Legal Question in Consumer Law in Iowa

If a faulty computer is returned to the manufacturer, do we still have to make payments?

I purchased a HP desktop PC and they financed it on HP credit card (HP retail services) . The thing was defective the first week we discovered after transfering all our geneology files to it.It would not update, would not Burn a dvd, would not print and all downloads from the net failed. They refused for 5 months to fix it, until we stopped payments,but we had already paid $200.of the $709.price tag. The PC was picked upand returned with a HP call ticket by FedEx and returned to the manufacturer. I closed the account and told them to keep it since they had failed to sell us a usable product and refused to send a repairman to fix the problem. They are still charging me and threatening me on phone and mail if we don't finish paying for the computer that they have in their factory some where. I tried repeatedly to contact Mark Hurd Chairman of the board at HP and he keeps handing me off to the same people who caused my problem and are now harrassing me day and night on the phone with auto dialed recordings ,and threatening letters in the mail.Can they do this?Can I file harrassment and extortion charges against Mark Hurd at HP?


Asked on 2/03/10, 6:34 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The answer to your last question is no. How has he harassed you or tried to extort money from you?

Payment for goods purchased and whether they perform as advertised are two different things, unfortunately enough. If you really believed in this you would have been putting the payments in an escrow account pending the outcome of a small claims action.

As it is you just stopped paying.

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Answered on 2/10/10, 9:43 am


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