I have found the thief and its name is kitty
Microsoft hasn’t returned Tiffany’s XBox 360 for four months because they think she is a thief, even though she has her original receipt and a credit card statement proving that she is the console’s rightful owner. Microsoft repaired the XBox back in January and tried to return it via FedEx, but a shipping snafu landed the box back at Microsoft’s service center. Tiffany has called repeatedly. She even sent a letter to Microsoft’s legal department, after sending her receipt and statement, asking how else she could prove ownership. That was 22 days ago. She has yet to receive a response.
Tiffany writes:
I’m writing to you in hopes (just like Dustin at the military base, but possibly a little more desperate) that some day in the near future I can get my Xbox360 back.I sent it to Microsoft to fix on January 5, 2008 and shipped it back to me on February 2, 2008; however, FedEx shipped it to my home address and I unfortunately couldn’t sign for it because I was stuck at work. I requested that FedEx change the delivery address to my work address, but they said they couldn’t without Microsoft’s permission. I asked FedEx to hold it at the shipping center but it accidentally got returned to Microsoft’s service center.
At that point, Microsoft had done no wrong, but this is where it starts to get frustratingly nightmarish. I contacted Microsoft who assured me that they would send the package back, this time to my work address where the package could be signed for during normal work hours; however, somewhere along the line, Microsoft decided I had stolen the Xbox from the original owner since it was suspicious that I was “opening two repair orders” in such a short time. Countless (I lost track after 10ish) phone calls were made to Microsoft customer support about my case in a fruitless battle to get them to send me my console back, but they kept dancing around the reason(s) they were refusing to send it back to me. Eventually, a customer service representative admitted that all along they were unauthorized and had no means to actually help me, so all the times they claimed a supervisor assigned to my case would contact me about my case were lies. They eventually coughed up an address to the Microsoft Legal Department and said if I sent a letter their way, they would help me out. She hinted that the reason corporate had put a hold on my console may be because they didn’t believe I was the original owner, despite the fact that I sent them a copy of my receipt and credit card statement as bona fide proof of purchase.
My coworker had suffered similar bad luck with his console repair and also had to write the legal department several letters before finally receiving his console back, so I felt like I finally had a chance to get my missing console returned to me. I sent a letter to the Microsoft Legal Department and CC’d a copy to the Vice President of Consumer Affairs at Microsoft 22 days ago begging for at least a response to my letter. Thus far, my e-mail inbox has remained vacant and my phone has not rung with news from Microsoft.
At this point, I’m quite at the end of my line and know that contacting customer support would just wring what little humanity I have left out of my soul. I noticed last week you posted about Dustin’s grief with Microsoft not sending him a box to ship his Xbox in for repairs and also provided some links to file a small claim and contact my attorney general. I’m wondering if you can assist me further in any way, or know of someone who can since you’ve mentioned that multitudes of people of submitted similar complaints. Being completely left in the dark as to why they won’t send my Xbox back to me after four months is making me more than a little crazy.
Thanks,
Tiffany
Looks like Alberto Gonzalez got a job with Microsoft. Your XBox may be transfered to Gitmo until it provides irrefutable proof of its owner’s true identity. Efforts to identify you will result in an extended and unchallengable sentence.
You can try going even higher, straight to the top, and emailing big billg@microsoft.com, but reason apparently has no home at Microsoft.
Our advice to reader Dustin, who, after three months, still hadn’t received a shipping box, was to speak with his credit card company, consider small claims court, and to launch the mighty Executive Email Carpet Bomb. Tiffany wants even more, a customer service weapon so powerful, so effective, that it hides beyond our conception. For that, we’re going to turn this one over to you, our beloved and infallible Consumerists. Tiffany has reasoned, waited, begged, all without results. What should she do next?
PREVIOUSLY: It’s Been 3 Months And 12 Days Since My XBOX Broke And Microsoft Still Won’t Send Me A Box
(Photo: Jake of 8bitjoystick.com)
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ahhhhhh hahahahahha
she got screwed over…
WOUNDED!
microsoft never ceases to amaze me!
I hope the kitty, if convicted, gets a fair sentence.
One of the things I hate the most is a criminal feline but you know, sometimes they cant help it <3
After 2 months I would of bought a arcade 360 & figured it out later.
I don’t understand how this even happens.
There are a couple of extreme things you can do. Contact the Police for one but since it across state lines the FBI may have to get involved. Because if the person had proff it is there’s. Microsoft is in the wrong and legally it can be considered theft on their part because the console is not theirs.
Since Microsoft is considered a entity you can name it as the culprit. I did something simular to a shady loan company but in small claims court I name the company as the defendent and a few months latter I was few of their “loan”.
