Can I sue HP for damages?
Lisa
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
Ben Myers
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
Lisa
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.
"Ben Myers" <ben_myers_...@charter.net> wrote in message
news:48sk0393g3ancksvf...@4ax.com...
Ben Myers
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
Lisa
"Ben Myers" <ben_myers_...@charter.net> wrote in message
news:14im0394k0rvo3tq5...@4ax.com...
> 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.)
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.
>
> Does Ohio have a lemon law that covers non-automotive goods? That's
> another
> possibility to investigate.
No, as far as I know!
>
> 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.
HP online store!
>
> Sounds like you are not about to buy another HP notebook... Ben Myers
>
>
Hell noooooooo..Toshiba or Sony from now on!
Again, Thanks for coming back to me.
Ben Myers
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
Dan Caron
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.
Jez T
"Dan Caron" <d...@youdontneedtoknow.net> wrote
> 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.
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.
Tony
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
Jez T
"Tony" <tonythebe...@gmail.com> wrote
> "Jez T" <Take-out-the-dashes@-plum-pie.co.uk> wrote:
>>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.
>
> 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
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.
Ben Myers
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
On Sat, 31 Mar 2007 19:47:50 -0500, Dan Caron <d...@youdontneedtoknow.net> wrote:
>Ben Myers wrote:
>> "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
>>
>> On Thu, 29 Mar 2007 05:19:37 -0400, "Lisa" <0...@0000hotmail.com> wrote:
>>
<SNIP>
Lisa
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" <0...@0000hotmail.com> wrote in message
news:avWdnU1HHK4GjJfb...@buckeye-express.com...
Ben Myers
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
PeterD
>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?
Who shipped it? You or them? If you shipped it, you must file the
claim, they cannot.
>Don't know!
>
>
Lisa
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.
"PeterD" <pet...@hipson.net> wrote in message
news:kq9s13hq8qd57lbvi...@4ax.com...
Lisa
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.
"Ben Myers" <ben_myers_...@charter.net> wrote in message
news:6s7s139od4qgeial4...@4ax.com...
Ben Myers
Ben Myers
claim... Ben Myers
satin...@gmail.com
I had similar problem with Hp ,They asked for 670 $ for liquid damage
for the Laptop under warranty for the Mouse pad
not working ,but when i denied to that ,they sent it back and now the
Mouse pad is working ,I dont know How,may be some
they had done some Creepy thing , as they claimed there Was liquid
damage and now my Keyboard is not working and I got same laptop back !
and When I argued to Best buy manager ,she said liquid might have
travelled to keyboard and damaged that and When i asked how the mouse
pad has started working automatically as they claimed Liquid
damage ,she has no answere !
Can I sue them for Cheating Costomers
and Can I sue them ,If anyone can help me this is Through BEst buy in
Chicago ,and Laptop is under 1year warranty and I bought extra for 2
more years paying some couple of hundred more to Best buy !
These Big companies like Hp Cheat Their
costomers and I want to sue them ! Can anyone help me ?
Ben Myers
what is covered. When in doubt, pay a retainer to a lawyer, who will charge
you more than the computer is worth for services rendered. Contact your
state's department of consumer affairs. Make sure that each and every
interaction with HP or Best Buy is documented with date, time, and status of
your request. Good luck.
Did you somehow dump liquid onto the keyboard or mouse area of the computer? Did
someone else? ... Ben Myers