You've given Nintendo many opportunities to appreciate your situation and potentially apologize. They've shown how much they care.

There's not enough money at stake to get a lawyer involved, but typically a lawyer would write a demand letter. So, before you go to small claims court, you could draft a letter saying you've attempted multiple times to get help from customer service, but they haven't helped. What you really want is an apology, etc., etc. However, because of the costs you've incurred, you feel forced to file a complaint in small claims court, a copy of which is attached [so you would draft the complaint, and then attach it]. Unless you receive a reply by [a date you set - long enough to give them time to respond, but short enough to make them feel pressure and let them know you're serious], you will be filing the complaint in [whatever the official name of Small Claims court is].

In the US, we have registered agents - people whose job it is to accept lawsuits. You'd send your letter to them, and then the head of public relations in Nintendo UK, the chief marketing person or whomever. Maybe the CEO or COO of Nintendo UK, too. I'm not familiar with their corporate structure. I am not giving you legal advice. I am not capable of giving legal advice in the UK.

 

[Mzo]

I hope this gets sorted out for you.

I've never had any problems with Nintendo's CS, but now that the warranty on my 3DS is over, I'm afraid to send my unit for repairs. R button doesn't work anymore

This has happened to every Nintendo handheld I've owned since the original GBA, which is every revision between then and the 3DS XL.

 

[ragincajun77]

I feel you man. I wrote this little blog last year and haven't touched a Nintendo product since:

It really, really saddens me to say so, but, yes, I am done with Nintendo. I have been a Nintendo fan all my life and have owned every single console and handheld manufactured by Nintendo except the GBA Micro and the VirtuaBoy. When the GameCube was sucking up the sales, this guy proudly stood by Nintendo. However, my attitude towards the Big N took a nosedive when I recently sent one of my 3 Nintendo 3DS in for repair (yes, I own 3 different Nintendo 3DS handhelds).

My 8 year old son has a flame red 3DS which "Santa" got him for Christmas. That makes it about 5 months old and well within the warranty period. A few weeks ago he pulled the AC adapter out of the 3DS only to find that the charging prong connected to the 3DS also fell out. I told him not to worry, that Nintendo Customer Service is top notch and that I would send it in for a repair. Then I received this email:

Thank you for sending your Nintendo product for repair.

Our repair technician has evaluated your system and determined that the cause of the problem is not covered by our warranty because it was not caused by a manufacturer's defect.

Sincerely,

Nintendo of America Inc. Consumer Service Department

I call Nintendo Customer Service and speak to a guy, tell him that I'm a lawyer who deals with warranties all the time and that this is crap. He hangs up on me. I call back and get a new guy and after 20 minutes of negotiating only got him to drop the price down to $50.00 plus shipping and tax. Now, lets take an analytical look at the problem:

Here is the AC adapter used for the 3DS and the Dsi:

Note the asymmetrical design of the AC adapter. It was designed that way for a reason. The only way it will fit into the 3DS charging connector is the right way. You can't plug it in upside down, sideways, or diagonally. It either goes in and out the correct way or it does not go in or out at all.

Exhibit B (the 3DS charging connector):

Again, the 3DS charging connector is designed asymmetrically so that the AC adapter can only go in or out one way: the right way. The AC adapter is supposed to fit snugly in the charging connector so that you cannot jerk it out left or right. I really don't understand what is so hard to understand about this.

Like I said earlier, it is not about the money. Nintendo games are great and I will continue to buy them. It is just a bit discouraging that they are shafting me on a valid warranty call. My current "Club Nintendo" point total for the year is 2590 points. That is without registering and obtaining the points for 2 of the 3 3DS consoles I have in my home. I mean come on, I think I have given Nintendo enough money this year and don't deserve to be fleeced on a part that you can buy off of Ebay for a mere 5 bucks.

So despite my better judgment, I held my nose and paid the $50.00 to have Nintendo replace a $5.00 part that should have been under warranty. After 2 weeks, I get the flame red 3DS back yesterday. The 3DS charging port is repaired but guess what? They forgot to include the SD card. Also, they included a form which was meant to explain to me why the repair was not covered under warranty. According to Nintendo, "Contamination underneath the touch screen caused the unit to lose power"! What the f*&#!! That is a God Damn Lie!! How the hell would contamination cause the charging port to fall out?

