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 Post subject: DV9565ea from Laskys
PostPosted: Sun Mar 28, 2010 1:48 pm 
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Joined: Sun Mar 28, 2010 12:11 pm
Posts: 4
Laptop Make: HP
Model: dv9565ea
Graphics Card: 7600 GO
Purchased From: High Street Store
Amount Paid: 740
Date Purchased: 01 Oct 2007
Date Failed: 01 Feb 2010
Firstly thank you for the effort with this website which is really very useful.

I purchased my HP Pavilion laptop from Laskys at the end of September 2007 and my computer failed this February following the typical symptoms. A local computer company repaired the PC and supplied an engineers report noting the graphics chip had failed due to an inherent design fault.

I initially took this up with HP but was quickly escalated to a case manager who told me there was nothing they would do and recommended I spoke to trading standards. Trading Standards advised me to take this up with Laskys who initially told me there was nothing they would do but left a voicemail asking for an engineers report to prove the fault.

After sending this through together with web print outs detailing the many other people with the issue Laskys have sent the following reply:

'Please be advised that goods can break down through normal use. Consequently the Sale of Goods Act does not provide for repairs for faults that were not present at the time of purchase, as buyers cannot expect to hold sellers responsible for fair wear and tear. There needs to be a fault that was present on the day of sale, even if it only becomes apparent later. After six months from purchase it is for the buyer to prove that the fault was present at the time of sale. If that buyer can do so, he/she may be entitled to damages, which would normally be the cost of the repair.

Please be advised that this engineer report does not confirm that this fault is inherent, and HP has not acknowledged that this fault with your appliance is inherent either. Therefore we cannot take your claim under the Sale of Goods Act any further.'

Note the engineers report clearly stated the fault was a design fault.

What do suggest my next steps are?

Many thanks!


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 Post subject: Re: DV9565ea from Laskys
PostPosted: Sun Mar 28, 2010 2:27 pm 
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Joined: Fri Mar 26, 2010 7:15 pm
Posts: 3
Laptop Make: HP
Amount Paid: 0
omg... i have the same laptop as you.


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 Post subject: Re: DV9565ea from Laskys
PostPosted: Sun Mar 28, 2010 7:42 pm 
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Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6904
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Londonhpdefect and welcome to our forum.

Sorry to hear of the problems you are experiencing with your laptop.

I always advise member to ignore 99% of what the retailer tells them as most of what comes out of their mouths is incoherent rubbish.

Please could you let me know what it says in your engineers report so that I can see if what is documented is sufficient to win your case. You can remove any identifying details but it would be interesting to see what the engineer has put.

It is a tactic used before with retailers where they argue semantics but it is not one that will win the day for them in court.

There is a step by step guide available in this forum showing how to successfully secure a resolution and that is here:- post13.html#p13

If you can let me know about the report I will advise further.

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: DV9565ea from Laskys
PostPosted: Sun Mar 28, 2010 10:45 pm 
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Joined: Mon Sep 28, 2009 3:16 pm
Posts: 422
Laptop Make: HP
Model: G6000
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 399
Date Purchased: 01 Mar 2007
Date Failed: 25 Sep 2009
Quote:
'Please be advised that goods can break down through normal use. Consequently the Sale of Goods Act does not provide for repairs for faults that were not present at the time of purchase, as buyers cannot expect to hold sellers responsible for fair wear and tear. There needs to be a fault that was present on the day of sale, even if it only becomes apparent later. After six months from purchase it is for the buyer to prove that the fault was present at the time of sale. If that buyer can do so, he/she may be entitled to damages, which would normally be the cost of the repair.

Please be advised that this engineer report does not confirm that this fault is inherent, and HP has not acknowledged that this fault with your appliance is inherent either. Therefore we cannot take your claim under the Sale of Goods Act any further.'


That look just like the rubbish that Comet send out

Whoops, I nearly forgot - Laskys areComet :roll: Just think, you've probably got the fun of the work experience lad writing to you to come :lol:

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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: DV9565ea from Laskys
PostPosted: Tue Jul 13, 2010 1:30 pm 
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Joined: Sun Mar 28, 2010 12:11 pm
Posts: 4
Laptop Make: HP
Model: dv9565ea
Graphics Card: 7600 GO
Purchased From: High Street Store
Amount Paid: 740
Date Purchased: 01 Oct 2007
Date Failed: 01 Feb 2010
After much to-ing and fro-ing with Laskys and the submission of my court documents Laskys / Comet have finally agreed to settle the case at the 11th hour using exactly the same formula as on the other cases - taking into account the age of my laptop. I have agreed to this as it is fair although it has not taken into account all of my time they have managed to waste. They even managed to say sorry on the letter accompanying the cheque.

Many thanks to Paul for running this forum - I have followed the advice shown at every step and it really is spot on.


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 Post subject: Re: DV9565ea from Laskys
PostPosted: Tue Jul 13, 2010 6:21 pm 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6904
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Londonhpperfect,

Well done on your success :! :! :! :!

It is a shame that you had to go through all the hassle only for them to settle at the 11th hour but at least you got there in the end.

Thank you also for your kind word - much appreciated.

Good luck and best wishes for the future.

