Section 75

Korky1821

My HP Laptop screen hinges are broken. It would appear from researching online to be a common fault. HP issues a recall in 2008, so I believe that they knew about the defect, but continued selling the products, misleading and deceiving consumers about the value, quality and durability. The laptop was purchased in Nov 2019, so is out of warranty, and they will not accept responsibility, instead offering a cost to repair (and from further forum posts, would appear at extortionate repair costs).

I contacted my credit card company (via online chat) to dispute the transaction. They stated as it's out of warranty then there's nothing they can do. As soon as I mentioned I'm entitled to reclaim under Section 75, the chat was suddenly cancelled (not by me) and my ticket was closed

Where do I stand on this? Under section 9 of the Consumer Rights Act 2015, states "goods must be of a satisfactory quality", with durability being one of the aspects. Therefore, I would expect a reasonable period of durability for a laptop to be more than 18 months. Every other laptop I've owned has lasted 4/5 years and only replaced due to technology changing

I keep going around in circles with HP, keep getting directed to their support webpage and when I do contact them (via online chat), I get the same response as above. I did find an email address, but again, their response directed me to the support page

Any advice or links to the correct source for complaint would be welcome 

JJ_Egan

Did you buy from HP , CR applies to the vendor .

Sandtree

Who did you buy the laptop from? Your CRA rights are against the retailer not the manufacturer. If you paid the retailer directly with a credit card (ie not via PayPal or such) then those rights are mirrored to the card issuer. 

Either take it up with the retailer (unless you bought it direct from HP) or put a complaint in to your card issuer for not dealing with your S75 claim appropriately.

Almost certainly the bank will want an engineers report on the hinges to say they aren't fit for purpose rather than this being user misuse or reaonsable wear. The cost of which you can add to your claim though its your loss should the report say you broke them.

born_again

Korky1821 said:

My HP Laptop screen hinges are broken. It would appear from researching online to be a common fault. HP issues a recall in 2008, so I believe that they knew about the defect, but continued selling the products, misleading and deceiving consumers about the value, quality and durability. The laptop was purchased in Nov 2019, so is out of warranty, and they will not accept responsibility, instead offering a cost to repair (and from further forum posts, would appear at extortionate repair costs).

I contacted my credit card company (via online chat) to dispute the transaction. They stated as it's out of warranty then there's nothing they can do. As soon as I mentioned I'm entitled to reclaim under Section 75, the chat was suddenly cancelled (not by me) and my ticket was closed

Where do I stand on this? Under section 9 of the Consumer Rights Act 2015, states "goods must be of a satisfactory quality", with durability being one of the aspects. Therefore, I would expect a reasonable period of durability for a laptop to be more than 18 months. Every other laptop I've owned has lasted 4/5 years and only replaced due to technology changing

I keep going around in circles with HP, keep getting directed to their support webpage and when I do contact them (via online chat), I get the same response as above. I did find an email address, but again, their response directed me to the support page

Any advice or links to the correct source for complaint would be welcome 

You would think that if they recalled laptops in 2008 for this issue, that in 2019 that the same issue was no longer a issue. Or there would be reports in the time between 2008 & 2019.
So in that respect you logic is a bit flawed.

To take it forward, you need a report on the problem. Once you have that then speak to the retailer 1st & if no joy phone your card provider.

macman

You either do an S75 or a CRA 2015 claim, not both. The former vs your card provider, the latter against the retailer. Mentioning CRA to the card provider means that they will expect you to mitigate your losses and claim under CRA. Furthermore, an S75 is problematic when the goods or services have been supplied but later found to be defective, because a full refund is not appropriate after 18m service.
As advised above, the way forward is to get an engineer's report and then make a written claim under CRA 2015 to the retailer (if not HP) in the form of an LBA.

bris

They put broken hinges down to accidental damage, you need to prove otherwise. 

You need an experts report to state it is an inherent fault but nearly 2 years use that won't be easy and even if you did get one they can counter this with their own report and back to square one.

Your CC co have the same rights as the retailer so they too can and will expect the experts report before they go any further.

MalMonroe

There's a lot of info in the link below about The Consumer Rights Act and what to do if your goods aren't fit for purpose - I do think a laptop should last a bit longer than yours has before the hinges give up.

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product-aTTEK2g0YuEy

You could also quote the fact that HP have admitted that they have had problems with their hinges in the past, that could help your case.

I have an HP laptop and funnily enough, one of the hinges has just broken but my laptop is old and I was going to replace it soon anyway. I didn't know that this was a common fault with HP laptops, which means I'm now going to have a rethink about my replacement. That isn't to say that my laptop doesn't work any more, it does but it's very awkward with a dodgy and wibbly wobbly hinge . . .