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Compaq won't uphold their warranty

  • 25-08-2009 4:14pm
    #1
    Registered Users, Registered Users 2 Posts: 19,323 ✭✭✭✭


    I bought a laptop from a well known store on 08/09/08, after a few months I noticed the "hinge" (for want of a better expression, basically where the screen and computer meet) was a little looser than when I bought it. I thought it could've been my imagination so forgot about it.

    Last week I opened it and heard the "hinge" detatch from the unit on one side. I closed it and noticed it had separated from the laptop on one side, exposing some wires and some of the inner fixtures of the screen (I noticed a screw had come loose in there and a plate had bent as a result).

    So I rang Compaq, who told me to bring it back to the store and they'd sort it. When I did so, the csr told me that Compaq would say I dropped it and class it as "accidental damage",but iknew once they saw it they'd see there was no signs of an impact. Not even a scuff.

    They but me on the phone to the tech guys while I was in the store. He told me that it was accidental damage, even though he was ON THE PHONE and couldn't see it. That Compaq wouldn't accept it happened without it being dropped because they hadn't heard of this being an underlying fault in that particular model.

    So, basically they sold me a shoddy product, it came apart within a year and they won't honour the warranty. The lady inthe store said the store could fix it for €300, that's more than half if what I spent in the laptop.

    Does anyone have any advice? I was considering the small claims court but maybe there's something else?


Comments

  • Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    Hinges and keyboards are classed as wear and tear on laptops. You can generally get them replaced within six months but after a year, good luck to you! I'm surprised they bothered saying it was accidental damage.


  • Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    Hinges, as with all laptop parts should last more than a year.

    1. Go back to the store and INSIST that they either repair, replace or refund. Be nice but assertive.
    2. If they refuse, tell them what you are going to do [3 - 5]...
    3. Write a formal letter of complaint detailing EVERYTHING In this letter, tell them that you are giving them 10 business days to respond [14 days / 2 weeks to you and me.] otherwise you will initiate legal proceedings.
    4. Send this letter via registered post.
    5. Initiate legal proceedings against them via Small Claims Court.


  • Registered Users, Registered Users 2 Posts: 6,026 ✭✭✭Amalgam


    RangeR wrote: »
    Hinges, as with all laptop parts should last more than a year.

    1. Go back to the store and INSIST that they either repair,
    replace or refund. Be nice but assertive.

    They're not under any obligation to do what I've highlighted after, what is it, 30 days or so..?

    Is it P- W----?, they like to 'challenge' customers like that.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Amalgam wrote: »
    They're not under any obligation to do what I've highlighted after, what is it, 30 days or so..?

    Is it P- W----?, they like to 'challenge' customers like that.

    There is no 30 day limit on a warranty. It could be as much as 6 years, and they must offer one of the 3, but in this case they're offering nothing at all, which isn't right.


  • Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭Elessar


    Amalgam wrote: »
    They're not under any obligation to do what I've highlighted after, what is it, 30 days or so..?

    Is it P- W----?, they like to 'challenge' customers like that.

    There is no specific time limit. 30 days is just a made up company policy. They can refuse a refund or replacement and insist on a repair, but equally, the consumer can reject that and seek further redress. Obviously if you are going to take them to the SCC you will want to be seen to have given them a chance, so it would be best to take the repair if offered.

    OP, if they refuse outright, do what RangeR has posted.


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  • Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    I just noticed that my numbering is all wrong. I took the lazy way and copied something I wrote in another thread, pasted it here and amended as needed.

    Anywho, you get the idea. You have rights as a consumer.


  • Registered Users, Registered Users 2 Posts: 19,323 ✭✭✭✭MrStuffins


    Thanks everyone for your help.

    I'm gonna go back tomorrow and ask to see the manager. If they refuse to repair it i will do what has been sugested.

    I'll post back and let yas know how i got on!

    Edit: So, seing as the warranty is from Compaq but the store were the seller, are they both obliged to help me? Should the seller repair? Or the manufacturer?


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    MrStuffins wrote: »
    Thanks everyone for your help.

    I'm gonna go back tomorrow and ask to see the manager. If they refuse to repair it i will do what has been sugested.

    I'll post back and let yas know how i got on!

