• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

COMPUSA not honoring TAP (replacment service plan), legal advice requested......

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

phitchow

Guest
Please read, and help me in my fight against COMPUSA. I realize that this is very long, but your help is greatly appreciated. Thanks!

==============================================
<<<MY ADDRESS & ADDRESS SENDING TO>>>

<<<Date>>>

Dear Sir or Madam:

I am writing this letter as a result of the misrepresentation of the Technology Assurance Program (TAP, Document 1). Moreover, COMPUSA has repeatedly misrepresented the status of my laptop repairs. Also, COMPUSA has not lived up to its Service Commitment. Lastly, COMPUSA has sold me an inferior product that has given me a great deal of trouble.

On 26 May 2001, I purchased a laptop from the COMPUSA located at Castleton, Indiana. The sales representative convinced me to buy the $499.99 TAP 3YR LAPTOP KIT. The sales representative claimed that the TAP covered all types of damages, including accidental and purposeful damages. He cited two examples. First, if I were to place a writing instrument on the keyboard and then absent-minded close the keyboard, COMPUSA would repair the laptop screen free of charge. Secondly, if I were to drop the laptop while on a staircase and the laptop was no longer functional, COMPUSA would replace the laptop free of charge. The TAP seemed very generous. My mother asked the sales representative if I used a hammer to purposefully destroy the laptop, would the TAP replace the laptop free of charge. The sales representative then replied that the TAP would replace the laptop free of charge under all circumstances, except for theft. As long as I could bring the pieces of the laptop to COMPUSA, COMPUSA would replace it free of charge. This sales representative claimed that the replacement would still be in effect if the damage occurred as a result of a natural disaster. If the laptop could not be repaired or replaced, the sales representative claimed that I would receive a full refund of the purchase price of the laptop. My father and mother were present when I purchased the laptop, and they concur with the above statements.

After purchasing the laptop, the laptop was full of problems. As a college student without a car, I was not always able to take the laptop to COMPUSA for repairs. During the summer of 2002, my laptop became extremely slow. I asked a colleague who worked for a computer company to take a look at the computer. His findings were inconclusive and I was forced to reformat my hard drive. During the summer of 2003, my laptop speakers made random, static noises. The noises sounded like I was between the frequencies of two radio stations. The noises occurred immediately after turning on the computer. The noises occurred regardless of the setting of the volume control. I took the laptop in for repairs at COMPUSA located at Castleton, Indiana. The tech representative agreed that there was definitely a problem with the speakers. The expected service completion date, however, was over two weeks. In that time, I would be at Rice University in Houston, Texas. The tech representative was unwilling to ship the completed laptop to a COMPUSA in Houston, Texas. As a result, I was forced to take the laptop to the COMPUSA in Houston, Texas. When I unpacked the laptop in Houston, the laptop no longer made the sounds. I still took the laptop in for repairs at the Houston COMPUSA (Document 2). The tech representative could find nothing wrong with the laptop, and he reset the speakers on the laptop. On more than five separate occasions, the speaker problem resurfaced, but I did not have the means to take the laptop to COMPUSA for repairs.

During the end of February 2004, my laptop finally died and ceased to boot. I took the laptop to the Castleton COMPUSA for repairs on 2 March 2004 (Document 3). COMPUSA did not keep its Service Commitment by notifying me within 48 hours of the status of the laptop repairs. During the next 42 days, I called COMPUSA eleven times and visited the store one time (Document 4). On 11 March 2004, the tech representative said the laptop would be ready “by the beginning of next week.” On 16 March 2004, the laptop was “on PO,” which meant that parts were being ordered. On 18 March 2004, the laptop was expected to arrive at COMPUSA from the service center “tomorrow.” On 23 March 2004, the laptop was “not done yet,” and technician would call back in half an hour with a status update. The technician never called back. On 27 March 2004, I finally visited COMPUSA to obtain the status of my laptop repairs. The tech center salesman Eric and the manager Joe could not figure out why my laptop was taking so long to repair. Joe claimed that he would “get to the bottom of this.” My father accompanied me on my visit to COMPUSA. My father pointed out that COMPUSA was not living up to its Service Commitment of notifying the customer within 48 hours concerning the laptop repairs. The manager Joe agreed.

Instead of taking 48 hours to notify me of the status, COMPUSA waited four weeks until a COMPUSA representative called me. After nine phone calls and a visit to COMPUSA on 31 March 2004, Brian called. He claimed that they were getting ready to ship the laptop back, that the motherboard went bad, and that he would call back when the laptop was ready.

