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PostPosted: Thu Feb 16, 2012 9:02 pm 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
Hi everyone :nh

I'm glad I stumbled across this website as I almost sold my laptop on eBay recently. It's been sitting in the cupboard in it's case for 2+ years now! I l thought when it started playing up that it would be outside the manufacturers warranty and too costly to repair, which is why I didn't return it to Comet.

My main problem is that I can't say for sure when I started to experience the problem as it's been a while since I actually used the laptop. The first problem it developed was the wi-fi not working. Not knowing what the problem was I decided to update the OS to Windows 7. I do have the receipt, but not box, manual or reccovery discs. In the end I bought a Samsung netbook and the HP got put away in a cupboard and forgotten about until now.

I bought it in July 2007 and it cost £599.99. I have always been wary of "hard sell" sales staff trying to push over priced warranties, so I didn't get one. After I discovered this site I went to the Comet I purchased it from, armed with the original receipt. I followed the advice on here and explained to the young sales assistant that I wanted a refund or a replacement. He seemed confused, took the receipt and said he would need to talk to the manager. I could see them engaged in a lengthy conversation about it and instantly I knew this wasn't going to be easy. I actually showed the manager the problem with the laptop, turned it on, all the lights come on, it beeps 3 times (one long followed by 2 short) and then nothing is displayed on the screen. She basically said it would need to go away to be tested and it would cost £79 or somewhere around that price. I said that was no good and that I wanted the address for the head office, which I got.

I thought I would try ringing them first and they said that I would need to pay for it to be examined and that it would cost me £60 up front. I was given a reference number and told to ring HP directly on (08443) 690369.

Next, I took the template letter from here and sent it to H.O. on 3/2/2012. Here is the reply;

Dear Mr Pettitt,

I am sorry to learn that you are having problems with your HP DV6631EU (they couldn't even get the model number right!) notebook
computer, which you bought from us on 15 July 2007 and have noted your comments.

However, while goods must conform to contract (as described, of a satisfactory quality and
fit for purchase) at the time of sale, the Sale of Goods Act does not require that they should
remain so throughout their working life, as it is not the equivalent of a guarantee and
recognises that goods cannot always be expected to work fault-free. They can break down
through normal use and the Act does not hold the seller responsible for that. There needs to
be a fault that was present from the date of purchase.

If the goods were bought more than six months ago or at the end of any free voluntary
guarantee the retailer or manufacturer supplied with them, under the Sales of Goods Act it
falls on the consumer to prove the inhernet defect. If the consumer can do so, he might be
claim the cost of the repair or the cost of a similar replacement (for example if the
product is 50 months old when, the consumer would be entitled to the cost of buying a
similar, second-hand 50 month old appliance, but in full working order of course), as the Act
does not prove betterment.

Hewlett Packard identified a potential hardware issue, which only affected certain notebook
computers in specific model ranges and accepted full resposibility for this, thereby
satisfying the requirements of the Sales of Goods Act. They will therefore look at all such
issues on a case-by-case basis if the consumer can prove the computer suffers from this
defect. However, just because you believe your computer suffers from this defect because
you researched the symptoms on-line and have read consumer forums do not prove it is
inherently defective. Kindly note that as the Sales of Goods Act places the onus on you to
prove your claim, Comet will not reimburse any costs you incur in doing so.

In the absense of any evidence that proves the problem you are having with your computer
is caused by a manufacturing defect that was present from purchase, I therefore regret we
are unable to offer any assistance other than a chargable inspecting or repair.

I appreciate that this is not the response that you were hoping for, but I trust I have clarified
our position in this matter and am sorry to disappoint you.

Yours sincerely

D Lickless (Mrs)
Customer Services Department.


Has anyone on here actually managed to get a refund or replacement laptop out of Comet recently?


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PostPosted: Thu Feb 16, 2012 10:20 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Craig and welcome to our forum.

Sorry to hear that your laptop has failed.

Don't worry about the letter you have received as it is a standard template response and you should not be fobbed off by it.

The fact that Hewlett Packard have not admitted to the defect in your model of laptop is wholly irrelevant as there is a whole swathe of models that are failing with the defect yet are not on Hewlett Packard's "list".

There have been numerous success against Comet, the most recent being today - just take a look here:- post17159.html#p17159

Also, you should not let them fob you off with regard to the cost of the engineers report. If it is proved that your laptop is indeed inherently defective then the cost of the report is fully recoverable from Comet as a consequential loss.

Your next step is to obtain an engineers report which will either prove or refute the presence of the defect.

If you would like me to provide you with that then please let me know.

There is a step by step guide on this forum that will help you reach a positive resolution and that is here:- post13.html#p13

If you follow my advice in that guide then you will be successful.

