My HP Photosmart printer's touchscreen has stopped working

On 8 June 2009, I bought an HP Photosmart printer online directly from HP. In July 2011 the touchscreen failed, meaning the printer has very limited use and is not fit for purpose.

I phoned HP Sales on 6 July and was told to try the diagnostic testing, which proved unsuccessful. I phoned again on 9 September and was advised to contact the complaints department in Gateshead.

Despite two letters asking for redress under the Sale of Goods Act, I have received neither acknowledgement nor reply.
Charles Lunny

It is extremely bad customer service that HP has not bothered to respond to Mr Lunny about his printer problem, but even if he had heard back, he would find that he is not entitled to automatically seek redress under the Sale of Goods Act.

The company may offer a repair or replacement but his rights are not automatic without going through some hurdles first.

Because he has had the printer for longer than six months, it is his responsibility to prove that the touchscreen problem has not been caused by fair wear and tear or accidental damage.

He could do this by getting an independent report from a verified technician or repair shop. This is bound to cost him a fee, so we always suggest to readers that they let a retailer know this is the action they plan to take.

This allows the retailer to first offer to check out the problem. If this is not offered and an inherent fault is found, then the customer can get back both the money they paid to a third party to prove the fault as well as get a repair, replacement or pro rata refund.

However, if Mr Lunny’s claim is unfounded then he will have no legal claim on HP for this cost, or for any other redress.

Sometimes finding other people who have posted about the same problem on forums can also aid in providing proof. But it is important to remember that legally this is not considered strong proof as it is difficult to verify the identity of those who publish them and the accuracy of their claims.

We will update you on HP’s response later.