[Wobbly Goblin]

I just thought I'd post this for anyone that finds themselves going down the same road I ended up on.

The following is a copy of the complaint I filed with The Better Business Bureau.

Complaint Filed on 11-27-06:
I purchased a brand new Xbox 360 game console a few weeks after launch (1-2006). Unfortunately it was defective and had to be sent back to Microsoft for repairs a short time later. When the replacement arrived, it had some kind of network issue and was therefore unable to connect to Microsoft's own gaming network (Xbox live). This was a known problem that affected a large number of Microsoft customers. That console had to be sent back the same day it arrived. The third system seemed to be working perfectly, then suddenly the video locked up and the area around the on/off switch displayed 3 red lights. That console was sent back to Microsoft in May 2006. The forth console, which is currently in my home, has some kind of disk drive problem. I first noticed the problem several weeks ago, but had hoped it would somehow resolve itself. Unfortunately that never happened and it's now almost unplayable. That being the case, I called Microsoft's help line on 11-20-06. The Microsoft representative at (1-800-4MY-XBOX) had me clear the "cache", which seemed to help for a short time. He also told me that my consoles warranty had expired on 11-11-06, but said that Microsoft would fix it anyway if need be. After dealing with system lock-ups for a couple more days, I called Microsoft back on 11-22-06. The Microsoft representative at (1-800-4MY-XBOX) told me that since my console was no longer under warranty, it was going to cost me $139.90 to have it repaired. He went on to say that because of the number of problems I had, he'd cut 50% off the price, bring my cost to $69.95. He also said that amount had to be paid up front. I reluctantly agreed and I'm currently waiting for Microsoft to send me another shipping box. All that said, it's important to note that my current console was manufactured on 1-6-06. This date is significant because it's a known fact that Xbox 360 game consoles manufactured around that time had a number of defective issues. Give all of the above information; it's outrageous for Microsoft to be charging me for repairs to a system with known defects. It's also important to note that Microsoft mistakenly banned my console from Xbox live on 11-11-06. This ban only lasted a few hours, but involved thousand of other Microsoft customs. I called Microsoft's help line to find out why my console had been banned and was given the following response. "The machine has been banned for violations of the terms of use. Microsoft does not provide details surrounding machine banning in order to protect the xbox live service and it's members. There is no recourse for violations of the terms of use." That said, I never violated anything and Microsoft knew it. However instead of just admitting their mistake, they accused me of modifying my Xbox 360 and told me that I'd need to purchase a new one if I wanted to play on their gaming network (Xbox live).

Desired Resolution:
I want Microsoft to send me a "brand new" replacement XBox 360 game console, not another refurbished one. I also want my $69.95 refunded and an apology for mistakenly banning my console and falsely accusing me of violating their terms of use. This is my latest Microsoft repair order reference number --> "1024269713", and this is my xbox live gamer tag --> "Wobbly Goblin".

Thank you

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Microsoft's Response 1-17-07:
17 January 2007

RE: Your complaint to the Better Business Bureau

Case Number: 22097236

Dear Nick,

A copy of your report filed with the Better Business Bureau of Oregon & Western Washington regarding your Xbox Video Game System has been forwarded to Microsoft.

Our records show that you spoke with an Xbox Customer Representative on 01/11/07. We understand your request for a new Xbox console replacement has been approved. We will need you to ship your old console to us so that we can replace it with a new console. A shipping box is currently on its way to you. This issue is now resolved. Unless you have any further concerns, we will consider this matter closed.

Thank you for your continued support of Microsoft Xbox gaming platform.

If you have any further concerns regarding this issue, please contact 1-800-4MY-XBOX and use ticket number: 1024870473.

Sincerely,

Khoa Nguyen
Xbox Customer Support
Microsoft Corporation

cc: Better Business Bureau of Oregon and Western Washington

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My Response 2-6-07:
Update: February 6th, 2007. Shortly after filing this complaint Microsoft sent me another refurbished console. This console was manufactured on July 29th, 2006 - Serial # 610606263006. Not long after that, on December 24th, 2006 I received a phone call from Microsoft stating that they were working on getting an approval to send me a "Brand New" replacement console. I was also told that Microsoft was going to refund the money I was charged for repairs ($69.95). Over the next couple of weeks Microsoft touched base with me to additional times. During our last conversation I was told that I had been approved for a brand new console. A few days later I received a shipping box to return the console mentioned above. That console was returned to Microsoft on January 25th, 2007. I received the replacement console today (February 6th, 2007). This was supposed to be a brand new console, however Microsoft sent me another refurbished one. The manufactured date is June 19th, 2006 - Serial # 304252562505. As you can clearly see, this console is older then the one I returned. It's also important to note that Microsoft still has not refunded any of my money.

Thank you.

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My Rebuttal 3-13-07:
BBB Complaint Case#22097236(Ref#14-501264-22097236-8-1025)

Recap:
This complaint was originally filed near the end of 2006. At that time Microsoft agreed to replace my "refurbished" xbox 360 console with a "brand new" console and refund the money they charged me for repairs. At that point they contacted the BBB and reported my complaint to be satisfied...that was completely untrue, as I had not yet received a console or a refund.