Here’s the URL for the Ministry of Complaints for Washington, the home of Microsoft. They look in to everything eventually.
[atg.wa.gov]
Chargeback on your credit card. The credit card company will give you your money back, and you will either get your XBOX or keep your money.
I suppose when your card company takes back the money and demands to speak with them they will realize you obviously bought it.
Sue them in small claims court and you will win with no questions asked. Microsoft will call you to settle the night before the court date.
Sue them for:
A) the full cost of the system at the time you purchased it.
B) any repair fee you paid microsoft
C) any shipping fee you paid
D) any time lost on Xbox live
E) pain and suffering for time lost because of this
If it were me, I would sue for something in the $2500 range.
You’ll win. Stop wasting your time trying to talk to them like they are adults. A lawsuit will get their attention quickly.
Just do a Google search for “your county small claims court” and you’ll find out all you need to know.
Buying a 360 Arcade in the meantime is no good. They’ll screw you on any DLC content you have since you won’t be able to move it over. (Contrary to some reports, there’s only specific situations where they’ll do it.. ). And given the choice right now I wouldn’t want to give MS more money at this point anyways. If I didn’t have such a big game library for the 360 I’d have switched to PS3 as well, but its not always an option.
I was just checking to see if Microsoft is registered in New York (for various reasons it’s difficult or impossible to sue a fully out-of-state corporation in small claims court). As I thought, they are registered as a foreign corporation; they are probably so registered in almost every state.
Their CEO, however, is apparently “Steve Ballmar”
DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)
CORPORATION SERVICE COMPANY
80 STATE ST
ALBANY, NEW YORK, 12207-2543
Chairman or Chief Executive Officer
STEVEN A BALLMAR
1 MICROSOFT WAY
REDMOND, WASHINGTON, 98052-6399
[appsext8.dos.state.ny.us]
@richcreamerybutter: FedEx is perfectly capable of doing address changes but I think the shipper has to do it. Or was that UPS? I forget. It’s been a while since I’ve had to do anything like that.
Honestly, I think the best course of action would be to launch an EECB and give that a week. Failing that, write your AG and the AG in Washington State. After a week of waiting on that, take them to small claims for the price of the unit, the accessories and the games you purchased for the console.
She has proof of purchase (two forms!) and I’m sure she printed out tracking info from FedEx that shows it was delivered to her home address and couldn’t be signed for. She can prove she works at the 2nd address she gave them for delivery. It would pretty much be open-and-shut.
Good luck, Tiffany.
@laserjobs: If you own any good games that can be punishable by death.
Mine broke half way through BioShock.
People. Stop telling her to contact the police. The police have actual crimes to worry about. This isn’t theft unless someone at Microsoft intended to wrongfully deprive her of her property.
It is a customer service issue and there is likely a civil cause of action. This is not a crime.
I know that customer service reps aren’t supposed to claim “Yeah we’re up to our knees in incompetence over here!” but if I was handling this ladies claim I would have given her the CEO’s name, address, and email and basically apologized for all the stupid people the company employs.
//I’m gonna hate when my 360 breaks.
MS had better compensate her for EVERY DAY she has had to go without her 360.
A new Elite setup with her choice of 6 brand new games sounds fair to me.FREE OF CHARGE AND SENT OUT IMMEDIATELY to the young lady.
You know, when my 360 was sent back from repair after a RRoD it said it required signature but the FedEx guy forged my own signature and left it sitting in front of our home. You know, it’s a weird feeling to be tracking a package online, see it arrive at your home while you are at work and then see your signature show up on the tracking information when you haven’t seen the box, FedEx guy or anything. Kind of hacked me up.
Microsoft doesn’t care!!
MS should send her a new 360 with the latest chipset, two years of free live, and a free 720 whenever that comes out. They’re the kind of company that would do that kind of thing when they made a mistake. I mean they botched a lot of stuff (RROD, DRM, etc) but they always make it up one way or another. Sony and Nintendo don’t respond the same way.
Seriously, file a suit in small claims court. Find Microsoft’s agent for service of process in your state (maybe at the sec. of state’s web page), and serve your complaint to them there. Also serve a copy to their legal department.
If they don’t show, request a default judgment (be sure to ask for any fee you can reasonably imagine, including repair costs, sales tax, stamps, shipping, etc.).
With your default judgment, go see an attorney. He will sue to compel compliance and collect his attorney’s fees and costs from Microsoft.
I would have file suit the minute they told me to contact legal.
@Adam In Texas: You should have filed a police report, signing someone’s name is a felony, it’s called forgery.
@Zakuen:
Good point. After my 2nd 360 died it took 6 months for them to reset my permissions. But hey that only matters is you are not going to be connected. I’m always conncected.