Some of you may ask why I am writing this topic. The internet gives the consumer a great deal of power. It is true that Nintendo would probably never feel the consequence of losing me as a consumer, but taking to the internet and posting my experience with Nintendo customer service might just cause them to reconsider shafting their consumers. Here is the email I sent them today:

Re: Nintendo Repair Order #8691756

I have been a lifelong Nintendo fan. In fact, I have bought every single Nintendo console and handheld save for the GBA Micro and the VirtuaBoy. Yes, when the GameCube was struggling who was right there next to you? This guy. There is no telling how much money I have spent on Nintendo products in the last year. I own 3 Nintendo 3DS consoles and have almost 3,000 Club Nintendo points this year (and only 1 of my Nintendo 3DS consoles is registered on Club Nintendo). I don't expect preferential treatment for this, but I do, at least, expect to be treated fairly.

Was I treated fairly with this above referenced repair order? No! My son's flame red 3DS, which was bought on Christmas Eve, developed a problem with the charging connector. When he pulled the AC adapter out of the 3DS the charging connector that was attached to the 3DS fell out. Seeing as the unit was only a few months old I told him not to worry, that Nintendo customer service is top notch and they would fix it for him. I was in for a surprise though when I got an email from Nintendo saying that the repair would not be covered. Really no explanation why except that, according to the customer service rep that I spoke to, most power related issues are not covered. So I held my nose and agreed to pay for something which I should not have had to pay. Think about it: the AC adapter and the charging connector on the 3DS are designed asymmetrically. It was designed that way for a reason. The only way it will fit into the 3DS charging connector is the right way. You can't plug it in upside down, sideways, or diagonally. It either goes in and out the correct way or it does not go in or out at all. The AC adapter is supposed to fit snugly in the charging connector so that you cannot jerk it out left or right. There is really no way that a person could improperly use the charger and negligently cause this issue.

What really amazed me was when I saw the official reason provided by Nintendo when I got my 3DS back. The form said that the reason it was not covered under warranty is that contamination was found underneath the touch screen and that this is why it would not power on. That is an absolute lie!! How would contamination cause the charging connector to fall off? Also, to add insult to injury, they failed to return my son's SD card!

Please look into this and forward it to the appropriate people. You have one pissed off and vocal consumer right here! I have already shared my experience here:

WTF Nintendo? When did your customer service turn to crap?

That thread has already received 1,785 views. Nintendo customer service used to be so good!! I know that the economy is tough and that Nintendo stock has plummeted, but don't try to make up for that by fleecing your longtime fans, that is just not right.

I know that I will probably not get my credit card refunded, even though that would be the right thing to do, but at least return my son's SD card.

Sincerely,

Clint*********

 

[EvilRedEye]

Nintendo's UK repair service damaged the speakers of my 3DS XL when I sent it in, then refused to fix it when I sent it back, saying there was no fault. I had to email customer services to get it sorted out and they ended up swapping my console with another unit. Thing is, they damage every console they send out because the polystyrene sheet they put in the console causes minor scratching to the screen. There's a reason XLs don't ship with stuff wedged in there.

 

[jwhit28]

Wow Nintendo UK are a pain. I had one of the Wii's that had trouble reading dual layer discs. I sent it in out of warranty, got a different Wii back, and my Virtual Console licenses switched all in a little over a week for free (USA).

Don't ease up!

 

[phisheep]

Wow Nintendo UK are a pain. I had one of the Wii's that had trouble reading dual layer discs. I sent it in out of warranty, got a different Wii back, and my Virtual Console licenses switched all in a little over a week for free (USA).

Don't ease up!

I did the same in the UK, so they're not all bad here. They quoted me for fixing the Wii, I sent it in and had it back, fixed, and free of charge in 6 days.

 

[Chopper]

In the US, we have registered agents - people whose job it is to accept lawsuits. You'd send your letter to them, and then the head of public relations in Nintendo UK, the chief marketing person or whomever. Maybe the CEO or COO of Nintendo UK, too. I'm not familiar with their corporate structure. I am not giving you legal advice. I am not capable of giving legal advice in the UK.