Update: March 13,th, 2007
Microsoft still has not made good on any of their promises. I've been in constant contact with a Microsoft customer service representative named "Elda". Elda has assured me many times that because of all the problems I've had to deal with, my "brand new" console would be shipped to me by over-night mail. Wishing to expedite the process, I paid UPS $64.45 to over-night my old console to Microsoft ( Tracking # 1Z970X231321586878 ). Microsoft received that console at 10:10 AM on Wednesday 3-7-07, however as of right now 10:00 AM Tuesday 3-13-07, my new console has not yet been shipped. I called Microsoft yesterday 3-12-07 and was given this tracking number "1Z05W3583909402166". According to UPS, my console is being shipped by 3 day select mail...not over-night as promised. Therefore the money I paid to expedite my end of the process was all for not.

I've spoken with Elda twice today 3-13-07. I asked her to please call the shipping and receiving department to make sure the console they were shipping was in fact "brand new" this time. I don't think this is an unreasonable request based on the number of mistakes they've all ready made. Given the fact that my console has not yet been shipped, she could possibly prevent another costly mistake. Unfortunately Elda told me the only way she had to contact shipping and receiving was email, and therefore could not call them for me. She also verified the shipping mistake they made, but said there was nothing she could do about it.

All that said, Microsoft still has not fulfilled their legal obligation to replace my console and refund my money. On top of that, I'm out an additional $64.45 in shipping cost (my fault for trusting them). That being the case, I urge you to contact "Elda" at the following number.

1-888-236-0927 then (1029900477) then extension 7040 #

Thank you

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Microsoft's Response 3-20-07

RE: Your complaint to the Better Business Bureau

Case Number: 22097236

Dear Nick,

This letter is in response to the email you sent to Microsoft Corporation through the Better Business Bureau of Oregon and Western Washington regarding problems you described in the function of your Xbox video game system.

Our records show that you indicated you are seeking legal counsel regarding your issue with the Xbox Console. We are under advisement that there can be no further communication on this case while there is a pending legal action.

We will consider this matter closed.

Going forward, your legal counsel should contact us at:

Microsoft Legal Department
One Microsoft Way
Redmond, WA 98052

Sincerely,

Khoa Nguyen
Xbox Customer Support
Microsoft Corporation

cc: Better Business Bureau of Oregon and Western Washington

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My Response 3-21-07:
(The consumer indicated he/she DID NOT accept the response from the business.)
"THERE IS NO PENDING LEGAL ACTION"
I have absolutely no idea what they are talking about. I simply told "Helena" after they failed for the second time in a row to make good on their promise to replace my refurbished console with a brand new one that I would look into pursuing legal action if they continued sending me previously owned consoles. At that point "Helena" asked me if I would like the contact information to their legal department, but I said no! Please just send me the brand new console I was promised so I never have to deal with this situation again. "THERE IS NO PENDING LEGAL ACTION"

This is nothing more the Microsoft strong arming their way out of this obligation.
"THERE IS NO PENDING LEGAL ACTION"

Please do not allow Microsoft to close this case until it has been resolved as promised.
"THERE IS NO PENDING LEGAL ACTION"

Thank you

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My Response 4-2-07:
Please note: I spoke with Microsoft customer service representative "Chris" on Thursday 3-29-07. Chris assured me that I'd be receiving a brand new console this time around. He also told me they could not provide the over-night shipping that I was previously promised. Hoping to finally put this nightmare behind me, I agreed and shipped my Xbox 360 console (Serial # 625557561605 / Manufactured date: 9-5-06) back to Microsoft this morning - Monday 4-2-07. UPS tracking # "1Z05W3588976029636". I also wrote my BBB case # on the outside of the box so there could be no further mistakes.

Thank you

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My Response 4-3-07:
Additional information (4-3-07). I just received my refund check from Microsoft for $69.95, so that portion of my complaint is now satisfied.

Thank you

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My Response 4-23-07:
Can someone please tell me what's going on with this? "Chris" from Microsoft called me on 4-17-07 and I told him that my 360 wasn't working. He told me that he was going to check something and call me back in about 1 hour, but he never did. At this point the refurbished 360 they sent me is currently working, but does lockup occasionally (three red lights)

Thank you

[youtubevideo]http://www.youtube.com/watch?v=G57V4E_KofE[/youtubevideo]

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My Response 4-24-07:
I sent my "refurbished" Xbox 360 back to Microsoft today (4-24-07). UPS Tracking # 1Z05W3588977783015 I've attached a photo of the box to this email. As you can see it's clearly marked, as was the last one. My hope is that someone from the BBB will contact Microsoft and follow the status of this one. Maybe then I'll finally get the "Brand New" console that I was promised.

Thank you

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My Response 5-3-07:
Microsoft sent me another "refurbished" xbox 360 today. (Serial #"089234263607" Manufactured date "9-7-2006"). This console has obviously been previously owned, as there are a number of scratches on the back panel. There is also nothing in the box to indicate that it's a brand new console. That being the case, I called 1-800-4-MY-XBOX and spoke with "Romina". She in turn verified that this console is in fact refurbished. At that point Romina connected me with her supervisor "name?" Her supervisor told me that she would contact "Chris" and gave me the following reference number "1032512321".

Thank you

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My Response 5-25-07:
I just spoke with Microsoft customer service representative "Helena". She told me that she would look into resolving my complaint and that I should hear back from them within the next couple of days.

Thank you

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My Response 5-30-07:
My "Brand New" xbox 360 console just arrived and works perfectly (5-30-07). Microsoft over-nighted it to me along with a shipping label to return my old console. This case is now satisfied.

Thanks for all your help!

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This is photo of my return boxes (coffins) as of 4-12-07. There are actually 2 or 3 additional boxes not shown.