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HP Laptop - Small Claims Court

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  • 10-02-2010 2:34pm
    #1
    bnev
    Registered Users Posts: 108 ✭✭


    Hi all,

    I bought a HP laptop three years ago now. This laptop stopped booting up about 15 months after purchase and after returning it to the shop I was told that it would cost 400 euro to replace the motherboard, as it was out of warranty. I couldn't afford this at the time so took the laptop back.

    It has come to my attention via research online recently that this issue is actually a factory default, resulting from an overheating graphics card which burns out the motherboard.

    I have contacted HP and they tell me that there are not enough incidents of the issue to cause a product recall and that any repairs would now have to be paid for.

    As far as I am aware Irish legislation allows for a claim to be made against a faulty computer up to six years after purchase for a factory default.

    I am just wondering if there would be any point in bringing HP to the small claims court in relation to this. And if so, how would I go about prooving that there is acually a factory defect, apart from bringing online articles etc about this ongoing issue?

    Thanks for the advice

    Bnev


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    #2
    skyhighflyer
    Closed Accounts Posts: 1,149 ✭✭✭skyhighflyer


    I bought a HP laptop around the same time, and it suffered from the same type of overheating issue. I have an email from HP admitting it was a known issue with my model of laptop (not sure if it's the same as yours).

    I actually bought the laptop in France and a recall was issued for the same model in the US and never in Europe, which makes me suspicious that Americans were more vocal in complaining about their dead laptops than we were.

    In fact; HP extended the warranty on all affected models by an extra 24 months for cases where the known defect caused the laptop to stop working.

    Long story short I demanded that they replace my motherboard, even though mine was out of warranty. To be fair they eventually backed down and sorted it out.

    I would keep at them first, and put your complaint in writing to their customer service department. If you did take the shop to small claims, I would hazard a guess that this statement from HP's own website admitting to the problems would be proof enough that the goods are not of merchantable quality under the Sale of Goods and Supply of Services Act 1980.


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    #3
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    No point in taking HP to court, it has nothing to do with them. Any action you take would have to be against the shop that sold you the laptop as only they have any legal obligation to you under consumer law.

    HP were legally obliged to honour their warranty but since the defect occurred after that expired they owe no responsibility to you.

    I'd chase it up with the shop again, you might have a better chance if you prove that they dealt with it previously but didn't offer you one of the 3 Rs (repair, replace,refund) at no cost to yourself.


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    #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    I'm not aware of any legislation which stipulates a six year period for a factory defect. The Liability for Defective Products legislation doesn't cover this situation, and although there is a six year limitation period for actions in contract or negligence that doesn't affect the question of liability.

    Liability in this case comes down to :

    a) was there negligence - the answer is no, in the absence of evidence that the retailer knew or ought to have known at the time of the initial complaint that the issue was a manufacturing matter and that the laptop should have been returned to HP for repair under warranty. In any event, you could have sent the laptop in yourself during the warranty period for a repair.

    b) was there a breach of contract.

    Your contract of sale was with the retailer (the warranty is to be enforced against the manufacturer, not the retailer). The good bought should have been of merchantable quality and fit for the purpose intended, which it seemed to be, for about 15 months. If you can get an appropriate expert to say that this rendered the laptop not fit for purpose etc. you have a claim. If not, you don't.

    If there is no expert evidence to that effect, then the shop breached no duty of care to you and as the warranty period has run you have no remedy against the manufacturer.

    If it hadn't been so long since purchase I would probably expect a medium to large operator to offer some goodwill re repair/replacement. Three years down the road, even assuming you have proof of purchase, and I can't see it happening.

    In any event, your recovery would be max the value of laptop at point of sale - hardly worth the outlay & effort in my opinion.


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    #5
    maidhcII
    Closed Accounts Posts: 72 ✭✭maidhcII


    Reloc8 wrote: »
    I'm not aware of any legislation which stipulates a six year period for a factory defect. The Liability for Defective Products legislation doesn't cover this situation, and although there is a six year limitation period for actions in contract or negligence that doesn't affect the question of liability.

    Liability in this case comes down to :

    a) was there negligence - the answer is no, in the absence of evidence that the retailer knew or ought to have known at the time of the initial complaint that the issue was a manufacturing matter and that the laptop should have been returned to HP for repair under warranty. In any event, you could have sent the laptop in yourself during the warranty period for a repair.

    b) was there a breach of contract.

    Your contract of sale was with the retailer (the warranty is to be enforced against the manufacturer, not the retailer). The good bought should have been of merchantable quality and fit for the purpose intended, which it seemed to be, for about 15 months. If you can get an appropriate expert to say that this rendered the laptop not fit for purpose etc. you have a claim. If not, you don't.

    If there is no expert evidence to that effect, then the shop breached no duty of care to you and as the warranty period has run you have no remedy against the manufacturer.

    If it hadn't been so long since purchase I would probably expect a medium to large operator to offer some goodwill re repair/replacement. Three years down the road, even assuming you have proof of purchase, and I can't see it happening.