Reason #1283723 why getting a gaming computer is just better than a 360.
She might want to file a police report, just as a matter of procedure.
Small claims court! Conversion is the first cause of action that comes to mind, but there are others. Check your state’s case law, becase you may be able to recoup punitive damages if you can prove conversion, especially if you make them cough up through discovery all of the other similar complaints.
However, check the small print regarding the terms and conditions applicable to the repair. You may only have the right to arbitrate any claim.
Remember, Peter Moore stated that the hardware failure rate for the 360 was well within the industry standard. LOL.
Now that lying crook pos is at EA where he belongs; with the rest of the lying crooks.
Before you go off trying to sue MicroSoft in small claims court, they have to have an address in the jurisdiction of the Small Claim court. Which means you would have to take a trip to their corportate offices in Washington state. Call you Small Claims Court Clerk…. Just my 2 cents…..
@davedionne: IANAL but I think you are completely wrong on this. At least in CA, you can sue in Small Claims Court if *any of* yourself, the person/company you are suing, or the place the offence took place are within the jurisdiction of the court in question. I know because I’ve done it.
Moral: don’t get your legal advice from prison house lawyers or random blog comment posters (including me).
I haven’t been with MS support (OS division) for over a year now, but assuming nothing has changed Steve Ballmer’s office address was steveb@microsoft.com. We would occasionally get kudos from him when someone helped out someone important. Not sure if his address was in the consumerist EECB list of not. Send him a message – keep it as short as possible – and hopefully you’ll hear something from his office.
Small claims court. Takes a bit of time, but once you have a judgment (which will happen cause they won’t show) you should get it back.
I call BS. There’s something left out of this story. Like a boyfriend who might have reported it stolen with the claim that it was his.
Everyone is always quick to blame MS. Why don’t you get their side of the story before you slam them.
@Ess: Taking someone’s property and not returning it is indeed theft and yes, it is a crime. Try stealing an xbox from the local electronics store and see how fast you get thrown in jail.
Figures.
@The Brain: You sure seem to have a thing for Microsoft. Ever other comment you make seems to be standing up for them.
Welp, you get what you pay for.
I did my 3 months of RLD Hell. They kept sending me a broken 360. Till eventually they sent me a working 360. So I feel for ya. I know what you’re going through.
And see THIS is why the extra $40 for the Best Buy Warranty is WELL WORTH the cost…. It breaks, I drop it off and leave the store with a new one. Much easier than this crap.
Contact your local State Attorney General’s office and file a claim through them explaining the situation and your proof of purchase. I just had a similar nightmare situation with Beast Buy and I got my HDTV replaced (they wouldn’t repair it because the parts were more expensive than the unit but they wouldn’t “believe” it was mine either so kept it).
A quick call from the AG along with video proof I supplied to them and the AG made them replace my HDTV real quick.
@giovonti:
So that means you play your PS3 alot then, lol!
It’s not theft (which requires a nefarious intent), it’s conversion. This is both a civil and criminal matter, but it’s much easier to take the civil approach. Also, if I recall, the person you’re suing in small claims court doesn’t have to have a physical address in the jurisdiction of the court, they just have to do business in the jurisdiction.
@GearheadGeek: I just had my laptop in to my local computer geek for a minor repair. I asked him about taking off Vista and putting on XP. He laughed and told me that it currently was 50% of his business.
Here is a quick fix, GET A PS3.
Same thing is with my friend he hasn’t seen his 360 in 3 months but I able send mine off and got it back in less than 2 weeks.
“Get a PS3″ is not an answer, people. You’re also not clever or insightful for saying that.
NEVER NEVER NEVER buy an XBox 360 or anything else from Microsoft. The console should not have broke in the first place. Microsoft has so many broken console being shipped to stores, returned from stores, shipped to customers and returned from customers over and over and over and over again it is no wonder that this kind of crap keeps happening. They obviously don’t care. Be smart. Keep your money or buy a Wii or PS3.
Come on guys, give Microsoft a break. Maybe they’re just trying to find one that actually works?
Actually, “Get a PS3″ is an answer – when a product has an abysmal return rate, and the company that produces it shows so little concern for the welfare of their customers – the ones that their product failed, no less – going with a competitor instead is not only a good answer, but the right answer. Continuing to reward MS with software purchases is only going to encourage them to treat their customers badly.
If your in California, not only does the business not have to be in your jurisdiction, you can also serve them via certified mail (return receipt requested) as per Code of Civil Procedure sections 415.40 and 416.10. IANAL but it has worked for me a couple of times.
@moe84: Notice I said I typed this from a pirated version of Windows.
Above should read, “If you’re in California.” Unfortunately, I am an idiot.