I hope the above helps.

If you have any questions or if you need any advice then please let me know.

Good luck and 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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PostPosted: Wed Feb 29, 2012 1:59 pm 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
I have just raised a job for this as I now have the funds to have the report done on it. Can you tell me what sort of time the courier is likely to arrive?

RMA: 11010.

Cheers,

Craig.


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PostPosted: Wed Feb 29, 2012 8:16 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Craig,

I have now booked the courier and have sent you an email with further instructions.

If you have any questions then please let me know.

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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PostPosted: Fri Mar 09, 2012 10:38 am 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
I got my laptop back from Paul yesterday and have now sent off my 2nd LBA to Comet HQ :x


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PostPosted: Fri Mar 16, 2012 11:35 am 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
:! A result, sort of! They have offered a replacement, which is a much better spec than the HP one, however it does not currently appear on the Comet or PC World website, which makes me think that they might send me a refurbished unit. Has anyone accepted a Compaq Presario CQ57-366SA as a replacement and are they any good? Also, there is no mention of a refund on the engineers report, which I asked for in my letter to them.

Your thoughts, please;

Dear Mr Pettitt,

I am in receipt of your letter dated 08 March 2012 regarding your Hewlett Packard laptop.

Although I note your comments regarding the Sale of goods Act, as your laptop has worked for 56 months before reporting a fault we would consider it to have been of satisfactory quality when sold. However, upon full review of the matter, whilst I am unable to refund your current unit, I am able to offer an exchange to a Compaq Presario CQ57-366SA laptop.

Should you wish to accept the above offer, please contact me within 10 days and I will make the necessary arrangements.

In the meantime, please accept my sincere apologies for any inconvenience that this matter may have caused you.


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PostPosted: Fri Mar 16, 2012 11:57 am 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
I've just done a quick bit of research and the review on techradar is not great, inparticular the comment left by someone;

1. I bought this Laptop in December last year. It's got ruined in January 36 days after I bought it. Phoned up the support and they told me it has to be repaired at the factory because it's got a motherboard issue. I got a quote for the repair time as 7-9 days. They picked it up the very next day and the third day they changed the status of the laptop as repair delayed for some reason. I phoned them up to figure out what is going on and I was told I have to wait 12 of march for the new motherboard!!! (more than a month)
The lady said I know this is unacceptable and forwarded my call to the complaint department although I didn't ask for it.
Have a guess the complaint department told me that I have to wait next month and they can't do anything else.
So think before you buy any HP product because they can't afford any stock at the repair factory. (Flextronics at Manchester)
Neither can afford the "very" high delivery cost from China. I asked the complaint department what's the point to having your department if you can't resolve anything at all? This Company is just like a small dodgy cowboy builder entrepreneur with the cheap White old Ford Transit. How is it called? Gate warranty or something similar I think. You lose all the warranty after you got through on door.
This was the last HP/Compaq product in my life that is for sure!!!


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PostPosted: Fri Mar 16, 2012 12:12 pm 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
I have noticed that the replacement they are offering is on the "comet-direct" eBay store @ £349.99, but not on the main Comet site. I don't really want a replacement laptop.

Is it worth asking for a refund of £349.99 plus the cost of the engineers report instead, as I don't really want a replacement laptop.

If I refuse the replacement and then go to court will this go against me?


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PostPosted: Fri Mar 16, 2012 5:56 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Craig,

Comet have offered the same laptop to others in the past and some have accepted it. They haven't, as yet, reported back with any feedback on the laptop.

To be really honest with you I would be inclined to accept their offer of the laptop and would promptly sell it for the best price you can.

The reason I say that is because you have had the laptop for 56 months which is almost 5 years. This means that if you were to receive a pro-rated refund either from Comet or from the court then this would work out at just over 1/6th of the purchase price, which in your case would be a little over £120.

This would not really be a good resolution for you and it would actually put you in a worse position as you would probably have to go to court to resolve it. If you did that then the Judge "could" rule that you had acted unreasonably in proceeding to court and "could" disallow your court costs, which would not be a good result for you.

I would not worry too much about the review you have seen as you will probably find bad reviews on just about every laptop.

To be fair, their offer is pretty reasonable considering the age of your laptop and I would consider it a good result.

Of course, you could always ask for the cash equivalent and they will probably refuse, but it has to be worth a try.

I hope the above helps.

Any questions please let me know.

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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PostPosted: Sat Mar 17, 2012 12:06 am 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
Hi Paul. They are correct in saying that I had it 56 months before reporting a problem. It did fail before this though, but there is no way to prove it and because it was outside the warranty, I didn't think I could make a claim. I will give him a call on Monday to ask about getting a refund instead of the replacement. I wil let you know how I get on... :x


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