Can I sue HP for damages?

Discussion in 'HP' started by Lisa, Mar 28, 2007.

  1. Lisa

    Lisa Guest

    Hi,



    My problem started almost 2 month ago. I had a problem with the fan on a
    dv6000 laptop, called HP and shipped the unit. I get it back 10 days later,
    the fan was not fixed and additionally I had a big gray dot on the LCD. I
    called again and was asked to send it back, I did. I get it back last week
    and to my amazement, the fan was not fixed or even touched. At lease they
    fixed the LCD. The serious problem now is that I got it back with a crack on
    the bottom corner and the whole thing does not feel right. It rattles, the
    keyboard fells funny and the touchpad is loose and not as responsive.



    I called the case manger who was assigned to my case but he is never there
    or *unavailable*! Three emails sent already and no response! I called FedEx
    to file a claim but they said that the shipper (HP) only can do that. To be
    honest, I am not sure if it was damaged during shipping because the box
    looked OK to me when it arrived!



    What to do? Should I go to court and try to get my money back?



    Please give some suggestions, Thank you in advance.



    Lisa
     
    Lisa, Mar 28, 2007
    #1
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  2. Lisa

    Ben Myers Guest

    In most situations, when you send a system back to the manufacturer, you get a
    different unit in return. It is easier and quicker for them to swap units than
    to repair yours instantly. The contract that comes along with the computer
    when you buy it stipulates that they can substitute used/refurb parts for any
    repairs done under warranty.

    From what you describe, somebody who does repairs for HP (not necessarily HP
    itself, but maybe a contract electronics company) screwed up big-time and sent
    you a unit that was in poor shape.

    Start with the consumer affairs department in your state government. Hopefully,
    you live in a state with a consumer-friendly government. You know damned well
    that the FTC is a toothless and defanged dog in the current administration.

    Next, access HPs on-line tech support, tell them what happened, and ask for a
    replacement unit. Escalate the matter, albeit politely, even though you find
    this situation frustrating as hell. See if you can contact HP's Public
    Relations people. Tell them you will complain to the major magazines (PC
    Magazine, PC World), who always want to hear stories about repairs, good and
    bad.

    If you get some flak about your computer no longer being under warranty, make
    reference to the FIRST time you sent it back to be fixed. It was still under
    warranty then, and they haven't fixed it, so it is still under warranty by law
    in most states.

    Next time, and any other time you send a computer back for service, keep track
    of the system serial number on the bottom of the computer. Keep good records of
    any and all correspondence with HP, as well as the dates when computers were
    shipped out and returned. It is important to have accurate facts to support
    your case, whether direct with HP or in a legal proceeding to be avoided.

    .... Ben Myers
     
    Ben Myers, Mar 28, 2007
    #2
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  3. Lisa

    Davy Guest

    Sounds as though you have a good case to answer, keep all documents,
    phone call logs and E-mails is a must.

    You don't say what part of the globe you are in, here in the UK we
    could get advice from the citizens advice bureau, let the Office of
    fair trading know about it or you can go to the small claims court,
    there will be different options in other parts of the world.

    One thing you need to do, which no doubt you have done is to make sure
    it's the original one and not a refurbished one, I can appreciate that
    this is difficult if they remove all and just swap the outer case.

    Maybe if you stated the area you reside in would help to get a more
    detailed advice.

    Davy
     
    Davy, Mar 29, 2007
    #3
  4. Lisa

    Lisa Guest

    Thank you Ben.

    Actually, we are talking about the same unit, they did not swap it, it is
    the same one I owned. The warranty is not an issue because I have a three
    years warranty and I am still in the first year. I'll try to contact someone
    at HP here in the States, got figure this one out because as of now, all
    roads leads to India!!!

    consumer protection here (OHIO) sucks and it takes for ever to get them to
    do anything! my question still stands, can I sue them in court? I don't want
    to file the papers, waste the $40 or so only to find out that I can't do
    that per my purchase and warranty agreement! I think it is much faster than
    going the State's attorney general office! I use this notebook on the road
    for my job and I can't really live much longer without it.

    Thanks for the advise and good luck.
     
