Laptop faulty for the 4th time - John Lewis

Rayjw

Hi all, just wondered if I could get some advice regarding my faulty HP Pavilion DM4 3000ea Beats Edition.

I purchased this laptop in September 2012 from John Lewis, since owning this laptop the fan failed within the first 7/8 months of owning the laptop (CPU temp was running at 98degrees). John Lewis took the laptop in for repair and it was returned.

The fan failed again, a few weeks before the 2 year warranty. John Lewis sent my laptop off again for repair. The repair took over 3/4 weeks which took me past the 2 year warranty mark. A week after receiving the laptop I plugged in the charger; the laptop became incredibly hot, to the point I was unable to touch it. A strong burning smell and smoke was coming from the cooling exhaust, and the VGA port was very hot.

I then take the laptop back to John Lewis and they initially tell me that the laptop is out of warranty. After a long discussion with customer service they agree that because it was so close to the end of warranty date they will cover it. I asked if I could have a replacement of equal spec or some money back, to which they said they have to send it in for repair and then its up to the engineer whether it makes more sense to issue a refund. I wasn't happy with this in case it happens again. (They replaced the internal components of the laptop and heat-sink and fan)

Laptop fan has now gone again, Is there anything that I can do? Sales of goods act etc? The laptop was purchased on credit card, I am incredibly unhappy with the quality of repairs.

Thank You.

System

Sales of Goods act covers you beyond the warranty, however getting it to work for you can be more difficult.

The first thing to do is ask them to fix it again (in writing) and if they say no you may ultimately have to go to court to get a result.

Your credit card company may also be an option: http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

shaun_from_Africa

There's one thing that could have an impact on your rights.
All of the problems you've had seem to relate to overheating problems and I was wondering how you actually use the computer.

If you were literally using the computer as a "laptop", (HP actually describe it as a Notebook PC) the airflow into the unit could have been seriously impaired, leading to the problems described.

Rayjw

Update:

Called John Lewis High Wycombe, explained previous faults and the lady arranged a pick up time, I asked if I would have to pay anything and they said no.

Week later get a call saying that the heat sink and fan need changing again, and that I would have to pay £97 for the repair after previously being told it wouldn't cost anything.

Mentioned sales of goods act and they said the product has to be inherently faulty to fall under the SoG act. My research says otherwise. Any help regarding this matter would be appreciated.

bod1467

Wear and tear faults are not covered under SOGA. They are right that they are liable for faults that are inherent, but not those that aren't. The issue comes with determining whether a fault is inherent or not ... after 6 months the burden of proof falls on the buyer.

JL (rather the manufacturer/the repair agent) are saying the fault is not inherent; if you disagree then you'll need to get the laptop back and get your own engineer to inspect it and make an assessment. (No guarantee that he'll find for you). If he does, then JL would be liable for the cost of the assessment.

HOWEVER ... at this point you'd have competing assessments. Ultimately you may need to initiate court action to enforce your belief that you are right - a judge would decide on the balance of probabilities. (Past history of issues may lean in your favour).

Rayjw

But ultimately they entered an agreement that the repair would be covered, this is recorded as they had to refer back to the call. They stated that the employee made a mistake. Does this not give me a case without going through small claims?

unholyangel

Rayjw wrote: »

But ultimately they entered an agreement that the repair would be covered, this is recorded as they had to refer back to the call. They stated that the employee made a mistake. Does this not give me a case without going through small claims?

They can't enter into a contract for the repair if you haven't paid anything for it - a valid contract requires consideration (which must not be past and must be something of value).

However they should return it to you at their expense if you decide not to go ahead with the chargeable repair.

I'm with others though...it sounds like it could possibly be user error rather than an inherent fault. How often do you clean the laptop out (ie open the chassis and clean the fan etc)?

chickendipperbabe

I know recent HP Laptops aren't the quality they used to be but I've not come across a machine that's gone through four cooling fans. Tried a bios update? regular cleaning of the air intake/vents is also very important, air dusters are very cheap.

Firstly you should realise if John Lewis do refund, it wont be for the full amount you paid in 2012 - you've had nearly three years use of the machine and that will be taken into account so a partial refund should be expected. This would also be the case if it went to court.
John Lewis are pretty reasonable from personal experience, it all depends on your attitude with the call handler.

enkoda

Rayjw wrote: »

(They replaced the internal components of the laptop and heat-sink and fan)

Laptop fan has now gone again, Is there anything that I can do? Sales of goods act etc? The laptop was purchased on credit card, I am incredibly unhappy with the quality of repairs.

Thank You.

I'm assuming here that by "internal components" you mean the motherboard?

IMO if the motherboard has already been replaced and the same problem keeps happening, it indicates a design flaw, which by default, is inherent.

Marktheshark

I think you would have no trouble getting a judge to agree a laptop that has been repaired 4 times with the same recurring fault .
In the sale of goods the term Inherent is the legal term.
Meaning "born or created with"
After 4 attempts to fix the same issue I think it is more than fair to argue it was badly made.

Ask them what will they do if you refuse to pay this fee.
Hopefully they will say we wont repair it.
In which case I would instruct them to keep the laptop and you will issue an Immediate Letter before Claim by certified post for the purchase price and unless it is refunded the matter will be decided in the county court.

mije1983

Marktheshark wrote: »

issue an Immediate Letter before Claim by certified post for the purchase price and unless it is refunded the matter will be decided in the county court.

However, the chances of the OP having the full purchase price refunded are slim after more than 2 years, and the SoGA allows for a partial refund.