Does anyone have any idea what these peoples' names are? It's amazing how elusive some of the most important members of this particular ladder can be. Googling is little help.

I feel you man. I wrote this little blog last year and haven't touched a Nintendo product since:

Woah, that is quite alot like my situation. Did you ever get an adequate response?

Edit: It appears as though the Marketing and PR Director of Nintendo UK is a lady named Shelly Pearce. I think I might send Shelly a letter.

 

[ragincajun77]

Does anyone have any idea what these peoples' names are? It's amazing how elusive some of the most important members of this particular ladder can be. Googling is little help.


Woah, that is quite alot like my situation. Did you ever get an adequate response?

Edit: It appears as though the Marketing and PR Director of Nintendo UK is a lady named Shelly Pearce. I think I might send Shelly a letter.

Nope never. Like I said, I went out and bought a vita that day and never looked back. Good luck to you though. I hope it works out better for you than it did for me.

 

[Chopper]

Nope never. Like I said, I went out and bought a vita that day and never looked back. Good luck to you though. I hope it works out better for you than it did for me.

Ugh. Cheers. Just getting my head round where to send these letters is a ball-ache. Nintendo UK's PR and Marketing Director would be based in their Windsor office, right?

 

[doniewhalberg]

Interesting read, I feel for OP. Unfortunately, I think a lot of it breaks down when you agreed to pay they'll sit on that crutch til the day is long since you did that. Unless you are willing to go further, consumer rights/claims or what have you, they will continue to shrug and say you voluntarily paid for a fix. I appreciate you always planned to dispute the nature of the damage, but you should never have paid in that case. You'll need a bigger spotlight on the problem now than you have, go further.

Their biggest guff on their end is offering the goody bag: why offer free stuff to someone if you are totally vindicated inyour actions? You could say they just feel sorry for you, but surely you wouldn't feel sorry for someone that actively broke their 3DS then bitched at you forever? Something about that is a bit off.

 

[ragincajun77]

Interesting read, I feel for OP. Unfortunately, I think a lot of it breaks down when you agreed to pay they'll sit on that crutch til the day is long since you did that. Unless you are willing to go further, consumer rights/claims or what have you, they will continue to shrug and say you voluntarily paid for a fix. I appreciate you always planned to dispute the nature of the damage, but you should never have paid in that case. You'll need a bigger spotlight on the problem now than you have, go further.

Their biggest guff on their end is offering the goody bag: why offer free stuff to someone if you are totally vindicated inyour actions? You could say they just feel sorry for you, but surely you wouldn't feel sorry for someone that actively broke their 3DS then bitched at you forever? Something about that is a bit off.

Yeah, they offered me a goody bag as well. In fact, the whole thing was almost exactly what they did to OP. First the repair was going to cost $100. Then they reduced the price to $50. Then they threw in an extra year on the warranty. Funny thing is, I never even cared about the money. It was the principal of the whole thing. Had they simply come out and said "You know what, you were right. We are sorry." I would have been happy and never jumped ship on Nintendo.

 

[Chopper]

To this day, I am curious what that goody bag would have contained. He called it a "deluxe" goody bag, after all!

Anyway, I've just drafted this letter. Any feedback on it, before I commit to sending it, would be gratefully received.

Hidden in email tags for personal info.

 

[Alexios]

You probably shouldn't have paid and therefor accepted the diagnosis regardless of any e-mails if you hoped to get anywhere...

The deluxe goody bag might have contained some collectible you could sell for a decent sum on ebay perhaps...

You should have accepted it, without implying that in return you'll stop pursuing this of course...

 

[Chopper]

You probably shouldn't have paid and therefor accepted the diagnosis regardless of any e-mails if you hoped to get anywhere...

If I hadn't paid, I would still have a broken XL with faults that weren't a result of my actions. It would still be a faulty unit, and Nintendo CS would still be wrong. This is about more than just the money now.

The deluxe goody bag might have contained some collectible you could sell for a decent sum on ebay perhaps.

Yeah, or wall decals.

 

[Wilester]

To this day, I am curious what that goody bag would have contained. He called it a "deluxe" goody bag, after all!

Anyway, I've just drafted this letter. Any feedback on it, before I commit to sending it, would be gratefully received.

Hidden in email tags for personal info.

