Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CONSUMER & GENERAL PRACTICE LAW > Consumer Contracts, Guarantees and Warranties

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-30-2009, 12:06 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Cool

IBM Lenovo switched my HDD with somebody else's and didn't take responsible for it.


My Lenovo notebook computer suddenly stopped working so I sent the unit to Lenovo service center for repair under factory warranty. I have specifically marked 'Not to format or reimaging the hard disk drive (HDD)' on the Lenovo's repair service questionnaire sheet since I have valuable data stored on HDD. Lenovo called me saying my HDD would be the problem so I requested to send my laptop without repair attempt. I was going to recover my data from HDD first before I repair or replace my HDD. I received my laptop back from Lenovo and attempted to recover my data from HDD but it turned out that the HDD in my notebook was not mine. Lenovo did not repair my notebook computer and even switched my HDD with someone else's. I called Lenovo several times and explained that I need my original HDD to recover my data but can't seem to locate my original HDD. They didn't repair it and even swiched HDD with somebody else's and lost my HDD.
They said they will not take responsible for lost HDD and any data stored within the HDD. What is the best strategy to fight with them?
  #2  
Old 10-30-2009, 12:15 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,655
Quote:
Originally Posted by huskyblue View Post
My Lenovo notebook computer suddenly stopped working so I sent the unit to Lenovo service center for repair under factory warranty. I have specifically marked 'Not to format or reimaging the hard disk drive (HDD)' on the Lenovo's repair service questionnaire sheet since I have valuable data stored on HDD. Lenovo called me saying my HDD would be the problem so I requested to send my laptop without repair attempt. I was going to recover my data from HDD first before I repair or replace my HDD. I received my laptop back from Lenovo and attempted to recover my data from HDD but it turned out that the HDD in my notebook was not mine. Lenovo did not repair my notebook computer and even switched my HDD with someone else's. I called Lenovo several times and explained that I need my original HDD to recover my data but can't seem to locate my original HDD. They didn't repair it and even swiched HDD with somebody else's and lost my HDD.
They said they will not take responsible for lost HDD and any data stored within the HDD. What is the best strategy to fight with them?
1: US Law Only
2: When you send your machine in, you agree that they are not responsible for lost data.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #3  
Old 10-30-2009, 01:09 PM
Senior Member
 
Join Date: Jan 2001
Posts: 12,063
Why is it the more valuable the data on a hard drive is to the owner, the less likely they are to back it up?
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
  #4  
Old 10-30-2009, 01:15 PM
Senior Member
 
Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,320
Quote:
Originally Posted by racer72 View Post
Why is it the more valuable the data on a hard drive is to the owner, the less likely they are to back it up?
One of the tape drive manufacturers used to have an ad that stated:
Quote:
There are two kinds of data:
  • Data that has been backed up
  • Data that hasn't been lost yet
  #5  
Old 10-30-2009, 07:54 PM
BL BL is offline
Senior Member
 
Join Date: Jul 2003
Location: In the good old US of A
Posts: 13,784
Quote:
Originally Posted by huskyblue View Post
My Lenovo notebook computer suddenly stopped working so I sent the unit to Lenovo service center for repair under factory warranty. I have specifically marked 'Not to format or reimaging the hard disk drive (HDD)' on the Lenovo's repair service questionnaire sheet since I have valuable data stored on HDD. Lenovo called me saying my HDD would be the problem so I requested to send my laptop without repair attempt. I was going to recover my data from HDD first before I repair or replace my HDD. I received my laptop back from Lenovo and attempted to recover my data from HDD but it turned out that the HDD in my notebook was not mine. Lenovo did not repair my notebook computer and even switched my HDD with someone else's. I called Lenovo several times and explained that I need my original HDD to recover my data but can't seem to locate my original HDD. They didn't repair it and even swiched HDD with somebody else's and lost my HDD.
They said they will not take responsible for lost HDD and any data stored within the HDD. What is the best strategy to fight with them?
Was the replacement HD Good ?

In other words was it repaired anyways ?
__________________
By M : be careful and avoid entering any personal information into your reply (or in your "signature" that is included at the bottom of any message you write). Do not have the sig files contain your name, address, or any other identifying information. Though I must say, some of you have turned them into a minor art forum (i.e., witticisms, sayings, graphics, and so forth).
  #6  
Old 10-31-2009, 08:54 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Quote:
Originally Posted by BL View Post
Was the replacement HD Good ?

