HP G5000 Laptop Return Question

[KPRHERO]

I brought a HP G5000 laptop in June 2007. It was faulty and I returned it within two weeks for it to be repaired.

 

Fast forward to a week ago, and I turned my laptop on, it said the battery was totally drained, even though it was plugged in all night, so I left it for an hour, I came back and turned it on, it came on, loaded, and then just after finishing the loading process the battery warning light came on and it switched off.

 

I presumed it was the battery, so I rung HP who said I would need to buy a new one as it was out of warranty, but I could still use the laptop by plugging it into the mains, alas though no I couldn't and the hard drive componants had failed according to thier tech guy, the laptop is screwed.

 

They told me to go back to Comet where I brought it, the head office for comet told me take it back to the store, they would take a look at it for 49.99, and if it was the hard drive componants, then they would replace the laptop for something of equal value, or repair it free of charge.

 

I took it back to the store, and they said they couldn't do this as the person instore didn't know how to, and I would have to come back tomo when the correct guy was in, but according to a guy from thier comet oncall service that the lady instore spoke too, I wouldn't get a replacement without getting additional charges, which isn't what the head office said originally.

 

Now I know the EU rule is up to two years to return it, but I read that if you can prove the laptop was faulty when I purchased it (which I can), then I have up to six years to return it under the sale of goods act?

 

The thing is, I have never had a reason to not use the battery, so I didn't really know if the laptop was still faulty when it came back.

 

I plan to speak with the comet head office tomo, and I am thinking that I tell them I want them to replace it, but can anyone help me with specific sale of goods act info that I can throw at them?

 

The laptop also blew my external hard drive as well, I lost over six years of stuff, and a 100 page document for my charity website being launched in six months. I have to start again, and I am seriously unimpressed.

 

UPDATE:

 

I found the old paper work for when I returned the laptop originally and it was an audio problem and it was quality checked then and passed. So does that blow any claim out the water?

Edited November 3, 2009 by KPRHERO

[human.error]

They'll take the £49.99 'fee' from you first, then after inspecting the laptop they'll tell you the following.

 

Batteries are considered 'consumables' and therefore are NOT covered by the warranty.

 

Data is YOUR responsibility to backup. If you choose to NOT backup that data and lost then you have a problem. How about getting the data retrieved, or put the drive into a drive caddy and then see if your new computer can pick it up, it maybe a case of just having it recognised and then copying the data off of it.

 

The good news however is that generally speaking, unless there's a significant power surge then the laptop should work ok. Even if there had been a significant power surge in your property then the harddrive should have been protected by an inbuilt surge protector which will have been on the laptops motherboard, so you may wish someone 'authorised' to look inside your laptop takes a look, then gives you a report which you can then present to Comet. Otherwise they'll just take your money for the 'inspection' and tell it must have been something you've done. Or they may give you some kind of discount on repair.

 

If I were you, I would persue the fact that some kind of power surge took out your laptop, there should have been something inside that protects your laptop and prevents that from happening.

 

I wouldn't have thought that you had previously had a problem with the audio of the laptop had anything to do with things, though it depends upon what nature of the problem was and what action the repairer took to repair it. He could have needed more space for instance and removed something he considered pointless like the surge protector, afterall why would you need one we have nice clean power supply in the UK, nothing ever goes wrong.... so find someone authorised to go into the laptop and who can give you a report at the end of it.

 

HTH

[KPRHERO]

UPDATE:

 

I have to say I am actually pretty impressed with the way Comet are handling my complaint.

 

I called the Head Office this morning, and spoke to a really nice girl, I explained the problem, and even that the original repair wasn't for the same fault, and SHE informed ME that as far as Comet are concerned if there is a major fault with the PC or Laptop within 6 yrs then they will replace, repair, or refund the cost, as they deem this to be a reasonable amount of time under the sale of goods act.

 

She then wrote a long email to the store manager at Torquay explaining everything we had said, and put forward the suggestion in the email that if I brought the laptop instore and their tech guy could see there was a major fault ie: Like it not turning on, then to offer me a refund rather then go through the repair route.

 

She then said I should hear from the store manager by 10am explaining what she was prepared to do, based on the advice from head office...

 

You got to admit, that is pretty fair of them, I expected a lot more of an arguement with them, even if they repair it, its still pretty good that it could happen.

 

I guess its now time to wait until I get a phone call from them.

[KPRHERO]

Update:

 

So I waited and then ended up going to the store. It got pretty ugly, but now they seriously got my back up.

 

I spoke to Consumer Direct, and The Office of Fair Trading, and we ended up agreeing to send a letter via recorded delivery, but I have sent an email first as the laptop is in for inspection.

 

The letter is below:

 

REF: SALE OF GOODS ACT 1979.

 

To Whom It May Concern, & The Managing Director,

 

I am writing in reference to a laptop I brought in October 2007. It is a HP G5000, and it has been sent for inspection via the Torquay Store of Comet to your repair centre (it was sent on the 04/11/2009).

