Need Help Filing SMALL CLAIM COURT against HP

[doctorman]

I have HP Pavillion DV9700 that I bought from an ebay seller
when I bought it it was till under warranty so I called HP and bought 2 years extended in house warranty for 159$ from HP back in 2010.
I have 2 more months left in the warranty still.

2 months back around March 30 my LCD burnt out ( have the high resolution 1080p screen and called HP they sent me a screen and a technician that came and installed the part couple days later but that screen was a low resolution 720p.

called customer support and explained the issue they escalated the issue to case manager Dezerai, She asked me to send it in for repair so I did 1 week later they tell me it is out of warranty repair due to water damage, I requested for the water damage pic and they sent bunch of pics and it showed no water or corrosion I wrote a long email to my case manager explaining everything and she agreed to have it repaired.

that took another week and I got my computer back .. it is messed up missing screws hinges are lose does not even turn on, called the case manager and after couple phone calls she agreed to replace it so we agree on an ENVY 17 laptop replacement, she placed the order and said it would take 2 weeks, waiting full of hope excited for my new laptop 12 days later I get a call from HP EXECUTIVE CASE MANAGER Micheal, he is telling me that the other case manager made a mistake and due to the age of the laptop they can not replace it but he can guarantee that it can be fixed. and sent me a box to send it in for repair.
repair took 4 weeks now I have been without laptop for 2 Months.

Many many calls to the new case manager I get no update on the case...

the laptop is untouched it was sent to me in the same not working with missing screws and lose hinges

after 3 days I get the Exec Case manager on the phone he says, we can not fix the computer because that screen is not made fro your computer any more, and we can not replace this laptop because your warranty is actually not good because you bought the laptop from eBay and not directly from HP, but he generously offered to REFUND MY HP TOTAL CARE that I bought from HP back in 2010.

and that is pretty much it and hangs up, I told him I will file a suite he said here is our fax umber just fax us the court papers.


HOW ILLEGAL IS THAT... that is like getting car insurance and when you get in to accident car insurance gives you 200$ that you paid for that months insurance instead of 20000$ that your car is worth.

I live in NEw York Nassau County
please help me out with filing a small claim court against HP, I know bunch of people have done this so little details of where to get the form and how to file the claim and what to write

in New York I know I can sue for 5000$ and something about triple damages.

how much should I sue for? the price of the replacement laptop that I was offered by the first case manager times three?

do they usually respond to small claim courts files in NY or will they just settle?



===============================================

UPDATE JUNE 8, 2012

this is all the info you need to sue HP



Just to make this easier for people to do

HP locations in the country HP locations in United States | HP


HP in New York City according to department of state

Entity Information

I could not find one in Nassau county so in NY we file in Manhattan only.

C/O C T CORPORATION SYSTEM
111 EIGHTH AVENUE
NEW YORK, NEW YORK, 10011

Chairman or Chief Executive Officer
MARGARET C WHITMAN
3000 HANOVER ST
PALO ALTO, CALIFORNIA, 94304-1112

Principal Executive Office
HEWLETT-PACKARD COMPANY
3000 HANOVER ST
PALO ALTO, CALIFORNIA, 94304-1112

Registered Agent
C T CORPORATION SYSTEM
111 EIGHTH AVENUE
NEW YORK, NEW YORK, 10011

and filing the claim is very easy

5min online TurboCourt - Legal Paperwork Assistance

or court payments online | government payments online | nCourt


total cost 35$

some instruction for NY small claims court
New York City Small Claims Court


-----------------------------------

UPDATE JULY 2012

I got a call from HP and was offered to settle for the price of the laptop, expenses and court fees.
got my check a week later.. END OF STORY

[metril]

Couple of suggestions.

1. Please use proper grammar, capitalization, and punctuation. It really helps get your point across. Furthermore, it'll help if/when you file your lawsuit.

2. You need to document your calls with HP by date. You must also include the name of the person you spoke with and how long the call approximately lasted. You must also list, point by point, what was asked and what was mentioned by both you and the person you spoke with.

3. You need to have proof of purchase of the laptop. So, you would have the invoice and the charge on your credit card to show how much you paid and where you bought it from. You must also have proof for both the original and extended warranties.

4. You must document all issues with your laptop and when each issue occurred and what exactly you did to try and resolve those issues.


You MUST PUT IN THE EFFORT. No one can tell you what exactly to say. That is up to you. How much you sue for is also up to you.Though, you need to read up on your state's laws. Again, no one else is going to do the work for you. This is YOUR JOB and YOU MUST PUT IN THE EFFORT. We can only guide.