After reading that, If I were Shelly Pearce, I'd be arranging the return of your £77.50 and putting together an apology.

Good luck to you OP.

 

[ragincajun77]

If I hadn't paid, I would still have a broken XL with faults that weren't a result of my actions. It would still be a faulty unit, and Nintendo CS would still be wrong. This is about more than just the money now.


Yeah, or wall decals.

Paying for the repair should in no way effect your rights for legal recourse. Of course, as a practical matter it does effect whether the Big N is going to do anything at this time. I must have had around 5 lengthy phone conversations with people as I escalated my gripe and each time heard the same thing "Only in very rare situations do we ignore what our techs tell us." So if the repair tech says it is physical damage, the chances are very very slim that you are going to get the repair done for free.

What blows my mind is how far down Nintendo CS has come. When the original DS came out I bought one on day one. My first born son was about 6 months old at the time and I, unfortunately, left my big gray DS Phat in the bathroom. As he was getting ready for his bath he would always throw in his bath toys. Well, it just so happened that my DS was right there and got thrown in with the rest of his toys. My wife called me at work laughing about it (grrrr). So I called Nintendo CS and told them what happened. The guy said, "Don't worry about it man. We are going to get you setup in no time. Just go to the local FedEx and give them this number and ship it to us overnight."

Long story short, I had a brand new Phat DS from Nintendo with a note saying that a contaminant was found in the system but, as a courtesy, they replaced it free of charge. That was excellent PR for them because after that I told everybody I could find that would listen to me how awesome Nintendo customer service was. I probably spent twice what I would have spent on Nintendo products after that and would never think of getting a non-Nintendo system out of the deep loyalty I felt I owed them. That all changed when they made me bend over to you-know-what me in the bum.

 

[Alexios]

If I hadn't paid, I would still have a broken XL with faults that weren't a result of my actions. It would still be a faulty unit, and Nintendo CS would still be wrong. This is about more than just the money now.

But you'd have a broken XL able to be displayed as being in mint condition outside the regular use wear that was suffered etc...

 

[Jackano]

Catched up the thread.
The letter to the Nintendo UK directors is indeed what I will have advised you too. Don't forget to mention you're f**king Chopper from NeoGAF! And the pic of your DS/3DS shelve you posted earlier! And said you have something like 25M points at Zen Pinball 2/plants vs Zombies so they will understand you've balls.

If they can't do something for 70£, then we will at least have the news that Nintendo is doomed to bankrupcy.

 

[Pociask]

Attached are the transcripts of the various emails between myself and some members of the team in Portsmouth. Please read them carefully in order to understand the nature of my plight. To be honest, after months of trying to get a satisfactory result from customer services, and relaying my situation to many other people in order to seek advice and support, I am tired of telling the story. [B]I would not lead with this - maybe just put a note toward the end that you've attached transcripts of your conversations. If this person is going to read this letter, chances are they're not going to look at the transcripts - you need to let your letter tell the story, and not rely on references to other documents[/B]

Essentially, my 3DS XL suffered faults through normal usage. For your information, this is a fact. It is clear that the unit was faulty, as no possible physical damage could have been caused by myself. I am a careful, discerning gaming enthusiast, with a passion for Nintendo games in particular, since the late eighties. If the console is not in my hands, it is in its protective case. Safe from drops, knocks and scuffs at all times. [B]This paragraph is very defensive and almost combative - I would cut the second and third sentences, and change the first sentence to "Essentially, my 3DS XL was defective.[/B]

I made the customer services team aware of the faults, and they were happy to accept my console for diagnosis and repair. As you can see from the transcripts, I was assured repeatedly that an "expert technician" was able to "diagnose" two counts of "physical damage". I was led to believe that it was this supposed "physical damage" that had caused my faults to occur, a notion I objected to vehemently. Further correspondence with Owen in fact revealed that the faults that were "diagnosed" were the faults I reported in the first place! [B]The end of this paragraph would be a good place to say you've attached the transcripts.[/B]

No diagnosis by experts had been carried out. The faults were clear to anyone who were to hold the unit. There was no evidence that I damaged the unit myself. It had simply been labelled arbitrarily, according to vague, inconsistent warranty "guidelines" with no consideration for the truth. [B]I would delete this entire paragraph, I don't think it adds anything[/B]

To be clear, these faults occurred during normal usage, and are in no way a result of my own actions.