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: DV9565ea from Laskys
PostPosted: Sun Sep 05, 2010 3:58 am 
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Joined: Sun Sep 05, 2010 3:44 am
Posts: 9
Laptop Make: HP
Model: DV6331eu / GH783EA#ABU
Graphics Card: 7200 GO
Purchased From: Website Sale
Amount Paid: 0
Hello guys,

First, I'm very glad I found this forum as I've been experiencing problems with my laptop as well. I spent whole day looking for various info on how to fix this and that as it looks like my laptop is showing most of the major symptoms at once i.e. Wifi not detected (this started a week ago), fan constantly running, battery not charging etc. I bought it in July 2007 and after 6 months experienced black screen symptom. Went through the usual process of calling India Customer Service listening to all this bollocks of updating bios, resetting CMOS etc. :) Eventually they sent a courier, replaced MB and sent it back. All was fine until a week ago (i wasn't using it much anyway) where the WiFi adapter disappeared.

I have sent an email to Laskys asking for a refund and referring to the Sale of Goods Act and Consumer Right Directive that say I'm can claim against them for a period of 6 years from the date of purchase. Just to speed it up a bit ;)

We'll see what happens.

Good to have forums like this because many people don't know their rights and retailers and manufacturers take advantage of it. Well, they're probably not familiar with consumer right either :lol:

Take care


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 Post subject: Re: DV9565ea from Laskys
PostPosted: Sun Sep 05, 2010 10:55 am 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6904
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Djkprojects and welcome to our forum.

Quote:
Good to have forums like this because many people don't know their rights and retailers and manufacturers take advantage of it. Well, they're probably not familiar with consumer right either


I agree with you there.

From experience most of the staff working in the Customer Service departments of some of the high street retailers have absolutely no idea of the Sale Of Goods Act or Consumer Rights.

I like to think that this forum empowers and inspires customers such as yourself to take up the battle with the retailers and to fight for your rights.

If you need any help or advice along the way 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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 Post subject: Re: DV9565ea from Laskys
PostPosted: Sun Sep 05, 2010 2:05 pm 
Offline

Joined: Sun Sep 05, 2010 3:44 am
Posts: 9
Laptop Make: HP
Model: DV6331eu / GH783EA#ABU
Graphics Card: 7200 GO
Purchased From: Website Sale
Amount Paid: 0
Hello Paul,

Thanks for your help. That's most apperciated.

I have a question: "If they agree on a refund etc. and ask me to send the laptop back then do I need to send the original box and CDs as well?". I'm asking because i haven't got these with me as left abroad :)

Also I have found an interesting summary of Sale of Goods Act and thought I might share it with you:

Q1. What is an inherent fault?
A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.

Q2. Do I only have rights for 30 (or some other figure) days after purchase?
No. Depending on circumstances, you might be too late to have all your money back after this time, but the trader will still be liable for any breaches of contract, such as the goods being faulty. In fact, the trader could be liable to compensate you for up to six years.

Q3. Are all goods supposed to last six (or five) years?
No, that is the limit for bringing a court case in England and Wales (five years from the time of discovery in Scotland's case). An item only needs to last as long as it is reasonable to expect it to, taking into account all the factors. An oil filter would usually not last longer than a year but that would not mean it was unsatisfactory.

Q4. I know I can demand my money back within a "reasonable time" but how long is that?
The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

Q5. After the "reasonable time" has passed, what can I do?
You may seek damages, which would be the amount of money necessary to have the goods repaired or replaced. Frequently retailers will themselves offer repair or replacement. But, if you are a consumer (not making the purchase in the course of a business) you have the statutory right to seek a repair or replacement as an alternative to seeking damages.

Q6. Is it true that I have to complain to the manufacturer?
No. You bought the goods from the trader, not the manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent).

Q7. Do I have to produce a receipt to claim my rights?
No. In fact the trader doesn't have to give you a receipt in the first place so it would be unfair to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc., and this should be sufficient.

Q8. Can I claim a refund on sale items?
It depends on why you want to return them. The Sale of Goods Act still applies, but you are not entitled to a refund if you were told of the faults before purchase, or if the fault should have been obvious to you. Also, you are not entitled to a refund if you simply change your mind about liking the goods.

Q9. Must I accept a credit note instead of a refund?
It depends on why you want to return the goods.

• If you have changed your mind, then the shop doesn't have to do anything.

• But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note

• If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.

• If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

Q10. What can I do to claim damages or if the retailer will not honour my rights?
The Small Claims Court procedure provides the means to bring a claim, for up to £5000 (in England and Wales), at modest cost and without the need for a solicitor. Your local Citizens Advice Bureau can advise on how to make a claim.

Q11. The retailer has said that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?
Yes, and vice versa if you request a replacement and this is "disproportionately costly". However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead.

Q12. Neither repair nor replacement of the goods are possible. What can I do?
You may either pursue the old route of damages or a partial or full refund. Probably either would give you exactly the same amount of money. You would seek a full refund in scenarios such as those where you had enjoyed absolutely no benefit from the goods. If you had benefited from them then you would seek a partial refund as a fair remedy. This is exactly the reasoning that would be employed if you sought damages.

Q13. What does the "reversed burden of proof" mean for the consumer?
It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.

In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.

This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.

Q14. Where can I get further advice?
Contact Consumer Direct at: http://www.consumerdirect.gov.uk (Tel: 08454 04 05 06). Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

Have a good day :)


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 Post subject: Re: DV9565ea from Laskys
PostPosted: Sun Sep 05, 2010 3:35 pm 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6904
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Djkprojects,

Thank you for that very informative post. I think I will copy and sticky it for all to see as I think it covers a lot of points.

Quote:
I have a question: "If they agree on a refund etc. and ask me to send the laptop back then do I need to send the original box and CDs as well?". I'm asking because i haven't got these with me as left abroad


No, the original box and CD's are not necessary as they cannot have expected you to keep these after the initial 12 months warranty has expired.

If they are offering to collect the laptop you should ask them to provide some packaging.

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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