    In any event, your recovery would be max the value of laptop at point of sale - hardly worth the outlay & effort in my opinion.

    It only costs a €10 or something!

    6 years is the limitation period of the Sale of Goods and Supply of Services Act.

    You don't need an expert to show a laptop is dead, still bereft of life, ceased to be and joined the choir invisible (to misqoute John Cleese)., certainly not in the Small Claims court.

    There was presumably negligence on the part of HP Inc., and as we know with snails in ginger beer, we can sue them without privity.

    Go for it, you have nothing to loose except a day of work if it goes before a judge and everything to gain.


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    #6
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    maidhcII wrote: »
    There was presumably negligence on the part of HP Inc., and as we know with snails in ginger beer, we can sue them without privity.

    You have to prove these things.


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    #7
    maidhcII
    Closed Accounts Posts: 72 ✭✭maidhcII


    My point albeit badly made is that you have nothing to loose by suing both the manufacturer and the retailer in this situation. While on paper the proofs are the same in both the High Court and the Small Claims Court the reality is somewhat different, and I wouldn't be worrying unduly about "experts" and the like for such a matter.


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    #8
    bnev
    Registered Users Posts: 108 ✭✭bnev


    Thanks for the advice guys. How long would I be expecting the whole process to take if it was to go to court instead of being sorted out before hand?


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    #9
    cup of tea
    Registered Users Posts: 749 ✭✭✭cup of tea


    A signed written statement from a computer repair specialist may also be of help stating that the problem arose from an overheating graphics card.Would be much stronger in court with the print outs from the online forums then just the print outs by themselves.


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    #10
    D.McC
    Closed Accounts Posts: 180 ✭✭D.McC


    A bought a reconditioned HP laptop about two years ago. The motherboard has been replaced twice. Do I have any recourse?


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    #11
    2dizzylizzie
    Registered Users Posts: 30 ✭2dizzylizzie


    I am at my wits end with HP having had nothing but a disastrous experience with them since I bought a HP Envy 15 - this is supposed to be a high end piece of kit, if only it would do what it says on the tin. I have had numerous problems with it and the service agent even admitted it was the most problems he has ever heard of on one case
    * Laptop over heating frequently heating up to 85-90*C (a serious fire hazard!!)
    * Web cam displays image in a blue/purple tint (very annoying given that i was in Australia trying to talk to friends and family for 6 months)
    *Mild electrical current was running through the top front metal edge
    * Unit stopped detecting the AC adapter which was making a very high pitched whine & it turned out that the actual AC plug point was faulty too (I think that is where the electric currant was originating from?)

    The unit is under warranty - so of course I contacted HP who said it was definitely faulty and needed to be recalled for repairs. At this point I said I don't want a repair I want a new unit (which is as far as I know my right under such circumstances?) I then had a long, long argument with the Technical Support rep as to why they would not give me a new one and why I wanted and insisted on it (basically if it is this faulty now and has suffered severe heat damage further parts failure is inevitable - and probably in the middle of me trying to write my thesis in a few months time) I demanded to speak to a supervisor or someone in charge only to be told there is no one - which I doubt for some reason... he finally relented and said "if we find scorch marks and heat damage we will replace it" instead a week later I receive the same one back with a reports stating that it had over heating problems and that they replaced the mother board, two fans, the heat-sinks, the bottom case (which had cracked) and the web cam.
    They failed to send me a new AC adapter (which I was told on the phone they would and to dispose of the faulty one - which I did) or a new Battery - since it now only lasts for 30mins if I'm lucky since the faulty adapter and port must have damaged it.
    What I can't fathom is WHY they would replace half the laptop despite my demands for a new one and then not even fix it properly at that!! The Web cam is still purple!?
    I have called them twice now only to be told they will have to call me back as the Tech Support assistants are all busy (and have not received a call back either time) At this point I am very very angry 1,400e is a LOT of money to a student like me and I expect to get what I paid for e.g something "fit for purpose" that does what is says it will in their fancy ads and on the box. So given their terrible treatment so far I’ve had enough and think I will pursue them in court. (I did buy this unit on ebay from the UK but checked it was covered under warranty in Ireland first, the seller had a 30 day return policy, but the problems didn’t show up until after this time so I have to deal with HP direct now?)


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    #12
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    They have the right to repair the unit rather than replace it. If it still isn't working then they should replace it.

    You should be able to deal with the seller actually, doesn't matter if they offer a 30 day return policy (once they were acting as a business and you were acting as a consumer).


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    #13
    seamussg
    Registered Users Posts: 10 ✭seamussg


    Hi im just wondering the outcome of your claim as i am now in the same situation with a faulty HP laptop and im wondering if it is worth my while going to court or accepting the poor enough offer from store where i purchased laptop.


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    #14
    El Gato
    Closed Accounts Posts: 221 ✭✭El Gato


    Hi, I have successfully taken HP to the small claims court.

    If you search under my posts you will find a lot of information about the matter.


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