The above proclamation has been continually ignored, with customer services insisting that the type of damage caused is not covered by warranty. However, I would continue to argue that the system was in fact faulty. Furthermore, it infuriates me that a shop could have replaced my faulty unit with no hassle, but it is your own antiquated download policies that prevented me from being able to take that path. Returning the console to the shop would result in the loss of the many eShop games I had downloaded onto my launch console, which I transferred to the XL almost immediately upon purchase. [B]I hear you on the anger, but I don't think this is the place. Maybe something like "Normally, I would simply exchange my 3DS at the retail store I purchased it, for a non-defective version. However, returning the console... [and then continuing with what you had] [/B]

I turned to Nintendo for help, and instead I got treated with contempt. I went ignored for a number of weeks and had to implement a public Twitter campaign in an attempt to gain some attention. Indeed, as a vocal member of a very popular gaming forum, I started a thread in order to ask for advice and to communicate my experiences, which to date has received 26,000 views.

I appreciate that the contentious issue on your part is the fact that I paid the bill in the first place. Believe me when I say, I did not do this willingly. Instead, I was very keen to get my console back in time for Christmas, and the idea of having a broken unit was extremely disheartening, especially considering the fact that I was not responsible. I argued with the gentleman who informed me of the charge, but again, due to a lack of information, flexibility and common sense, I was unable to get anywhere with him. My intention was to get my console back safely and argue my case afterwards. If I had known that customer services management in Portsmouth was so poor, I certainly would not have bothered. [B]I would delete this entire paragraph - you're probably the first person telling the person this story, they don't know the background, bringing it up just confuses the story for now. If you need to, you could add a sentence to the being unable to return, and just say something like "Customer service refused to fix the defective unit unless I paid, which I only did so I could have my console returned." [/B]

"Customer service" is a very complimentary description of what I have received from that team. In truth, I have received no "service" from the team whatsoever. Instead I have repeatedly been fed lines by people who are clearly unable to understand the truth or appreciate my loyalty as a Nintendo customer. At no point have I felt as though my side of the story, or the points I make are even being slightly acknowledged. The responses I received might as well have been automated. This was particularly concerning when my claims to Owen that in small claims court it would be Nintendo who would have to prove that the damage was caused by myself (something that I know to be impossible), went completely ignored.

Time and money are luxuries that I simply do not have to spare in order to go to small claims court. I am, after all, spending an awful lot of energy chasing up an unjustified payment of just £77.50. [B]Don't say this. This is a bright blinking sign that they can safely ignore you. You could say something more like, "I do not wish to pursue this matter in small claims court, as I have already spent an awful lot of energy..."[/B]

My preferred resolution would simply be an acknowledgement that my case was exceptional and that my unit was faulty. At this time, after the contempt I have suffered, I feel an apology would be appropriate too. I have never been "ignored" by any customer services team in my life before. It is an infuriating experience that I certainly do not expect from a company like Nintendo. A company I previously assumed to be approachable and reasonable.

I really do not wish to continue my correspondence with NoA or NCL, but if necessary, I shall. [B]delete this sentence[/B] I appreciate that the loss of one customer is not going to ruin Nintendo, but it is upsetting to me that my relationship with this company, that I used to love, would end under such cynical, stupid circumstances, but I fear it might. I am grateful to be able to air my grievances outside of the Codestorm bubble (I get the feeling Iwata-san would be less than impressed with their attitude!), and look forward to hearing anything you have to say regarding the matter.


Edits in email tag, hope it makes sense.

 

[phisheep]

To this day, I am curious what that goody bag would have contained. He called it a "deluxe" goody bag, after all!

Anyway, I've just drafted this letter. Any feedback on it, before I commit to sending it, would be gratefully received.

Hidden in email tags for personal info.

It's too long. Needs editing down, needs things that look like threats taking out. Stick with the disappointment bit, stick with the contempt and the facts, maybe mention that Nintendo has an excellent reputation for customer service and you feel very let down and so should she. Maybe mention also that your first draft sounded a lot angrier but you've been advised to tone it down and let the facts speak for themselves (makes you come across reasonable).