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Brand "New" laptop 1 month later no laptop. No money

Hi. I bought a brand new laptop at 24 of July. Original HP website.

Short story I get broken laptop with damaged and spare parts. Tomorrow it's 14 day since I send it back and 31 day since bought this laptop. I have no laptop no money. They give me each time different deadlines

My questions are
- Is it legal to sell laptop in UK as brand new with spare parts or used parts as they wear scratches.
- What if it's already 14 days since I return item and still didn't get refund can they be penalize? Plus 31 days since purchase (-3days of delivery)

I also wrote all detailed story. If you want to look into.

LONG STORY

Delivery I call them to ask if they delivery to NI. They checked my adress and confirm. Firstly. It turns out my delivery has no tracking number. And it was tricky enough to get home. Once I catch the deliver guy just gave the parcel to me. I said "I need signature". Delivery guy said don't bother I sign it already for you. 900gbp laptop without tracking number. And my signature done by delivery.

Unboxing Parcel wasn't damaged. But laptop has quit big scrach and one of radiator wings been damaged. Overall look odd. Because radiator must been damaged during assembling or it's used part. I send email with pictures. And I said I don't really mind these if they provide me warranty which cover this. So later on I will not be refused warranty because of this damaged. They didn't replay.

At 7TH he rest week later I came back from work with turn off laptop. Next day I switch on. But it freezed at black screen. So I try again this time managed to log in and it work long enough to notice that 50% if battery drain over night while laptop was off. I didn't have enough time to think about. Because it freezed again. Reset 3th and 4th attemps it just turn on and off after s second. 5th was a nail to coffin. Power led turn off and laptop died. I run all self repair instruction. Even though I know it will not help for 99% chance. RIP

Replacement or Refund? How about nothing
I contact with HP and explain what happened. And asked them what would be faster replacement or refund. I point it out its very important for me to get laptop asap. They did Replay with copy and paste answer next day. No reference to my question. So I call customer service. They told me I should get a new one 3-5 days once I send old one. Ok so I asked for replacement. I waited two days to pick it up. Just day before it was picked up. I read manual how to open laptop to get my personal files out if SSD. It turn out battery which was inside has label with "spare part" for repair. I was triggered. Because all made sense to me at this point. Laptop was collected and send back. I didn't get tracking number or any information at all


Brand new/used/refurbished same thing ?
Once I find out my laptop has a spare part in it and had damaged inside and outside. It was used or refurbished laptop. I contact with HP . And said I was sold used laptop. They said they don't sell used. They asked me for proof. I send then a picture with serial number and description of spare part. Then they said it's ok . We use spare parts. I ask then to point me out where in their terms or policy said they used spare parts for brand new laptop. Then they change mind and said they actually don't know about legal staff. And turn me away saying that they will ask a right department to find out and let me know. Ofc they never contact with me. And will not.

Week later it's been 5th day since laptop been collected. Got eMail which confirm return and say your new laptop will be send shortly. I Send email because refund and replacement can be only reached by email avarage time for replay it's 24-48h or never depends on question. I get email back they said they don't know if they have my old laptop back. I said I was told 3-5 days for new one and you telling me at 5 you don't even know what about old one. I asked next day when I get new laptop if it takes so much time I would like ask for refund then. I was ignored. So I send next email in which no ask to change replacement. Then I get confirmation of refund and said 8 days for refund to reach my account. I was super angry ,7 days later gave me another 8 days. I call customer again. I said you told me 3-5 and after 7 I get another 8 days. He said don't worry you should get money next day max 2 days. After 6 days or so I get another email which said I gonna get money in another 8 days. Now it's 5 day at Friday it's 14 days since I return Laptop. And I guess I will not get this month at 14 day.
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Comments

  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
    1,000 Posts Second Anniversary Name Dropper
    They are probably conducting an investigation as your behaviour is increasingly erratic and you used the laptop, despite it arriving damaged...
  • soolin
    soolin Posts: 74,440 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 22 August 2019 at 8:05AM
    They are probably conducting an investigation as your behaviour is increasingly erratic and you used the laptop, despite it arriving damaged...

    I agree, so much doesn't make sense.
    Just day before it was picked up. I read manual how to open laptop to get my personal files out if SSD

    I'm not a techie but even I know you don't need to physically remove files from a laptop and by opening it to fiddle around (or perhaps even for other reasons) any warranty is likely to be invalidated.

    I must also say that several other bits sound unlikely and OP I wonder if you are misinterpreting what you hear and what you understand, it may be a language thing if English is not your first language. This statement for instance
    Then they change mind and said they actually don't know about legal staff.

    If they have said you were going to get a refund have you checked properly? How did you pay, if it was a card for instance have you checked online statements to see if it has been credited back and showing as a credit in your balance - or even as a pending credit?

    EDIT: I noticed from your other thread that you have issues finding a bank account that suits your needs - so how you paid for this is really rather an important question as if there is any possibility that this refund had to go back to a non UK payment source it may still be caught in the system.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • The "HP Spare Part" label you are seeing is the reference to the part number in case it needs replacing, it doesn't mean it is 2nd hand or refurbished.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    < radiator wings been damaged>
    What is a radiator wing ???


    How can you use a broken laptop ??


    Spare parts if you buy a part it is new or do you mean a used part ??