In other words was it repaired anyways ?
No, It was not repaired. I asked them not to attempt to repair and just send my notebook back to me. I wanted to recover my data first before repairing or anything. They didn't repair and just send somebody else's hard drive without repairing. Problems started there
  #7  
Old 10-31-2009, 09:02 PM
BL BL is offline
Senior Member
 
Join Date: Jul 2003
Location: In the good old US of A
Posts: 13,784
Quote:
Originally Posted by huskyblue View Post
No, It was not repaired. I asked them not to attempt to repair and just send my notebook back to me. I wanted to recover my data first before repairing or anything. They didn't repair and just send somebody else's hard drive without repairing. Problems started there
I find being Lenovo and being reputable and your unit being under warranty ,it's hard to believe they'd just load someone else's HD in it and return it to you .

You said Lenovo stated the problem was the HD .

You have not stated how you know this HD the send was someone else's .

How do you know ?

It won't boot up ?

Maybe it's a new HD they sent back in your unit , and YOU have to load the recovery CDs ?

Even so , this is where you are .

You can try and load the recovery CDs ( contact tech. if necessary ) , or you can send it back under warranty and ask the replace the HD again ( if it really is someone else's ) and get it up and running in good order .

The old HD has most likely been put through the grinder .

Option #2 ) Sit and pout .

Read the warranty .

Your additional responsibilities :

A ) Back up ...Rtc.

B) The exchange of part becomes their property .
__________________
By M : be careful and avoid entering any personal information into your reply (or in your "signature" that is included at the bottom of any message you write). Do not have the sig files contain your name, address, or any other identifying information. Though I must say, some of you have turned them into a minor art forum (i.e., witticisms, sayings, graphics, and so forth).

Last edited by BL; 10-31-2009 at 09:35 PM.
  #8  
Old 11-01-2009, 01:42 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Quote:
Originally Posted by BL View Post
I find being Lenovo and being reputable and your unit being under warranty ,it's hard to believe they'd just load someone else's HD in it and return it to you .

You said Lenovo stated the problem was the HD .

You have not stated how you know this HD the send was someone else's .

How do you know ?

It won't boot up ?

Maybe it's a new HD they sent back in your unit , and YOU have to load the recovery CDs ?

Even so , this is where you are .

You can try and load the recovery CDs ( contact tech. if necessary ) , or you can send it back under warranty and ask the replace the HD again ( if it really is someone else's ) and get it up and running in good order .

The old HD has most likely been put through the grinder .

Option #2 ) Sit and pout .

Read the warranty .

Your additional responsibilities :

A ) Back up ...Rtc.

B) The exchange of part becomes their property .

When they send my computer, it was not working.
I brought the computer with HD to the techinician to recover the data with my personal expense.
The technician recovered the data and it was somebody else's HD containing his information.
That's why I know that was not my hard drive and took couple of hundred dollars. They send me different HD capacity with somebody else's data without repairing. I know back up was my responsibility and that's why I aksed them to send back without repairing. As I stated, they sent my notebook with somebody elses' HD. Thats the problem.

Last edited by huskyblue; 11-01-2009 at 01:44 PM.
  #9  
Old 11-01-2009, 01:53 PM
Senior Member
 
Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,163
so, since the data could have been lost in whatever attempts were made to repair the unit, you would be limited to the terms of the warranty.

I suggest that what they did, especially considering your directions to not reformat or re-image the HD, they installed another HD to attempt to determine the cause of the failure. They determined the failure to be the HD and not anything else, they then own the defective HD as long as they provide an equal or better HD to you.


The only problem I have is; why would they include a defective HD in your system?

I suppose this leads to the question:

what was on the HD that was so important? If it was anything illegal, I suggest they saw what was on the drive and have since provided it to some police department for their investigation.

If it was nothing illegal, again, the terms of the warranty will control as to their responsibility regarding any data on the HD. Generally, they have disclaimers up the wazoo removing any responsibility. If you had concerns, you should have spoken with them first and either received permission to have your HD date recovered before sending to IBM or requested they recover data from the HD before any repair attempt was initiated.
__________________
Quote:
Quote:
DRTDEVL Don't worry... It only hurts the *first* time you agree with justalayman.
  #10  
Old 11-01-2009, 02:48 PM
BL BL is offline
Senior Member
 
Join Date: Jul 2003
Location: In the good old US of A
Posts: 13,784
When IBM replaces a hardware item , under their warranty they provide a replacement workable part .