    Lisa, Mar 29, 2007
    #4
  5. Lisa

    Lisa Guest

    Thanks Davy,



    I am glade to say that I have all the records regarding this case since day
    one (over 2 months ago)! BTW, I live in the States, OHIO, will see what
    happens.



    Thanks again.
     
    Lisa, Mar 29, 2007
    #5
  6. Lisa

    Ben Myers Guest

    If small claims court in Ohio works like it does here in Mass., you make the
    filing, but papers must be served on one of the defendant's offices in your
    state. And there's a cap on the amount you can sue for, and it takes 60-90
    days for the case to come up in court. That would be one very interesting small
    claim. If you did do a filing, I think it would be advantageous to send a copy
    of it to Mark Hurd, Pres of HP. One of his minions might decide to settle real
    quick. (Today, I got a surprise in the form of personal delivery of money owed
    from someone against whom I'd filed a small claim. That is a more typical small
    claim.)

    Does Ohio have a lemon law that covers non-automotive goods? That's another
    possibility to investigate.

    Where did you buy the computer? From a store or direct from HP. You could go
    back to the store where you bought it and request a refund.

    Sounds like you are not about to buy another HP notebook... Ben Myers
     
    Ben Myers, Mar 29, 2007
    #6
  7. Lisa

    Lisa Guest

    Thanks again Ben, Please read my inserts below.

    It is much faster here and I got people in our "small town" court that can
    help out! It could be served anywhere via registered mail especially if it
    is a company with national presence, like HP! The cap is $3000 here for
    small claim, it should cover the laptop in my case. I'll make sure that Mark
    Hurd gets a copy of it.
    No, as far as I know!
    HP online store!
    Hell noooooooo..Toshiba or Sony from now on!

    Again, Thanks for coming back to me.
     
    Lisa, Mar 29, 2007
    #7
  8. Lisa

    Davy Guest

    Under no circumstances must you part with those documentes stated, if
    they wanna see them send them a photo copy.... never ever send
    originals or that'll be the end.

    As you can see different parts of the world have different way's of
    dealing with consumer complaints.

    I reckon if you had a bad deal with a company... they'er not gonna be
    any different no matter what song and dance you do at the second
    attempt... I would be thinking of taking it further and beyond.... if
    the unit was relatively new I would be looking at a complete brand new
    replacement.

    ... to send an item back in the state you described providing the
    packaging wasn't damaged speaks volumes.

    Davy
     
    Davy, Mar 29, 2007
    #8
  9. Lisa

    Ben Myers Guest

    "served anywhere"???? Check and double-check the Ohio laws for small claims.
    Served anywhere in the state where HP has an office, you mean? Think about it.
    Your state courts have jurisdiction only within the borders of the state of
    Ohio. How are they going to serve a court notice to someone with an
    out-of-state address and make it stick? If a notice served in state is
    ignored, the defendant loses on default, and the court can issue a notice for
    the sheriff to repossess tangible assets of the defendant.

    Consider a Dell business-class notebook, Latitude or Precision. They are
    generally better made than the Inspiron. Dell service is really quite good.
    I've had 48-hour turnaround on one repair shipped back to Dell, done almost
    perfectly. Spare parts arrive quickly from Dell. Dell's on-site service is
    mediocre, like everyone else's. ALL the name brands depend on contract service
    companies, who don't hire first-rate service techs, for on-site work.

    I don't know what to say about Thinkpads, now that Lenovo bought the brand from
    IBM. Thinkpads used to be world-class in all respects. Toshiba and Sony are
    not as well regarded for service... Ben Myers
     
    Ben Myers, Mar 29, 2007
    #9
  10. Lisa

    Dan Caron Guest

    To Ben Myers:
    I suspect that you work for, or have worked for, one of the larger
    OEM's. I just want to set the record straight on something you said.
    Although some OEM's may substitute one unit for another in the repair
    cycle, the OEM that I work for would never do anything of the sort.
    Tracking a computer through the repair process is very, and I mean VERY,
    high on the priority list in the repair facility I work in. Making sure
    that the customer receives their own computer is of the highest
    importance. I will not say which OEM I work for, but let's say it is in
    the top four in the US. I would hope that the other three OEMs ahead of
    us would not be guilty of such shenanigans.
     
