Sony PS3 60GB entitlement to partial refund under EU law

Mailed to Gamestation UK – the retail outfit I purchased my PS3 60GB from:

I purchased a playstation 3 60GB console from one of your retail stores.

The purchase was made specifically because of the “OtherOS” feature which was a selling point of the PS3 60GB over the newer slimline models.

I actually purchased from the store a 250GB slimline PS3 but returned it the next day when I discovered that OtherOS was not part of the slimline range, and was sold the PS3 60GB on the basis that it had the OtherOS feature.

Sony recently updated the firmware code and disabled the OtherOS functionality thus breaking EU law Directive 1999/44/EC and making your company liable under this paragraph:
“The goods must:
comply with the description given by the seller and posses the same qualities and characteristics as other similar goods
be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.”

I note that Amazon UK is already offering refunds without return of the item of approximately 20% the sale value of the console even though said consoles are no longer covered by their warranty due to age.

I ask you to consider your duty in law and offer me the same percentage refund on my purchase.

I request a formal response regarding your position via email within 14 days.

Relevant links:
directive 1999/44/ec

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

Amazon refunds customer for OtherOS removal

http://www.playstationuniversity.com/ps3-owner-refunded-without-return-for-missing-other-os-3555/

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