What do I do now? Is this fair? (Microsoft)

[marker227]

I'm in NJ and I had a suit again Microsoft...

Basically here's what happened....


I sent in an HDMI Xbox 360 for repair and got a NON HDMI Xbox 360 back...

Anyway I sued for $200 because it got to the point where they refused to help me and I won my case since they didn't show in court...

I got a phone call from the legal department and they offered me this...

"How about we swap out the console you got for an HDMI unit. You can also have a one year Xbox Live subscription on us since you wasted your 3 month one because of this".

I told him I wanted compensation for the time I wasted and wanted the money I won in court as well as my original repair to be fixed...

The Legal Rep told me that I can either have the $200 or the console with Xbox Live.... Not both.



My question is am I asking for too much? I want my original repair to be fixed and I want the legal judgement ($200 dollars). That means I get my console and the money.

The Legal Rep told me that what I was asking for was exceeding what I am entitled to.... I don't view it that way. I'm entitled to have my repair fixed correctly as well as the money I legally won in a court.

This WHOLE issue from start to now is well over 100 days old...


What do you guys think?

 

[sandyclaus]

I'm in NJ and I had a suit again Microsoft...

Basically here's what happened....


I sent in an HDMI Xbox 360 for repair and got a NON HDMI Xbox 360 back...

Anyway I sued for $200 because it got to the point where they refused to help me and I won my case since they didn't show in court...

I got a phone call from the legal department and they offered me this...

"How about we swap out the console you got for an HDMI unit. You can also have a one year Xbox Live subscription on us since you wasted your 3 month one because of this".

I told him I wanted compensation for the time I wasted and wanted the money I won in court as well as my original repair to be fixed...

The Legal Rep told me that I can either have the $200 or the console with Xbox Live.... Not both.



My question is am I asking for too much? I want my original repair to be fixed and I want the legal judgement ($200 dollars). That means I get my console and the money.

The Legal Rep told me that what I was asking for was exceeding what I am entitled to.... I don't view it that way. I'm entitled to have my repair fixed correctly as well as the money I legally won in a court.

This WHOLE issue from start to now is well over 100 days old...


What do you guys think?

Yes, I think you are asking for too much. Had you gotten the HDMI unit back, you wouldn't have sued and won the $200. The $200 is supposed to reimburse you for your damages for the wrong that was done. If you demand both the $200 AND the HDMI unit, you are being unjustly enriched.

Take what the company is offering and write off the $200. After all, they are giving you what you were supposed to have gotten in the first place, right? And they are giving you the 1-yr Xbox Live subscription as a bonus to replace the 3 months not used (a bonus of 9 additional months for free) which should make up for the additional inconvenience.

The Legal Rep is right, you are NOT entitled to have it all.

 

[justalayman]

Yes, you are asking for too much.

You won in court. You are entitled to what was won in court, nothing else. It would appear they are offering more than what was awarded yet you feel the desire to attempt to demand more.

I would suggest you take the best deal offered. If you want to argue the point, the only legal demand you have is what was won in court. Now, since this was a civil suit, any award must be collected by the actions of the prevailing party. If you are not aware of what that means; you have to take any actions available to you to collect should the losing party decide they do not want to pay the award. You are fighting Microsoft. They could simply refuse to pay the order and make you spend much more in time and money in an attempt to collect the order that what you have already won.

That means I get my console and the money.

The Legal Rep told me that what I was asking for was exceeding what I am entitled to.... I don't view it that way. I'm entitled to have my repair fixed correctly as well as the money I legally won in a court.

Plain and simple; You are wrong.

You are due what the courts said you are due, nothing else. You do not get the money AND the machine. You get what your damages are and that would be the money OR the machine.

You chose or you will lose this fight.

 

[marker227]

I thought it didn't matter what the court ruled. Since the Legal Department contacted me, we can come to a settlement of some kind (with or without the money I won from court).

I just feel very frustrated that I wasted over 100+ days and was constantly ignored. And to have them offer to send me back my original console (which I was entitled to in the first place) after 100+ days and going to court is absurd. This should have been taken care of the first 2 weeks it happened.

I understand what you have posted though. To me, it just feels like I did so much just to get what I originally sent in and I'm not getting any compensation for my time that they wasted.

I sued for the value of my console... If they give me the money they walk away without even fixing my repair. If I take the console they are offering me they end up walking away without paying up, even though I legally won it.

I know what you're saying though. The money is FOR the the console and thats why I have to pick either or... I'm still saying that I wasted all this time and they should be doing a little bit more (not a lot more honestly). I'm not saying I absolutely want money. I just want to feel like they should go the extra step to take care of me. Right now it feels like they are giving me the bare minimum. It honestly would be kind of nice if they let me keep the current console and sent me another refurb, but HD console. We'll see how it goes....



That's how I feel....


sandyclaus -

Why would you take the money and write it off? I don't even know if I could get an HDMI console for that price. The judgment was for $230 and change.


Thanks!

 

[Antigone*]

I thought it didn't matter what the court ruled. Since the Legal Department contacted me, we can come to a settlement of some kind (with or without the money I won from court).

I just feel very frustrated that I wasted over 100+ days and was constantly ignored. And to have them offer to send me back my original console (which I was entitled to in the first place) after 100+ days and going to court is absurd. This should have been taken care of the first 2 weeks it happened.

I understand what you have posted though. To me, it just feels like I did so much just to get what I originally sent in and I'm not getting any compensation for my time that they wasted.

I sued for the value of my console... If they give me the money they walk away without even fixing my repair. If I take the console they are offering me they end up walking away without paying up, even though I legally won it.

I know what you're saying though. The money is FOR the the console and thats why I have to pick either or... I'm still saying that I wasted all this time and they should be doing a little bit more (not a lot more honestly). I'm not saying I absolutely want money. I just want to feel like they should go the extra step to take care of me. Right now it feels like they are giving me the bare minimum. It honestly would be kind of nice if they let me keep the current console and sent me another refurb, but HD console. We'll see how it goes....



That's how I feel....


sandyclaus -

Why would you take the money and write it off? I don't even know if I could get an HDMI console for that price. The judgment was for $230 and change.


Thanks!

If the judgement is for $230, then just thank the legal dept for their generous offer and collect the 230. Microsoft owes you only that, nothing more, nothing less.