Laptop stops working properly after 6 weeks - Consumer Rights

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Wexfordman

Registered User
Messages
415
Hi,

Hoping someone can advise me what to do. I bought a hp laptop towards the end of august this year. About 6 weeks later, the sound stopped working, so I reported the issue to HP. I was hoping that, it being so new, they would replace it for me, but no, they said that I had to send it back to them for epair under warranty.

Anyway, long story short, they have a call centre in India, which has been an awfull experience, but a customer care and repair centre in the UK. I have been trying to arrange for them to pick up and return my laptop for repair now for a week (fault was origionally reported to them 3 weeks ago, with 1 week of delay down to me).

They are appallingly bad at customer care, and have not even made 1 phone call or emial back to me regarding pick up of my laptop, even though I have phoned them 3 times this week. Last they told me was that the repair centre had been affected by a fire and they were unable to arange pick up at the moment but would ring me in a day or two to arrange pick up (that was last wednesday).

Anyway, I have had it up to my neck with them, and I promised myself I will never again buy another hp product, but I still need to get this issue sorted. It is looking like I will not have my laptop repaired before christmas (8 to 10 days repair, and thats when they do finally arrange to pick the bloody thing up).

What can I do to foce this issue to be sorted, I am being completely stone walled by them.

I was thinking of sending a last mail to them telling them if they did not have my laptop picked up or arrangements made with me to have it collected for repair by end of day monday I would do the following:-

1) Return laptop to them as unfit for use
2) Purchase another laptop of similar spec
3) Lodge a claim in the small claims court for payment of new laptop.

Do you think this is acceptable or feasible ?

Regards,
Wexfordman
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

I don't think that you have a right to seek a replacement at this stage. The goods have developed a fault, but may well have been of merchantable quality when sold.

I am basing this on what the ODCA says [broken link removed], where it also says 'each case should be judged on it's merit'

It seems you may be encountering poor customer service, but I don't think that gives you the right (at this stage) to reject the goods.

Can I ask where you bought the laptop? The obligation lies with the seller to put things right (for the consumer), not the manufacturer.

Re. The Small Claims Court, this is only an option if the company is registered in Ireland as far as I know-I'm not sure what HP's status is in this case.

I think that you should wait and see for a while longer-I don't think the delay is terribly bad at this stage (my own opinion).
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

Thanks for the reply,

Bought it in Soundstore in Cork. Rang them, and the gist was that they would pretty much run through the same process I did, and send it back to hp.

I am disgusted, 6 weeks of a new laptop and this happens. I dont mind things breaking (stuff happens), but I expect HP to be concerned enough or embarrassed enough to try thier best to get things right.

What is an acceptable time to get something fixed. Actually, all I am looking for is for them to take it away to fix it, and that was three weeks ago.


I spent 1100 Euro on a laptop that is pretty much next to useless just a couple of weeks later (I use it for voip, text to speech, voice recognition etc), and I cant get them to fix the bloody thing.

Wexfordman
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

What problem(s) did you have with it? What do you mean by "it stopped working"? Was it software or hardware problems? PCs/laptops are still unfortunately quite complicated and lots of things can go wrong even if the machines are ultimately in working order.
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

Wexfordman said:
Bought it in Soundstore in Cork. Rang them, and the gist was that they would pretty much run through the same process I did, and send it back to hp.
Click to expand...

Irrelevant-it is their responsibility to rectify the problem.

Wexforman said:
I am disgusted, 6 weeks of a new laptop and this happens. I dont mind things breaking (stuff happens), but I expect HP to be concerned enough or embarrassed enough to try thier best to get things right.
Click to expand...

I'm sure you're not the first person to feel this way-unfortunately HP are big enough not to get too bothered. My own laptop's motherboard gave up the ghost within a year of purchase and Fujitsu Siemens weren't really that embarrassed-they did fix it however.

Wexfordman said:
What is an acceptable time to get something fixed. Actually, all I am looking for is for them to take it away to fix it, and that was three weeks ago.
Click to expand...

3-4 weeks wouldn't be unacceptable to me, but each to their own.

You really aren't helping your case by dealing directly with HP. Correct procedure is to deal with the Retailer. If they cannot get the problem fixed within a satisfactory timeframe, then you could demand a replacement/refund etc., or take action through the Small Claims Court if necessary.
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

Yeah, suppose you are right, might just drop it into soundstore over the weekend so.