    Looks to me as if HP are investigating the whole farago for theft or fraud .
  • Zardrian
    Zardrian Posts: 12 Forumite
    Tech stuff. You need to physically remove ssd it HDD to restore files and overwrite. Laptop died it was not possible without opening. You can open most laptops these days. To change ssd HDD or memory. I also call them and ask them to confirm that. Plus they can't tell if I opened or not. Seal is only on GPU and CPU.

    English isn't my first language. Yes its not. Tho that's not good enough reason to hold up all refund procedures. And provide me false just because you think I'm not native English speaker. So I might not understand. If they have concerns about my understanding. Or about laptop it self. Fine by me. But they should tell me so. By disinformation they caused me a lot of inconvenience.


    Payment I have two bank accounts. One UK one Polish tho not for long I suppose. But That's completely irrelevant and that's just over-interpretation. I paid with UK debit card. Money was taken off my account. Nothing extraordinary. Yes normal bank account Ulster bank.co.uk. Yes legal money. Not stolen card. My name. GBP.

    Spare part it's on battery. Spare parts are for repair or replace previous broken part. Fact they used spare part. Means laptop was faulty. To be find out faulty had to be used. If it was faulty can't be sell as s brand new. Outlet laptop are often in sell in shops that been found faulty and fixed. For reduced price. That's why most people tend not to buy it. Because replacement of battery might be just side effect of different issue. Indirect caused. Exactly like in my case. That's not serial number -_- I can't upload or link images here but I have photos. On battery "replace with HP spare part" so spare part. HP comment this "that's ok" when I asked them it's that's official stand. I get degative answer. Excuse to explain was "we don't have proper documents" to answer this question. Tho they reported this to investigation team to find out what policy they have. Most likely get answer later. Once US HP department contact with them after my complain

    Radiator Wings that's just radiator. I don't know how to explain. Those thin parts.They can be easily bend. Tho it's hard to do it during transport or normal use. But very easy while assembly or dissemble. And no I couldn't do it. I would need to broke seal to get to it. I can't upload or post link to photo. So cant show it

    Fraud
    I don't know where is logic in it. I don't see any benefit. Buy laptop to break it. When warranty nearly over yes there is logic. 6 days after receiving it? Doesn't make sense. But I might not see it. Please point me how I can benefit from it I'm anyway

    They refund me money today. And I ordered again exactly the same laptop from HP -_- and they did already change delivery date hope that's last time. Fingers crossed

    I think I covered all your suspicious forward non native English man.

    Still looking for answers regarding actual law within UK.
  • soolin
    soolin Posts: 74,440 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 22 August 2019 at 11:34PM
    Tech stuff. I'm not a techie and to me opening a laptop seems rather more then usual 'use' and even though you are returning it as faulty you are still expected to take care of it and not misuse it in any way.

    I mentioned the language as it might mean things get misinterpreted , idiosyncrasies can often get muddled and you may have misunderstood the tone of some things that were said.

    Paying by debit card is good , the refund if made should go back into your associated bank.

    Spare parts doesn't mean second hand or faulty at all, this is an example of a difference in language interpretation. Your battery will have a spare part number on it so you know exactly what to buy when you want to replace it.

    Sorry I still don't know what radiator wings could possibly be, this is almost certainly more my fault than yours as I'm not techie at all.

    Having said all that though this does leave 2 alternatives, either your refund is taking a lot longer than they would normally expect, or it is being held as they are still checking the condition of the returned laptop.

    As for the law, retailers are expected to refund or replace a faulty item, however there is a requirement that the item can't have been misused or suffered accidental damage (unless that is specified in any insurance you have taken out separately). The retailer is perfectly entitled to check the usage and condition of the laptop before refunding or replacing.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Zardrian
    Zardrian Posts: 12 Forumite
    Opening laptop was the only way to get my data back. HP provide Manual for laptops. With pictures and explanation how to do it. I didn't open with intention to fix anything. I simply took ssd to get my data and overwrite. So nobody can access to my personal files.

    I don't know how I misdinterpreted. But replaced spare part. For me it's self explanatory. During assembling a new laptop. It's each parts. Like CPU GPU battery and so on. Has to be tested. Simple Because it cut cost of redeliver from customers who get faulty unit. Not because they care. So battery must been tasted like other parts before. If was found faulty they need to use other battery "not spare" one to assembly. Tho it's not likely. If they found that laptop is faulty they would check all parts. So motherboard would be checked too. Spare battery when motherboard is faulty. That's happen after assembly. Once laptop was send back by customer. Most logical explanation. And this kind of practice been already confirmed.

    Here is where I get my I'm suposions even more. Why they refused to confirm. They can use spare parts. For brand new
    Already said Spare part in new Laptop. Not likely.

    Why radiator is damaged and there is scratch on bottom.

    For people who have experience with industry. It's obvious they try resell faulty laptop. But because they don't have experienced technicians they didn't detect flow. That's why also it takes so long for them to find if laptop was faulty or it was my.

    It happens before I know such situations. But never seen such response. Usually they give apologies and offer discounts or extended service.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Unless the laptop is water-cooled (probability verging on zero) then it won't have a radiator. Do you mean heatsink?
  • Spank
    Spank Posts: 1,751 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    The reason why the battery has that label is because hp want you to use there own battery rather than a generic one.

    One of the first things they would do to your machine is wipe the hdd (gdpr rules) so it wa pointless doing it yourself
  • dekaspace
    dekaspace Posts: 5,705 Forumite
    I've been Money Tipped!
    To try and help, many laptops have a heatsink design that is a metal bar with "fins" on it, the fan pieces are often called "wings" but I'm not sure which part OP is talking about.
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