On 1 April 2004, Brian called saying that COMPUSA had received the laptop back, but there were “some things we need to go over.” On 12 April 2004, I finally got a hold of a tech representative Nate. Nate claimed that TAP declined the laptop repairs because of spillage. In other words, the laptop has not been repaired because TAP detected spillage on the keyboard. I repeated what the sales representative told me about the TAP. Nate said that the TAP does not cover accidents and that the two examples cited by the sales representative are false. First of all, I did not spill anything on the keyboard. Second of all, I was told that the accidents are covered under the TAP. Moreover, COMPUSA stalled over four weeks before notifying me that they had detected spillage on the keyboard. The spillage is simply a lame excuse for not repairing the laptop.

Legal precedent for such a case does exist (Document 5). Although this is a New York State case, the legal principles remain the same. I am willing to take this case as far as necessary in the legal system. In the New York case, “Spitzer… was denied a free replacement for a broken screen that had been caused when the device was dropped.” COMPUSA could not deny the claim because “the booklet containing details of the service contract, including its exceptions and limitations, was sealed inside a box that couldn’t be opened until after the contract had been purchased.” The same exact situation occurred to me. I purchased the TAP because of what the COMPUSA sales representative told me. The service booklet was not available before I purchased the TAP. Moreover, Nate said that dropping the device is not covered. However, under this court case, COMPUSA was forced to “Correct the mistake in the booklet so that it now accurately reflects that damage caused by dropping the devices is covered.” Finally, COMPUSA has to “reimburse consumers who incurred costs for repairs and replacements that should have been covered.”

I am expecting a full refund of the price of the TOSH S402 P3 850 128/20 in the amount of $2,299.97 and a full refund of the price of the TAP 3YR LAPTOP KIT in the amount of $499.99. I am also expecting COMPUSA to pay for court costs and for my wasted time.

Sincerely,
<<<SIGNED NAME>>>
<<<TYPED NAME>>>

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

The Plan: bring in all these documents to COMPUSA manager. <<<When should I bring docs to the manager? Within a week?>>>
If not successfully resolved, say will mail by certified mail <<<to whom? CEO? Manager? TAP?>>>

I vaguely remember reading a FW Finance thread that mentioned something about one-party consent of recording conversations. Does anyone know the law for Indiana? If not, how can I find out? Google what terms? Call whom? If I do record conversations, what kind of tape recorder should I use? Digital? Old fashion analog?

Any help is appreciated, especially on what I should include/exclude in this letter and on the appropriate terminology. What format should I use for the letter (i.e. full block, etc.)? Any online examples?

Should I mention court precedent in a different state (New York)? I am in Indiana.

I highly doubt that I can afford a lawyer. Is this an appropriate small claims court case? I vaguely remember reading about some websites that might be able to help with cases such as this one. Could someone please provide a link to such a website if it exists?

The TAP expires May 26, 2004.

I apologize if I’m asking a lot of stupid questions. I’m 20 yrs old and don’t know much about these things.

==============================================
 
Last edited:


BL

Senior Member
I do not have to read your Entire Thread:

File A complaint with your Local Attorney General's OFFICE of Consumers Affairs.

In The complaint form's resolution space, state you want a NEW REPLACEMENT PC.

Name COMP USA & the Warranty CO.

You will most Likely Get bounced around between COMP USA & the Warranty CO. of who ( If either ) is responsible for your Problems.

In the End It probably fall in the hands of the Warranty CO.

Don't Give in , be relentless.

If they offer you a REFURBISHED PC of the same or better Quality, take it. ( ask about the warranty ).

They might even let you keep the old one.

This may not play out like this for you, No guaranties .
Who knows, you may end up with NEW ??

A Complaint to the BBB would not hurt either !!
 

JETX

Senior Member
A large part of your 'issue' can be resolved VERY SIMPLY. What does the TAP documentation say as to coverage???
If repair/replacement from 'spillage' is NOT covered, then it isn't. It really doesn't matter what the salesman tells you, you have an obligation to read and understand the WRITTEN warranty and to confirm what he says. If it isn't in WRITING, it simply has no 'value'.

Now, that does NOT excuse their interminable delays in servicing your computer. I would suggest you contact their corporate office with your complaint and see if they can resolve it. If they don't, then you can consider small claims action against CompUSA.
 