 

I had an issue with the laptop when I first brought it, and then last week I tried to turn on the laptop, but it said the battery was drained, even though it was switched off and connected to the mains. I left it for an hour, came back turned it on, it loaded, until the homepage, and then a warning light came on, and it switched off again. It hasn't been able to turn on since.

 

I thought it might be the battery, so I rung HP, and I asked their technical team about it, after they advised me to take the battery out, the laptop still did not work with just a mains connection as it should do (this was the first time I had heard of this feature as I had never needed to remove the battery). They advised me it was a hardware component failure, and it was not thier issue to deal with, but it was Comets, and to go back to yourselves.

 

I spoke to someone in your head office (I did this twice to confirm what I was told) and was advised me that I should take it back to the store, and for £49.95 they would inspect it, and if found to be faulty they would replace, refund, or repair the laptop free of charge under the terms of the sale of goods act 1979 as it had not lasted a reasonable amount of time. The people I spoke to were from the Hull Head Office, and they even said 6 yrs was what Comet classed as reasonable.

 

However, I took it back to the store, and Julie (a manager) told me that she couldn't deal with the request as there was not anyone who knew how to deal with it, and to come back tomo once I knew who I spoke to at head office. They would then refund the cost of any bus tickets as a thank you for the return visit.

 

Now in the meantime I have an external hard drive (A western digital 500gb external harddrive brought from PC World around 18months ago), it had been connected to the laptop at the time it died I took it to my brothers pc, it didn't work. I looked on three other laptops, and after a friend looked at it who knows a little about computers, he confirmed that the hard drive had been damaged beyond repair due to the defect with the laptop. This meant all my backed up files are now lost and I am a further £89.99 out of pocket.

 

I spoke to a lady named Claire at your Hull office, who basically said I should take it back to the store, they would inspect for the £49.95 as previously mentioned above, and it would be repaired if found to be faulty. We also agreed that she would ask the store manager if they could look at an immediate refund if the tech guy instore could see that it was damaged beyond repair, but this would be at the discrection of the store manager so not to get my hopes up. She was going to send them an email request which she said to call back after 10am to get a response if I had not heard from the store.

 

I waited till 10am, and did not hear anything, I spoke to Michael at the store (another manager), and he told me he had not received the email, so I decided to go back to the store and deal with this in person, as I felt it was the only way to resolve the issue.

 

I took the morning off work, I returned to the store, and I told the manager what I had been told. This time I spoke to Michael, as Julie was apparently too busy to talk to me. We had issues getting hold of Claire from the head office too, and after almost two hours of being passed around both instore by the management team, and by your head office, we finally got through to Claire only for her to say she never mentioned that the laptop would be repaired without costs involved if it was found to be faulty.

 

You can understand my frustrations at this point, and after speaking with another person from head office I have now agreed to put the laptop in for inspection (Order number 16003293, transaction number 3276), and Comet would advise of thier position once the laptop has been inspected.

Now I have spoken with The Office of Fair Trading, and Consumer Direct, who informed me that I was covered under the sale of goods Act 1979 to ask for a repair, replacement, or refund, if the product is found to be faulty, as it has not lasted a reasonable period. They have also advised me that due to the defect with the laptop, I incurred a loss of my hard drive which was of £89.99 value, and that I could request this to also be added to the value I feel I am owed.

 

I have met the requirement for me to prove the laptop is faulty by paying Comet to inspect it, I also have the original repair order documents to back up my claim of the laptop being faulty when first purchased, and the original reciept for the cost of the laptop when brought instore.

 

I wanted to put in writing what I feel is reasonable, and to ask that someone takes over the dealing of this issue so that I can be refered to a single point of contact, as it seems the interaction between the store, and the head office is simply not good enough.

 

I feel that if the laptop is NOT repairable then I would look for a store credit to the full value of the laptop, which I will then buy a new laptop with from your store. I would consider this as me meeting the company half way as I would not pursue the cost of my hard drive, and the costs invovled with loss of work, and travel should this be agreed.

 

However if the laptop IS repairable, then I would look for the cost of the hard drive to be put into store credit so that I can buy a new one.

 

I am willing to take this matter to court, however, I feel under the circumstances, we could resolve this without the need for court action, and would welcome someone contacting me on 07906995129 (between 12:30-13:00pm), or on 01803 393289 after 5.20pm to discuss this matter further, and to come to an arrangement that will be honoured by both parties.

 

If I do not get a response within seven working days I will re-send this letter via recorded delivery, and will look for a response that way, however I do feel we can come to an arrangement.

 

I have kept a record of this letter, including the time, and date it was sent, and I have also made notes in regards to the interactions between myself, the store and head office, and have all the previous paperwork as mentioned above.

 

I look forward to hearing from you soon in regards to this matter.

 

Many Kind Regards,

 

Tim Knight.