    Edit: So, seing as the warranty is from Compaq but the store were the seller, are they both obliged to help me? Should the seller repair? Or the manufacturer?

    Your contract is with the shop, it's their responsibility alone to resolve the problem. Any legal steps you might take would be against the shop not Compaq.

    They will probably refer you to Compaq and this can speed up certain things such as dealing with techies or you shipping direct to them. However you should be aware that you are not Compaq's customer.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    MrStuffins wrote: »
    They but me on the phone to the tech guys while I was in the store.
    PC World (who use the Tech Guys) usually fix all the computers themselves. As such, they'll most likely charge you, rather than take the hit.

    You can try ringing Compaq, and ask if they support any models bought by PC World. I doubt they'll say yes.


  • Registered Users, Registered Users 2 Posts: 19,323 ✭✭✭✭MrStuffins


    the_syco wrote: »
    PC World (who use the Tech Guys) usually fix all the computers themselves. As such, they'll most likely charge you, rather than take the hit.

    You can try ringing Compaq, and ask if they support any models bought by PC World. I doubt they'll say yes.

    When you say suppost, what do you mean?


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  • Registered Users, Registered Users 2 Posts: 41,363 ✭✭✭✭Boggles


    MrStuffins wrote: »
    When you say suppost, what do you mean?

    Just go back into the store today, tell them you want it repaired pronto, there is no need to be nice about it as they have already stamped all over your rights.

    Don't be fobbed by them suggesting you contact Compaq.

    You bought from them, they are legally responsible to fix it for you.

    If they still refuse, get them to put down in writing exactly why the repair is being refused, get the store manager to sign it.

    Get yourself to the small claims court, hassle but you haven no real other avenue. You will win.


  • Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Boggles wrote: »
    Just go back into the store today, tell them you want it repaired pronto, there is no need to be nice about it as they have already stamped all over your rights..
    Why is there no reason to be nice? Do you really think the assistants in the store make these rules? They're simply following store policy. You may not be given your rights due to these policies, but you DO NOT have any right whatsoever to abuse members of staff who are just doing their job, however trivial you may feel it is.

    Be polite, but firm. By all means get the store manager to outline why the repair is being refused and get it signed and dated and even store stamped if possible. But being rude will generally work against you and if you start kicking and screaming, expect to be promptly thrown out of the store.


  • Registered Users, Registered Users 2 Posts: 19,323 ✭✭✭✭MrStuffins


    I wouldn't be rude, but i'm definately going to be firm.

    I can't go today which sucks but i'm going to go tomorrow.

    Thanks for all the advice and i'll definately come bak and let yas know how i got on


  • Registered Users, Registered Users 2 Posts: 41,363 ✭✭✭✭Boggles


    Kensington wrote: »
    Why is there no reason to be nice?

    He tried nice already, and was fobbed off.
    Kensington wrote: »
    Do you really think the assistants in the store make these rules? They're simply following store policy. You may not be given your rights due to these policies, but you DO NOT have any right whatsoever to abuse members of staff who are just doing their job, however trivial you may feel it is.

    Where did I say abuse a store assistant???

    The OP sounds like an intelligent fella, I'm sure he will be talking to a manager and not a store assistant as this stage. The manager is paid to deal with complaints and he should have a basic understanding of consumer law.

    The OP had is rights trampled on once, why should he be nice about it this time???

    By the way just in case you come back with "The Big Bad Consumer" defense, I repeat, I am not suggesting he goes all Michael Douglas in the shop.


  • Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Boggles wrote: »
    The OP sounds like an intelligent fella, I'm sure he will be talking to a manager and not a store assistant as this stage. The manager is paid to deal with complaints and he should have a basic understanding of consumer law.

    The OP had is rights trampled on once, why should he be nice about it this time???
    These policies are nearly always set out by a company head office. The store manager, although there to deal with serious complaints and issues from customers, essentially has no power to override or go against these policies. S/He can only go on what they're told. They're really nothing more than a senior store assistant.


  • Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    RangeR wrote: »
    Hinges, as with all laptop parts should last more than a year.

    But are only covered for a year. I've had this argument with both HP and Dell and only won because of the sheer amount of machines we buy off them.


  • Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭Elessar


    But are only covered for a year. I've had this argument with both HP and Dell and only won because of the sheer amount of machines we buy off them.

    Covered by whom exactly? The manufacturer? Makes no difference.


  • Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    But are only covered for a year. I've had this argument with both HP and Dell and only won because of the sheer amount of machines we buy off them.

    That's a negative. The law states otherwise.


  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    I think the issue is being lost here. The retailer is not refusing to honour the customers legal right to remedy due to manufactures defects. The retailer is arguing the fault is not due to normal usage and the damage is the fault of the customer.

    If this was to go to the smc,more than likely the court would ask for an independent assessment of the problem. OP have you googled your laptop's model no to see if this is common problem?

    Yes you need to get the retailer to say in writing why they will not fix it under warranty.


  • Registered Users, Registered Users 2 Posts: 19,323 ✭✭✭✭MrStuffins


    Yes, they have said it was "accidental damage" but havent bothered to even entertain the fact that it wasn't. The manager looked at it and told me "Compaq might tell you it was accidental damage" and said "i am not an technician".

    THen the guy over the phone told me it was accidental damage, didnt believe when i told him it was from opening it and closing it.

    SO one hadn't a clue what he was looking at and the second was on the bloody phone.

    If they got someone to assess it they would see that there is no sign of an impact so it ouldnt have been dropped. The assessment will show that the damage is from how i said it happened.


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  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    HP and Compaq machines sold by PCW/Currys/Dixons are all entitled to standard 1 year Collect and Return warranty from HPQ. I know, both as a former HP support insider (Enterprise stuff though) and recent PCW customer with a fault on a Compaq presario notebook.

    Pick up the phone and call HP technical support on 1890 923 902

    Have the Service Tag and possibly product code to hand. They're on a label on the underside of the notebook (assuming it's a presario or pavillion model), and should be easy to read.

    Log a support call, reporting a fault with the hinges. Make sure you get the name of the agent/technician you speak with, and get a case number. Insist on having these things provided towards the start of the call. Now, remember that it's a consumer laptop, and you didn't pay much for it. That means you get an inexperienced script monkey on the other end of the phone. So, keep it simple and within their script and tell them they hinges are loose, and won't hold the screen upright, and that the laptop's unuseable....but that everything else is perfect with the laptop, and you just need the hinges looked at. Tell them you therefore need a Collect and Return repair on the laptop.

    If asked, confirm you haven't dropped it, and it's within warranty - They might want you to fax the receipt for the laptop so they can confirm it, if it's been manufactured more than 12 months ago, but purchased within the last year. If you experience resistance, insist on speaking with a supervisor. This will work particularly well if you reach an agent in India or elsewhere in Asia (a distinct likelihood). Be polite but firm. The people themselves are nice, but they're not allowed much leeway in their approach. A supervisor on the other hand will facilitate your reasonable request for support, especially if they believe you might contact HP in Ireland and the UK to complain if this can't be resolved for you easily. Get their name too, if you end up speaking with a supervisor. Note the time of your calls etc.

    Do the above, and for you own sanity and peace of mind, don't bother pursueing the reseller. If the manufacturer has the parts and the technicians to fix it, and they provided a warranty (which they did), skip the middle man and just get your machine sorted. I'm telling you first hand, rather than hypothesising about how it should work, your rights as a consumer etc etc. If you want to be the victim, fine. If you want it fixed, follow my instructions and move on.

    Gil


  • Registered Users, Registered Users 2 Posts: 13,478 ✭✭✭✭Snake Plisken


    I repair PC's and Laptops and every couple of weeks we see this issue where the screws come lose in on those hinges and it usually causes damage or stress to the screen casing around the hinge, the screws obviously work loose due to the constant opening/closing of the screen, so for anyone in the repair business it should be pretty obvious that this can happen without the laptop having been dropped


  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    Any update Mr Stuffins? These threads are frequently chock full of complaints, and rarely an update telling readers when things work out fine after all. ;)


  • Registered Users, Registered Users 2 Posts: 19,323 ✭✭✭✭MrStuffins


    Gil_Dub wrote: »
    Any update Mr Stuffins? These threads are frequently chock full of complaints, and rarely an update telling readers when things work out fine after all. ;)

    Hey Gil, sorry but i only got around to ringing them today i've been mad busy.

