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 Post subject: Re: Failed DV2535EA
PostPosted: Fri Jul 09, 2010 6:21 pm 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 6453
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 0
Hello Northender,

Quote:
What an unorganised outfit HP are


I couldn't agree more! - In fact, not only are they unorganised, but they have behaved despicably towards their customers who were unfortunate enough to have purchase one of their inherently defective laptops.

Quote:
...funny it's now being dealt with HP's solicitors! He said it was out of warranty


Some solicitors they are, they do not know the difference between a warranty claim and a claim under the Sale Of Goods Act.

Inept is a word that springs to mind :@

Quote:
Now waiting for their solicitors, who are contesting my claim in full......


Well, if it is anything like their other defences that I have seen I can state that you have absolutely nothing to worry about. Their last defence looked like it was drafted by their work experience staff! :@

Like you said, they will back down at the 11th hour and is just another tactic to weed out those who say they will sue against those who say they will but don't.

It works out cheaper for them this way. I just hope more and more people find this site and battle through to the end. That way we can hit HP where it hurts!

In the meantime good luck and I look forward to seeing their indefensible defence.

Best wishes

Paul
The Admin Team

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Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 8:42 am 
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Joined: Sun May 16, 2010 7:56 am
Posts: 23
Laptop Make: HP
Model: DV2535EA
Graphics Card: 8400M GS
Purchased From: Direct From Manufacturer
Amount Paid: 521
Date Purchased: 22 Nov 2007
Date Failed: 10 May 2010
I have now been offered a free repair, but they won't commit to a written guarantee about the repair, hence I have turned this deal down.
I was put on hold & then offered a replacement laptop, o which I requested a similar specced & brand new item, which will take a day or so to identify model wise.
I also requested payment of my engineers report, court fee & recorded delivery letters before action (£127.30), which they are currently refusing to pay.

Any advice as to what to do next if they come up with an acceptable model, BUT no recompense for my costs?

Note that they have till July 24th to reply to my small claims court action.


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 9:26 am 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 6453
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 0
Hello Northender,

Quote:
I have now been offered a free repair, but they won't commit to a written guarantee about the repair


No surprises there then. I wounder why they won't commit to a written guarantee? Could it possibly be because the spare parts are unreliable?

They cannot refuse to refund your consequential losses and if they do then I would simply continue to court.

The replacement model of laptop is fine but you must ensure they also refund or costs, or alternatively allow the price to be added on to the replacement laptop - or in other words allow you to pick a laptop worth £127 more that the model tey are offering.

What do you think?

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 9:53 am 
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Joined: Mon Sep 28, 2009 2:16 pm
Posts: 421
Laptop Make: HP
Model: G6000
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 399
Date Purchased: 01 Mar 2007
Date Failed: 25 Sep 2009
I agree with Paul regarding the consequential losses - it's money you've paid out in order to obtain your rights so should be refunded.

However, if they offer a new laptop of similar or better specs than the original one (presumably it would also come with a full 12 month warranty) then you need to seriously consider whether or not a judge would consider that £127 is a fair amount to pay for the time that your old laptop was working.

_________________
Please note: I am not legally qualified and therefore any postings I make are just my own personal opinion based on my experience of working for a number of years at a busy County Court.


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 11:11 am 
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Joined: Sun May 16, 2010 7:56 am
Posts: 23
Laptop Make: HP
Model: DV2535EA
Graphics Card: 8400M GS
Purchased From: Direct From Manufacturer
Amount Paid: 521
Date Purchased: 22 Nov 2007
Date Failed: 10 May 2010
Lapcure wrote:
They cannot refuse to refund your consequential losses and if they do then I would simply continue to court.
The replacement model of laptop is fine but you must ensure they also refund or costs, or alternatively allow the price to be added on to the replacement laptop - or in other words allow you to pick a laptop worth £127 more that the model they are offering.
What do you think?
Best wishes
Paul
The Admin Team


My view is that there has been a precedent set by others on this forum with HP Direct, that have had either a replacement or refund PLUS consequential costs for the engineers report / court fees etc as settlement, but can I use forum posts as evidence to either HP or the court?
Obviously not worth going to court if they are going to reduce the award down due to previous usage though.


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 3:06 pm 
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Joined: Sun May 16, 2010 7:56 am
Posts: 23
Laptop Make: HP
Model: DV2535EA
Graphics Card: 8400M GS
Purchased From: Direct From Manufacturer
Amount Paid: 521
Date Purchased: 22 Nov 2007
Date Failed: 10 May 2010
I've now been offered the DV3-2230EA as a replacement, just checking specs & likely ebay selling price (as I've already replaced my laptop when it went sick in May).
Anyone got any thoughts on whether they consider this to be an acceptable offer, bearing in mind no offer of refunding my costs in pursuing this claim so far?


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 4:44 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 6453
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 0
Hello Northender,

Well, the average price seems to be around the £640 mark so I would say that it represents an excellent offer.

If you consider your purchase price of £521 and your costs of £120 which equals £640 I would say given the fact that you have had 3 years use out of your laptop then their offer is very fair.

I would, if I were you, accept it.

I also think that the courts could consider your rejecting the offer as unreasonable. Even if they don't they may only offer you a refund reduced according to usage so you could end up in a worse position.

What do you think?

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 4:58 pm 
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Joined: Sun May 16, 2010 7:56 am
Posts: 23
Laptop Make: HP
Model: DV2535EA
Graphics Card: 8400M GS
Purchased From: Direct From Manufacturer
Amount Paid: 521
Date Purchased: 22 Nov 2007
Date Failed: 10 May 2010
I was thinking along the same lines, just need to check that it's new & not refurbished, as well as ensuring it comes with a 12 months guarantee.


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 7:38 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 6453
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 0
Hello Northender,

You do not want a refurbished model, only new will do!

Besides, I don't think that it will be refurbished - they wouldn't want to take the risk of another laptop failing on you.

Fingers crossed for you.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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 Post subject: Re: Failed DV2535EA
PostPosted: Wed Jul 21, 2010 9:26 pm 
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Joined: Thu Jul 16, 2009 5:43 pm
Posts: 175
Laptop Make: HP
Model: TX1138
Purchased From: High Street Store
Amount Paid: 600
Date Purchased: 31 Oct 2007
Date Failed: 30 Nov 2008
And if they let you keep the old laptop then sell it for spares and then you are £+

:-)

Ralph


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