The fauld Clubman is definately hardware (internal mic stopped working first, then speakers a few days later). External mic worked fine, hav;nt bothered see if external speakers work (sort of irelevent). Been through 2 painfull sessions with call centre in India going through the same process twice. Rang them a third time for an update and they wanted me to go through it all again (I nearly flipped!!).

Also, did a full system restore too.

Definately hardware related.
Just to clarify, i am waiting 3 weeks just for them to pick it up for repair, and no joy yet!!! I will be lucky to get the thing repaired in under 7 IMHO
Wexfordman
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

Hi Wexfordman

Your complaint definitely lies with Soundstore in Cork

It is their responsibility to recitify the problems that you are experiencing. The law is on your side on this issue.

At this stage, I would be looking for a replacement or my money back. You are perfectly entitled by law to either under consumer legislation in Ireland and the EU.

Marion
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

As stated already, it’s the shop that’s responsible for resolving your problem. In your situation, the manufacturer could refuse to deal directly with you. Take it back to the shop immediately. Unfortunately you may have to write off the delay that has occurred to date. Although it is the case that you are entitled to either a repair, a replacement or a refund, it’s not enshrined in law as to which applies in any given circumstance. ‘Reasonableness’ comes into it. Your entitlement is to have a fully-working version of the product you have bought and the shop has the right to determine how this should be done but is so doing has to deal with your complaint in a reasonable and efficient manner. If the windscreen wipers fall off your new car, it wouldn’t be ‘reasonable’ to expect that the car itself be replaced for example! If however you bought, say, a vase, and it splits in two it wouldn’t be reasonable to be offered a repair. It would be reasonable to expect that if the shop elects to repair, you should get an indication as to how long you should have to wait. If the repair isn’t subsequently effective it’d be reasonable to expect that you then get a replacement or a refund. And so on. It’s not the shop’s fault if the manufacturers’s repair service is out-of-action but unreasonable to expect you to wait, say, 3 months, before the item is repaired. The Small Claims Court will take the shop’s actions into consideration when deciding where liability lies.

3 final things. A manufacturer’s warranty may give an indication as to how long a repair takes – check to see. Secondly, having contacted the manufacturer directly, you know more than you would otherwise have done, the problem with the repair centre for instance. This improves your negotiating power with the shop should they for example promise you a very fast repair. Lastly, keep copies of any correspondence, notes of conversations and with whom, dates and times etc, in case it does come to Court.

Let us know how you get on.
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

Looks like the feckin thing has gone faulty on me again, and still within the warranty (almost). What is peoples opinion on the same fault happening twice within the warranty period, do I still have to go through the same process for repair, likely meaning I am without a laptop again for another month!!.
Wexfordman
 
One reason why not to buy a HP laptop

Bought a HP laptop almost a year ago, and it developed a hardware fault after a few weeks. Went through what I though was one of the worst customer care experiences ever to try and get the thing repaired, and finally got it back after about 6 weeks of it being sent away for repair.

Anyway, laptop has now developed the exact same fault, still within the 1 year warranty period, so I am forced again to deal with HP customer care, a daunting experience. Anyway, long story short, here is a transcript of the second live internet chat with HP technical support. The first chat was okay, and they took me through the usual bios/driver update procedure, and I had to contact them again once this had failed, and to arrange pick up of the laptop. It would be funny if not so frustrating:-