P

phitchow

Guest
-------------------------------------------------------------------------------------------
(Document 1) TAP
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_cover.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_0_1.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_2_3.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_4_5.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_6_7.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_8_9.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_10_11.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_12_13.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_12_13.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_14_15.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_16_17.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_18_19.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_20_21.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_22_23.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_24_25.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_26_27.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_28_29.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_30_31.jpg
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/tap_32_33.jpg

-------------------------------------------------------------------------------------------
(Document 2a) (Service Receipt 1)
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/service_receipt1.jpg
(Document 3a) (Service Receipt 2)
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/service_receipt2.jpg
(Document 2b 3b) (Service Receipt back)
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/service_receipt_back.jpg
-------------------------------------------------------------------------------------------
see next section for typewritten copy
(Document 4a) (Telephone Transcript front; Laptop Receipt)
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/telephone_front.jpg
(Document 4b) (Telephone Transcript back)
http://img50.photobucket.com/albums/v154/fatwallet/2004-04-12 compusa/telephone_back.jpg
-------------------------------------------------------------------------------------------
(Document 5) (Court Case)
“Computer Retailer Settles Service Contract Problem”
http://www.oag.state.ny.us/press/2001/aug/aug15a_01.html
-------------------------------------------------------------------------------------------
 
P

phitchow

Guest
3/11/04 10:16am 317-578-4393 [4] [1]
status of computer?, Brandon answered, put on hold, ask for status of computer again, put on hold, motherboard issue, shipping motherboard right now, should be ready by the beginning of next week (call back Monday 3/14/2004)

3/16/04 1:42pm 317-578-4393 [4] [1] SO#45127355
Brandon answered the phone, gave SO# (service order number) to Brandon, status: ON PO, doesn’t know what that means, will call back in 5-10 min to give exact status

3/16/04 2:09pm no reply yet, calling back
person didn’t give name, inquired about exact status, person said “you mean Brian?”, not Brandon, he is pretty busy, person will check status, status unavailable

3/16/04 3:09pm
call again for status, answering machine, left message, also told about all previous phone conversations

3/17/04 5:10 pm
inquired about status, voice mailbox full, forwarded to extension 7, extension 7 is not valid, hit [0] for operator, put on hold; after 15 min still on hold; put the lady on hold, at 5:30pm I’m still on hold, hang up & call again

3/17/04 5:30pm
no reply

3/17/04 5:33pm 11 minutes
spoke with Jeremy, laptop sent to PO, means for order on parts (depot), should call tomorrow morning and ask for Mark Cohen, does not know why it is taking so long

3/18/04 9:27am
ask for Mark Cohen, gave SO#, laptop is expected back tomorrow, asked if I can just come tomorrow, Mark Cohen said I should wait until COMPUSA calls me because COMPUSA likes to test the product first

3/23/04 1:57pm
person didn’t give name, gave so#, laptop is not done yet, getting details, technician will be back in about ½ hr, he is out fixing someone else’s machine

3/27/04 7:45pm
actually went to COMPUSA to get the status, went with father, Eric is at the tech center, Joe is the manager (non-tech), don’t know why it is taking so long; Brian is servicing the computer, Mark Cohen is the assistant tech manager

1:53am Wed (time on answering machine is not correct)
Brian called, getting ready to ship the laptop back, motherboard went bad, will call back when ready

4:37pm Thurs (time on answering machine is not correct)
Brian called, COMPUSA has received laptop, “some things need to go over” call at 594-7642

4/9/04 10:50am
594-7642 voicemail, left message
10:53am 57804393 [4] [1] status?, answering machine, left message

4/12/04 10:55am status?
Put on hold while checking status, laptop received back at COMPUSA, TAP declined because of spillage; TAP doesn’t cover accidents, person answering phone is Nate, said will go to store and speak w/ manager
 

BL

Senior Member
Pitchow ;

I am in NY . I gave you the advice I used . In the end the warranty Co. Ordered a Refurbished AMD 2400 Compaq PC with XP to replace the PB amd/2/400 w/ 98 se .

And I still was able to keep the PB w/ 98se .

As you can see it was a no brainier I took my fight with both
Retailer & the Warranty Co.

My transfered warranty was up soon.

They said to me the replacement a good gesture not because they had to . ( more business Language ).

My advise : If your Positive the damage wasn't due to spillage
( that is a common excuse for these places to use ) , is have it estimated for repairs elsewhere and get it documented there appears to be NO spillage .


File A Complaint with the BBB also in there State .

You can take my advice or leave it ..
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top