The part could very well have been a workable part , but left it formatted , as per your instructions just to send it back .

That's why my questions ...
__________________
By M : be careful and avoid entering any personal information into your reply (or in your "signature" that is included at the bottom of any message you write). Do not have the sig files contain your name, address, or any other identifying information. Though I must say, some of you have turned them into a minor art forum (i.e., witticisms, sayings, graphics, and so forth).
  #11  
Old 11-01-2009, 03:29 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Quote:
Originally Posted by BL View Post
When IBM replaces a hardware item , under their warranty they provide a replacement workable part .

The part could very well have been a workable part , but left it formatted , as per your instructions just to send it back .

That's why my questions ...


It seems you are just defending IBM's side. The form I filled out is that I don't allow to to reformat or re-image my HD and they called me whether they can format my HD. I asked them not to format or do anything and just send my notebook with original HD. I told them I will recover my HD with my own expenses and they told me to send it back to me.

I don't have any illegal things in my HD. I just want to recover my data.
I tried to do before I sent it, but it suddenly stop working , so I coud not do it. It was the power code problem, not the hard ward problem. I thought it will be OK to replace power adopter and sent it.

In anyway, I don't understand that I have responsiblity for lost data even though that was their fault. Do I I have the responsible for switching HD and lost data even though I asked them not to repair and send back the orignal parts?
  #12  
Old 11-01-2009, 04:10 PM
BL BL is offline
Senior Member
 
Join Date: Jul 2003
Location: In the good old US of A
Posts: 13,784
Quote:
Originally Posted by huskyblue View Post
It seems you are just defending IBM's side. The form I filled out is that I don't allow to to reformat or re-image my HD and they called me whether they can format my HD. I asked them not to format or do anything and just send my notebook with original HD. I told them I will recover my HD with my own expenses and they told me to send it back to me.

I don't have any illegal things in my HD. I just want to recover my data.
I tried to do before I sent it, but it suddenly stop working , so I coud not do it. It was the power code problem, not the hard ward problem. I thought it will be OK to replace power adopter and sent it.

In anyway, I don't understand that I have responsiblity for lost data even though that was their fault. Do I I have the responsible for switching HD and lost data even though I asked them not to repair and send back the orignal parts?
I'm simply Sating the warranty terms .

Now you've switch from the issue being the HD to a power Adapter.

You should have paid and had your Data recovered before sending it in for repair . Lenovo is not responsible .

I can't believe Lenovo would replace YOUR HD , if the issue was a power adapter instead .

Your post is confusing ,your English is confusing .

My bet .. Lenovo tried to appease you per warranty .You said just send it back the way it is . You got what you wanted , except to dictate recovery .
__________________
By M : be careful and avoid entering any personal information into your reply (or in your "signature" that is included at the bottom of any message you write). Do not have the sig files contain your name, address, or any other identifying information. Though I must say, some of you have turned them into a minor art forum (i.e., witticisms, sayings, graphics, and so forth).
  #13  
Old 11-01-2009, 04:37 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Quote:
Originally Posted by BL View Post
I'm simply Sating the warranty terms .

Now you've switch from the issue being the HD to a power Adapter.

You should have paid and had your Data recovered before sending it in for repair . Lenovo is not responsible .

I can't believe Lenovo would replace YOUR HD , if the issue was a power adapter instead .

Your post is confusing ,your English is confusing .

My bet .. Lenovo tried to appease you per warranty .You said just send it back the way it is . You got what you wanted , except to dictate recovery .
When they called me, I told them to send back my notebook with original HD to rocover data and they agreed with it. They would not recover data, so they told me to send my notebook with origninal HD. Obviously I don't want them to send my notebook with other's HD. "Send back as it is" means the notebook with original HD without doing any attempt to repair. It does not mean my notebook with somebody's HD.
I understand data loss due to repair, but I asked them to send the original HD before they attempt to repair.
  #14  
Old 11-01-2009, 06:28 PM
Senior Member
 
Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,163
Quote:
but I asked them to send the original HD before they attempt to repair.
then how did the diagnose your computer? Diagnosing a problem is considered to be "part of the repair".
__________________
Quote:
Quote:
DRTDEVL Don't worry... It only hurts the *first* time you agree with justalayman.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:39 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.