HP: I can understand the situation.
HP: Please let me know what you have done to repair it?
WEXFORDMAN: last time it was sent back to hp for repair
WEXFORDMAN: we have no local repair in ireland as far as i know, and it was shipped to the uk
HP: Ok.
HP: that's unfortunate.
WEXFORDMAN: unfortunate the first time it happened yes, second time is far from unfortunate, and I hope hp will take corrective action rather than once again, leave me with no laptop for several weeks. This is not unfortunate, it is shoddy on hps part (no personal offence to you, but I am not happy with HP, and have been a repeat customer of hp since I first started buying ps's)
WEXFORDMAN: ?
HP: Yes, as you are in Ireland now I'm sorry to assist you in this regard.
WEXFORDMAN: okay, where do I go from here ?
HP: You need to send the Notebook to U.S.
HP: From where we will pickup the Notebook for repair.
WEXFORDMAN: u.s ? last time it was uk?
WEXFORDMAN: i assume i am still under warranty
HP: Ok, that also no problem.
WEXFORDMAN: please advise details of how i can arrange for laptop to be picked up from my home
HP: I mean to say you are sending the notebook to U.S.
WEXFORDMAN: im sorry, I am confused. Firstly, if the laptop is under warranty, then it is hp's responsibility to pick up, repair and return the laptop (as was the case last time). HP arrange this, not me, please advise who I contact tomorrow for this
HP: I will arrange a mail-n-Repair for your Notebook if you will send that to U.S.
HP: Are we connected?
WEXFORDMAN: yes, sorry, we are connected, but can you confirm 100% it goes back to the U.S, as last time it went to UK
WEXFORDMAN: I would also like to contact a customer care/complaints rep tomorrow by phone to raise my complaint/concerns if possible
HP: No it not necessary.
WEXFORDMAN: sorry, what is not necessary (dont mean to be impolite)
HP: Is there anything else I can assist you with today?
WEXFORDMAN: YES, CAN YOU PLEASE ADVISE WHO I CONTACT ABOUT SENDING BACK THE UNIT FOR REPAIR, AND HOW I CONTACT CUSTOMER CARE ?
HP: send the Notebook to U.S and we'll pickup for repair.
HP: otherwise you visit the nearest service center.
WEXFORDMAN: where is my nearest service centre so
HP: In U.S.
HP: Are you talking about.
WEXFORDMAN: no, i am in ireland ?
HP: I'm sorry for that there is no service locator address about Ireland.
WEXFORDMAN: okay, so what do I do ?
HP: Send the Notebook to U.S.
WEXFORDMAN: OKAY, SO I PUT THE LAPTOP IN AN ENVELOPE SO, AND JUST WRITE U.S ON IT ?
HP: No, if you have any relative in U.s please send the Notebook to them HP will collect the Notebook from there.
HP: Is it possible for you?
WEXFORDMAN: are you serious ?
HP: yes,
WEXFORDMAN: oh my god!!!
WEXFORDMAN: I think we will leave it at this, and I will try and contact hp by phone tomorrow, this is ridiculous. Can you please give me a reference number for my fault/query
HP: Please note our session ID. It is Please note our session ID. It is . For any further help if required in this regard, you can contact us with this session ID and give this ID to the agent you need to chat. Through this session ID, the agent will have access to this session chat transcript.. For any further help if required in this regard, you can contact us with this session ID and give this ID to the agent you need to chat. Through this session ID, the agent will have access to this session chat transcript.
WEXFORDMAN: thankyou (i think)
HP: You are most welcome.
HP: Is there anything else I can assist you with today?
WEXFORDMAN: no, i think you have done what you are capable of.
HP: thank you, that's my pleasure.
HP: Thank you for contacting HP Total Care Real-Time chat support. If you need further assistance, please contact us again at: [broken link removed]. Chat support is available 24 hrs a day, 7 days a week.
HP: Please do not hesitate to contact us if you have any questions or clarifications. We assure you of our dedicated support, 24 hours, 365 days a year.
 
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Re: One reason why not to buy a HP laptop

Unbelievable.
Really sorry for your troubles, but despite myself the transcript did make me laugh this morning.
On a serious note, surely HP have a proper rep in Ireland, that you can contact. I mean BoI have outsourced all their IT to HP, so they would not have agreed to this without proper support structures being put in place, so there must be an Irish number to contact.
 
Re: One reason why not to buy a HP laptop

i work for a company and we have all hp pcs and laptops and we get them fixed here in ireland when they are broke under warranty.
 
Re: One reason why not to buy a HP laptop

Business and consumer support will more than likely be handled differently.
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

The National Consumer Agency says this ...

(From http://www.consumerconnect.ie/eng/Learning_Zone/Guides_To_Consumer_Law/Shopping/)

Exerpt:
" ....... the goods should be:

* Of "merchantable quality" - that means that they must be of an acceptable standard
* Fit for the purpose they were bought for
* As described. In other words, false or exaggerated claims must not be made by the seller

If the goods fail to comply with any of these criteria - for example, they turn out to be faulty - you have certain clear rights under consumer legislation. These entitlements come under the three R's:

* Repair
* Replacement
* Refund

If the shop offers to repair the item, the repair should be permanent. If they offer a refund, this can be in cash or by cheque, or (where appropriate) they can refund your credit card account. If they offer you a credit note or voucher instead, it is your right not to take it and request a refund instead.

If you are not happy with their offer you have the right to request an alternative remedy, and to take legal action if you are not happy with their final offer. You have the option to refer the matter to the Small Claims Court, which can handle a claim of up to €2,000 by a consumer against a shop. The application fee for Small Claims is €9."