    Dan Caron, Apr 1, 2007
    #10
  11. Lisa

    Jez T Guest

    I have to agree with that 100%. The serial number of a machine uniquely
    identifies it, it's owner, the software licensed against it (like OEM
    Windows), and its warranty. There's no way HP or any other OEM will swap one
    machine for another just for a repair.
     
    Jez T, Apr 1, 2007
    #11
  12. Lisa

    Tony Guest

    Several large printer manufacturers (household names) replace printers that
    fail during warranty especially in the early days of warranty. This is usually
    at the entry to midrange end of the market. Not sure about PC's.
    Not only is it an OK thing to do but it is excellent customer service since it
    often gets the customer back printing faster.
    There are no negative effects on warranty or software licencing.
    Tony
    MS MVP Printing/Imaging
     
    Tony, Apr 1, 2007
    #12
  13. Lisa

    Jez T Guest

    Hmm - I was thinking PCs - not printers. Consumer PCs tend to have a
    return-to-base warranty.

    Replacing a "machine" can be discretionary, and it can be "mandatory"
    depending on the type of machine. There's a particular type of HP tape
    library that's a 'Whole unit replacement', and if you have an external HP
    DLT tape drive, they also get replaced by another one - repaired,
    refurbished, or new.

    Replacing low end printers is probably economic more than customer service.
    You can't justify the cost of tracking something that's so low margin, so
    you just swap it with another one, recover the one that's failed, and if
    it's not an easy repair, scrap it.
     
    Jez T, Apr 1, 2007
    #13
  14. Lisa

    Ben Myers Guest

    Nice guess, but I've never worked for a major computer OEM. Built a lot
    myself. Serviced thousands as a small VAR. Worked for on of the old-time
    BUNCH which tried in vain to compete with IBM in the mainframe business. Spent
    a stint as a working member of the computer trade press and learned a lot while
    doing so.

    But you are right. Tracking a repair accurately through the process is very
    important, whether I do it or a large repair facility does it. Tracking is just
    as important as the tracking through the original assembly itself... Ben Myers
     
    Ben Myers, Apr 2, 2007
    #14
  15. Lisa

    Lisa Guest

    They offered to replace it with a used unit! It is at the repair depot right
    now and they are waiting to hear from me. According to them, it was damaged
    in shipping BUT they won't submit a claim to FedEx, why? Don't know!

    Thanks again and I'll keep you updated.

    Lisa
     
    Lisa, Apr 12, 2007
    #15
  16. Lisa

    Ben Myers Guest

    FWIW, it is standard industry practice to replace almost anything, whole
    computer or component part, under warranty with a used and refurbished unit. And
    most vendors' warranty provisions state this. Sometimes new parts are used,
    but only when refurb are not available... Ben Myers
     
    Ben Myers, Apr 12, 2007
    #16
  17. Lisa

    PeterD Guest

    Who shipped it? You or them? If you shipped it, you must file the
    claim, they cannot.
     
    PeterD, Apr 12, 2007
    #17
  18. Lisa

    Lisa Guest

    Under the warranty, they ship me an empty box and I use it to ship the unit
    back to them. A preprinted FedEx shipping label is sent in the box as well.
    They handle all the shipping process. I already called FedEx when I first
    got the box 2 weeks ago and they said the shipper, HP, needs to file the
    claim.

    Thanks.
     
    Lisa, Apr 13, 2007
    #18
  19. Lisa

    Lisa Guest

    I am going to keep trying to get them to file a claim with FedEx and get the
    cash and shop somewhere else for a laptop! Otherwise, at minimum, I want
    them to issue me cash credit to use on their web site to buy a new unit
    myself, even if I have to put some money of my own.

    I told them today that I am not getting a used unit, period! He is talking
    to his supervisor and will get back to me tomorrow, will see!

    Thanks again.
     
    Lisa, Apr 13, 2007
    #19
  20. Lisa

    Ben Myers Guest

    Good luck! ... Ben

     
    Ben Myers, Apr 13, 2007
    #20
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