    So i did exactly what you said. I got through to a man (presumably from India) and he told me i had to go to the rseller and talk to them. I told him i had already done this and they refered me BACK to himself. He began to actually be rude on the phone so i asked to speak to his supervisor, he then told me that there were in fact no supervisors and nobody was in charge :pac::pac:

    I knew i was getting nowhere so hung up and rang back. Got a lovely and helpful lady on the phone who took my details and put me through to the technician centre. There i spoke to a man who again was helpful and he set up a delivery date for collection of the laptop.

    It's being collected on Monday and there's a turnaround time of 10 days so i'll keep this thread updated as to whether they try mess me around or if they repair without fuss :D

    Again, thanks for all your help everyone :)


  • Registered Users, Registered Users 2 Posts: 19,323 ✭✭✭✭MrStuffins


    So i stayed in all day on Monday, no sign. Gave them a ring on Tuesday morning, they told me "later today". Again, no sign.

    Left it til Thursday and gave out that they hadn't collected it. Sure enough, Fiday afternoon the guy came and collected it.

    A 10 day turnaround period (which i presume are Mon-Fri) so hopefully have it back in 2 weeks and will post the result!


  • Registered Users, Registered Users 2 Posts: 6,033 ✭✭✭Slippin Jimmy


    MrStuffins wrote: »
    So i stayed in all day on Monday, no sign. Gave them a ring on Tuesday morning, they told me "later today". Again, no sign.

    Left it til Thursday and gave out that they hadn't collected it. Sure enough, Fiday afternoon the guy came and collected it.

    A 10 day turnaround period (which i presume are Mon-Fri) so hopefully have it back in 2 weeks and will post the result!

    If its who you bought it with you might be waiting more than 2 weeks, it can be anything up to 42 days. That is provided they do have the hinge for it.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    MrStuffins wrote: »
    So i stayed in all day on Monday, no sign. Gave them a ring on Tuesday morning, they told me "later today". Again, no sign.

    Left it til Thursday and gave out that they hadn't collected it. Sure enough, Fiday afternoon the guy came and collected it.

    A 10 day turnaround period (which i presume are Mon-Fri) so hopefully have it back in 2 weeks and will post the result!
    that is very poor service for collecting a laptop! it doesen't matter if you live up on top of a mountain or middle of a town when any courier says we will collect monday morning they should be well able to do this. you might find it takes weeks for your iten to get to HP as the couriers may hold items until they have a full vanload to save costs?


  • Registered Users, Registered Users 2 Posts: 19,323 ✭✭✭✭MrStuffins


    Ok lads and ladies, just got home from college and the laptop arrived this morning.

    Fixed perfectly, they updated the BIOS too and there's sheets upon sheets of info on checks carried out and updates.

    I must say, having called this thread "Compaq won't update their warranty", they have gone and fixed it within a week. The big problem i had was with PC World who were very unhelpful.

    I would advise anyone thinking of buying a laptop to look elsewhere first and use PC World as a final option as their after care is almost non existant!

    In fact, my girlfriend bought a fairly high spec laptop only yesterday and was going to buy a specific one in PC World. However, i looked elsewhere and found the same laptop for the exact same price in a competitor's store and made the purchase on her behalf, simply because of my experience in this case.

    So, if anyone from PC World is reading this, your poor customer service has already cost you €900, and will cost you even more as everyone in my household, my girlfriend's household and all of my friends will no longer shop with you, and considering that my brother, my girlfriend and quite a few of my friends are I.T. students or work in I.T., that's a considerable amount of business you will be losing out on.

    As for complaining, it just happens to turn out i started "Quality Services Management" as a module in college today and the PC World Head Ofice will be recieving a very detailed account of what happened.

    Sorry for the long post. Thanks to EVERYONE who posted in this thread and everyone who helped me out.

    Cuddlesworth, RangeR, Amalgam, jor el, Elessar, slimjimmc, the syco, Boggles, Kensington, wmpdd3, Gil Dub, Snake Plisken, Duffff-Man and Foggy Lad
    , thanks very much!


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