I think you shoukld now ask for a refund. The laptop is certainly not "Fit for the purpose they were bought for"
 
Re: One reason why not to buy a HP laptop

Yeah, business and consumer support is certainly differen!!!

On a side note, anyone have any advice omn how I should handle this with HP, seeing as it is the second time within warranty that the same fault has developed. I would angle for a full replacement if I could or was entitled to ?

Regards,
Wexfordman
 
Re: One reason why not to buy a HP laptop

Why don't you just bring it back to the shop you purchased it from and demand your money back?
Don't leave until you've got your money.
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

Duplicate threads merged:
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

redstar said:
The National Consumer Agency says this ...

(From http://www.consumerconnect.ie/eng/Learning_Zone/Guides_To_Consumer_Law/Shopping/)

Exerpt:
" ....... the goods should be:

* Of "merchantable quality" - that means that they must be of an acceptable standard
* Fit for the purpose they were bought for
* As described. In other words, false or exaggerated claims must not be made by the seller

If the goods fail to comply with any of these criteria - for example, they turn out to be faulty - you have certain clear rights under consumer legislation. These entitlements come under the three R's:

* Repair
* Replacement
* Refund

If the shop offers to repair the item, the repair should be permanent. If they offer a refund, this can be in cash or by cheque, or (where appropriate) they can refund your credit card account. If they offer you a credit note or voucher instead, it is your right not to take it and request a refund instead.

If you are not happy with their offer you have the right to request an alternative remedy, and to take legal action if you are not happy with their final offer. You have the option to refer the matter to the Small Claims Court, which can handle a claim of up to €2,000 by a consumer against a shop. The application fee for Small Claims is €9."

I think you shoukld now ask for a refund. The laptop is certainly not "Fit for the purpose they were bought for"
Click to expand...


Redstar,

Rang the consumers agency and they said pretty much the same thing. They said that I should write a registered letter to them stating that it is not of merchantable quality and to request a fix. I asked if it was reasonalbe for me to request a replacement (not a hp one I can tell you) at this stage, and they said yes that would be reasonable. They said to write and give the owner 5 to 10 days to respond before taking them to the small claims court.

I said I would just ring soundstore first, and let them know what I was doing, just to give thema chance to sort it out themselves before taking it further, no harm in trying to get it sorted via a telephone call.
Anyway, asked to speak to the manager and gave him the story, He said that the laptop would have to be sent back to HP for them to determine if the fault was the same before making any decisions, and that the warranty was not with him, it was with hp. The warranty as far as I am aware is seperate to my consumer rights and I deal directly with the retailer.


I can see a scenario develop where the laptop is sent back, missing for weeks, then comes back repaired stating that it was a different fault this time round.
Any advice
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

Wexfordman said:
Redstar,

Rang the consumers agency and they said pretty much the same thing. They said that I should write a registered letter to them stating that it is not of merchantable quality and to request a fix. I asked if it was reasonalbe for me to request a replacement (not a hp one I can tell you) at this stage, and they said yes that would be reasonable. They said to write and give the owner 5 to 10 days to respond before taking them to the small claims court.

I said I would just ring soundstore first, and let them know what I was doing, just to give thema chance to sort it out themselves before taking it further, no harm in trying to get it sorted via a telephone call.
Anyway, asked to speak to the manager and gave him the story, He said that the laptop would have to be sent back to HP for them to determine if the fault was the same before making any decisions, and that the warranty was not with him, it was with hp. The warranty as far as I am aware is seperate to my consumer rights and I deal directly with the retailer.
Click to expand...

Did you think to ask the Agency if you were right in letting Sound Store off the hook? AFAIK the problem is for the store to resolve and a warranty does not invalidate your consumer rights. If as it appears you are being obliged to deal with HP outside Ireland (via the USA) you will have a challenge bringing them to the SCC.
 
Re: Consumer Rights-Laptop stops working properly after 6 weeks

No,

the agency said deal with soundstore, as they are the retailer. My phone converation with soundstore pretty much had them saying that they would send the laptop back to hp for them to have a look at it. My point to them was I dont care what they really do between themselves and HP, my laptop is faulty for a second time, I deem in unfit for purpose or "not of merchantable quality" they are the merchant and I am requesting a replacement unit of same value and spec from the merchent, i.e soundstore.

Soundstore said that they were oficially requesting that I drop the laptop into them for repair, but I am not sure what way to go about it now.
 
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