Small Claim Court claiming FULL REFUND FOR FAULTY LAPTOP

Francesco994

Hello all,
i am an angry owner of a HP PAVILION TX1000, I bought the machine from THE LAPTOP SHOP in the top floor of St. Stephen's Green Shopping Centre in Dublin 2.

I bought the laptop on the 3th of genuary last year, during the 12 months of activity many OVERHEATING PROBLEMS have occured, before it started having serious problems. It started with blank screens, it would reboot by itself then after that the laptop could not recognize the WIFI card permanently, therefore i was not able to connect to the Internet through wireless and now i have to study in the Internet Cafe' .... :mad:

The worst thing is that this issue has been affecting many people around the world, here the link from the HP Official Forum:

https://forums11.itrc.hp.com/service/forums/questionanswer.do?threadId=1245147

Now i'll cut to the chase, this problem is a clear MANUFACTURING ISSUE with HP models, but the HP would not accept it and recall the faulty laptops.
Many people through the problem, have already experienced the replacement of the MOTHERBOARD and so on, but after 1 to 3 months the problems occur again. The computer is doomed to die .

I went to the Laptop Shop, i talked with the manager and i told him the problem, that there was a claimed Manufacturing issue with the laptop and i pretended to have the full refund for it. The manager told me that he wanted to have a look at the laptop for free to assure that i did not procure the problem. I was really disappointed by this answer and especially after he claimed that if it was a bigger issue i should have paid (we r talking of 400Euro for a new motherboard).

I know very well my consumer rights, the warranty has expired since a month but this wouldn't have modified my rights whatsoever, the manager told me instead that i have to pay for everything.... this is absurd.
I don't want it repaired, nor a replacement, but i DO wish for the FULL REFUND

What should i do?!

The steps i am following are the following, maybe this of any help to anyone else who is in the same boat as me

1) I have hired a third party expert in order to assess the issue, i was afraid if i handed the computer to the retailer they would have modified it to support their thesis that I CAUSED THE ISSUE
2) On monday i am going to write a complain vs the Retailer claiming for a full refund for the faulty machine, stating in bullet points all the problems that have occured
3) i ll give them 5 working days to get a reply, whatever it will be i ll proceed to small claim court.


What do u think about the issue? Did u have the same issue with other/same retailer ?! Do u have any suggestions regarding the small claim action or my consumer rights?


I appreciate yr valuable help in this regard

AN angry customer

snappieT

You sound like you have a good plan. Write your letter to the store, and tell them they have a week to respond before you seek further action. Be calm in your letter, don't use all caps for some words as you have done in your post above. They will need to look at the laptop themselves, and it is quite possible that having someone else open the laptop will only land you in more trouble.
If they don't reply or you aren't happy with their reply, take it to the Small Claims Court.

I always found them to be a good shop with trustworthy and knowledgeable staff, even if their prices are a wee bit high.

darc

They may try & fob you off with the 12 month warranty issue.

The 12 month warranty is in ADDITION to your staturtory rights & if a known manufacturing defect has occurred then the manufacturer must repair / replace the product within a reasonable lifetime for the product. For laptops, I'd say 3 years.

Francesco994

snappieT wrote: »

Be calm in your letter, don't use all caps for some words as you have done in your post above.

I would have never wrote a letter in this manner, the writing should be appropriate for every and each circumstances.

I thank u for yr advice though and yr critics. I am not confident in giving my laptop away, as i know from other's people experience that this doesn't resolve the issue but most of all because the recidivist behavior of the Laptop Shop in an other situation which i ll be glad if u would read in the following link: http://www.herald.ie/national-news/courts/cash-back-for-faulty-laptop-1398836.html

As u understand this article doesn't help me considering cooperating with the Retailer in question.

I do wonder in the case where the Retailer will reply requesting to have a look at the laptop, is it in my legal rights to consider refusing the repair ? I did have a third party Expert write a report on the laptop issue already.
Thanks in advance to both of u replying to my post so assertively.

Sponge Bob

They will try to get out of repair with the 12 month warranty

However the product must be "fit for the purpose" and a laptop that gives so many probs within warranty is not "fit for the purpose " and the shop should have made a better effort to fond an equivalent that was fit for the purpose.

You will most likely win in the small claims court on that basis . I would advise writing to HP in Dublin and demanding they replace the laptop with a functioning and fit for the purpose equivalent.

Martin Murphy is country general manager or MD and can make things happen.

Give him a week to respond once you write to him recorded delivery at his office in Dublin or kildare ...somewhere .

If he does not it is simply more evidence for the court case against the laptop centre.