Small Claims Court, HP & Laptop?

mumhaabu

I recently bought a Laptop pc during April in the United States a HP you can read about it here.

The story is it has plagued me with keyboard problems, I have had it repaired three times and everything the exact same problem has re-emerged.

1. The first time it broke I sent it away and it broke after 30mins of use again.
2. The second time it broke I sent it away and it broke after 4hours of use again.
3. The third time it broke I sent it away and it broke after two weeks of use again.

HP told me originally that after the third time they would either offer me a refund or replacement machine. When the laptop went faulty I contacted them yesterday and they are refusing to honour this instead insisting I return the laptop to them for more diagnostic tests and repairs.

This takes between two weeks to three and a half weeks like last time. They are really messing me around so I contacted the NCA (National Consumer Agency) who advised me to write a letter to HP highlighting my problem and how HP are refusing to honour what they promised me I also plan to threaten them with court. I then must wait 10 days for a reply.

Would this be the right thing to do? I am really intent on making them pay as they have really messed me around with it, I plan to speak to my Solicitor about it also. I paid $880 for the laptop or the equivalent of €600 at the time however I should also get compensation for it as I have had to reschedule things for to have it collected and be there to sign for it. I would be happy if I got €100 compensation but if they were any good they'd give me €880 instead of $880.

Would I be better to off to go to the small claims court on my own or get my solicitor to represent me? Bear in mind I have never been to court in my life either as a plaintiff or prosecutor.

EKRIUQ

Could be a dogey one, as HP seem to have done everything to try to help you and as you bought it from BestBuy USA it could come against you in a court case.

AS for compo, can't see that happening unless you can prove loss of earnings.

Would I be better to off to go to the small claims court on my own or get my solicitor to represent me? Bear in mind I have never been to court in my life either as a plaintiff or prosecutor.

On your own cost I think €12
(You would have to sear on the bible and present your case in front of a court room which could be full)

With your solicitor €12 + Solicitor appearance fee €200
(Is it worth it? as you might not get the full refund)

jahalpin

As you bought the laptop in the US, you are not actually covered by the Sales of Goods and Supply of services act, under which the SCC usually operates.

You actually have very few rights in relation to this laptop as it was bought outside Ireland and outside the EU.

HP seem to have done everything possible to help you solve the problem. A keyboard could be caused by misuse of the laptop ie hitting the keyboard too hard, laptop keyboards are usually more sensitive to abuse than desktop keyboards.

The Revenue may also be interested in knowing why the VAT and duty weren't paid on an item that would be liable for both.

As for compensation, you are not entitled to any. You have no statutory rights to support on a US laptop outside the US

The standard warranty on HP US laptops is as follows (source: hp.com)

The standard warranty features:

One year parts and labor coverage, including return of equipment to HP and authorized service provider options
One year of convenient 24 x 7, toll-free technical support in English or Spanish 1-800-652-6672 (1-800-OK Compaq)
One-hour e-mail assistance and real-time chat via a built-in notebook Help and Support Center
An easy-to-use Web site providing quick access to product diagnostics, FAQs, and top solutions
For software, 30-day replacement of defective application media and one year of toll-free technical assistance

This doesn't mention anything about replacement or refund, just parts and labour

Danno

Buy an external USB Keyboard and be done with it.

Nody

mumhaabu wrote: »

Would this be the right thing to do?

You should be happy that HP is giving you any service out side of USA is what you should be happy about. As already noted you:

1) Don't have a case under Irish retail law (not bought in Ireland and hence don't fall under Irish law)
2) Did not pay import tax (assumption)
3) Have no rights for repairs outside of USA
4) Have nothing to back up your claim of a refund after three repairs
5) Have no ground to stand for for asking for money back nor compensation
6) Will have to pay for all legal costs yourself as per 1

Consider this an expensive lesson in learning your rights before you start to scream about compensation.

auditray2007

HP are crap. I purchased an all in one and paid £400 ie back when. Yes 400!!! It broke down several times and they replaced it 3 times. Two weeks out of warrantee and I was told to go piss off. It didn't print 100 pages. It sat there as a useless reminder of money badly spent. I found out from my son that the school had the same model and had the teachers driven daft also. I then investigated some more and it appears that it was <SNIP>. An all in one was never that price before and never remotely reached that price again. I guess ya don't get what ya pay for. My brother had a HP lap top and eventually smashed it off the wall in frustration. Were just mugs for these people!!!
Good luck but I think your stumped unfortunately.

slimjimmc

Please do not resurrect old threads - closed