[doctorman]

sorry about my spelling. I wrote that in rush and English is not my 1st language.

showing the records and webpage from HP saying that the computer is under warranty would not be enough.

What is the name, address and info I should use for HP in small claim court in New York?

Thank you.

[Krane]

sorry about my spelling. I wrote that in rush and English is not my 1st language.

showing the records and webpage from HP saying that the computer is under warranty would not be enough.

What is the name, address and info I should use for HP in small claim court in New York?

Thank you.

No vendor wants to go to court and will make every effort to avoid that if at all possible. If you sue you will need to prove that you made every reasonable attempt to contact HP to get your laptop fixed. You will also first have to prove that it was under warranty when it was reported, and that their claim that it was damaged by water in not so. ALWAYS TAKE DATED PICTURE BEFORE SENDING YOUR COMPUTER OFF FOR REPAIRS.

It is possible to win these cases (I've won two of this type) but you have to be methodical about your record keeping. The easier you make it for a judge/arbitrator to see a trail of appeals, the more likely it is you will get what you asked for.

Good luck

[doctorman]

this is the final resolution I got from HP:
--------------------
from the Hewlett Packard AMS TCO Escalations team:

As per our conversation I am sending this email to confirm that we will not be able to repair the Notebook due to the age of the product. The parts that are required to resolve the issue are no longer available. We will not be able to replace the Notebook either due to the age of the Notebook.

I have requested for you to send me a copy of the purchase receipt of the Carepack for this Notebook from back in 2010. I am willing to provide you with a 100% refund of this Carepack. Carepacks can and should only be purchased through HP's Home & Home Office at the original time of the purchase of the product in question. The product itself needs to be purchased directly from the Home & Home Office to be eligible for the Carepack. Your Notebook was purchased through eBay in 2008. A CTO product cannot be purchased through eBay.

-----------------------------


Is that legal?

I bought my laptop form an ebay so what?
HP knew that when they sold me the care pack..
HP knew that when they activated the care pack
HP knew that when they asked me to send the product in for repair.

Can they legally back out of the warranty?

I got the form for the small claim court and will be filing it sooner or later but I am wondering if what they are doing here is legal?
Can I request for Treble Damages in this case due to the deceit and fraud in which they are running a business?

Thanks Guys

[inrecop]

...I bought my laptop form an ebay so what?...

My guess is that it's because eBay is an auction site and you probably did not purchase it from an authorized dealer.

[doctorman]

My guess is that it's because eBay is an auction site and you probably did not purchase it from an authorized dealer.

how does it change the fact that they sold me the warranty and took my money for 2 years evethough they knew that the product was bought on ebay. i have had under warranty repairs done before, this one is just costing them more so they are ignorring my warranty.

[excalibur1814]

... Read the small print upon buying the warranty! I'd probably think that there's something in there

[BlackSabs]

Take the money offered and wash your hands of HP!

[Krane]

this is the final resolution I got from HP:
--------------------
from the Hewlett Packard AMS TCO Escalations team:

As per our conversation I am sending this email to confirm that we will not be able to repair the Notebook due to the age of the product. The parts that are required to resolve the issue are no longer available. We will not be able to replace the Notebook either due to the age of the Notebook.

I have requested for you to send me a copy of the purchase receipt of the Carepack for this Notebook from back in 2010. I am willing to provide you with a 100% refund of this Carepack. Carepacks can and should only be purchased through HP's Home & Home Office at the original time of the purchase of the product in question. The product itself needs to be purchased directly from the Home & Home Office to be eligible for the Carepack. Your Notebook was purchased through eBay in 2008. A CTO product cannot be purchased through eBay.

-----------------------------


Is that legal?

I bought my laptop form an ebay so what?

An authorized seller I suppose. I've certainly seen that before.

HP knew that when they sold me the care pack..

Hp takes care of Hps interest. Its up to you to understand and take care of yours.

HP knew that when they activated the care pack
HP knew that when they asked me to send the product in for repair.

You're assuming this is one guy controlling everything. In fact, its a large company with many employees looking out for whats best for their company. Don't take it personally, HP doesn't.

Can they legally back out of the warranty?

If there is an exclusion, of course. I suspect there are many.

I got the form for the small claim court and will be filing it sooner or later but I am wondering if what they are doing here is legal?
Can I request for Treble Damages in this case due to the deceit and fraud in which they are running a business?

Thanks Guys

Lawyer charge about $300 hour. Now you're asking legal questions. You can ether prepare for a big (and expensive) fight, or go with the consolation prize.

Take the money offered and wash your hands of HP!

This ^^