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Updated 18/08/2014 I am happy to say that we are still achieving resolutions around the world. Only last week, a forum member in India successfully fought Dell in the local courts and not only was successful in receiving a full refund for a laptop that was six years old, but he was also successful in receiving compensation for the mental stress that he suffered during the two year court battle with Dell. Not all cases take two years to resolve so this was a testament to the unwavering persistence of the claimant. I am happy to state that this forum and my assistance was paramount to his success. One of the defence points submitted by Dell's Lawyers was that the claimant was "greedy" for pursuing a claim on the grounds that the laptop was four years old. They even claimed, which was completely without merit, that the claimant had breached the "Doctrine of clean hands". For those of you who are unaware, the "Doctrine of clean hands" means that a person going to court must be free of unfair conduct. "How" you may ask "did the claimant act unfairly?" Well, no doubt this forum and the advice I was giving the claimant played a role in that defence point. Gladly the Judge saw through Dell's defence and duly awarded in the claimants favour. There have been many more success stories, most of which were the subject of what I would call "gagging orders" though in legal speak these are known as "Non-disclosure orders". This is where the claimant accepts a resolution on the condition that they do not disclose to others that they have been successful. I strenuously oppose such settlements as the claimants in question have a right to a resolution and no such resolution should be agreed with such caveats. I am sad to report that I am now seeing a rise in the presence of the BGA defect in more and more laptops containing ATI GPU's. Whilst this forum was primarily setup to address the defect in the Nvidia GPU's. the process for reaching a resolution for laptops containing an ATI GPU is exactly the same. In essence the law is this. If you purchase a product and that product fails due to an inherent or manufacturing defect at any time up to six years from the date of purchase then both the Sale Of Goods Act 1979 (as amended) and the Limitations Act of 1980 gives you the absolute right in law to take legal action against the retailer. The operative word here being the "retailer". Most retailers will try to fob you off to the manufacturers or worse, deny that you have any rights in law. But the law is clearly on your side and if you are persistent then you will, if your laptop is indeed inherently defective, reach a positive resolution. If you purchased your laptop by credit card then you have even more rights as the purchase is covered by the Consumer Credit Act. This means that the credit card company is "jointly and severally liable" with the retailer. In essence you can choose to pursue the credit card company if the retailer is either unwilling to help or has gone out of business. If your laptop has failed prematurely and it is under six years old then why throw it away an purchase another? If we can prove the presence of an inherent defect then you would be entitled to either a free repair or a pro-rated refund. Remember, the law is on your side. If you have any questions then please feel free to contact me. Best wishes Paul The Admin Team |
| It is currently Fri Jun 30, 2017 3:15 pm |
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Main Forums |
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Other Retailers & General Help & Discussion
Defective Nvidia? - Faulty Nvidia? - HP Laptop problems? - HP Laptop black screen? - HP Laptop hot/overheating? - HP Laptop lost wireless - HP can't detect wireless card? |
1112 |
9221 |
Fri Aug 08, 2014 7:17 pm |
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Comet
As you may be aware Comet have now ceased trading. This is not good news if you have purchased from them. |
207 |
2818 |
Wed Mar 05, 2014 11:22 am |
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Ebuyer
Did you buy from Ebuyer? If so then this section is for you. |
102 |
1080 |
Tue Mar 25, 2014 9:43 pm |
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HP Direct
Did you buy from HP directly? If so then this section is for you. |
89 |
793 |
Tue Jan 15, 2013 6:42 pm |
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John Lewis
Did you buy from John Lewis? If so then this section is for you. |
62 |
393 |
Thu Mar 13, 2014 4:23 pm |
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PC World/Dixons/Currys
Did you buy from PC World, Dixons or Currys? If so then this section is for you. |
373 |
3463 |
Tue Mar 04, 2014 12:29 pm |
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Staples
Did you buy from Staples? If so then this section is for you. |
53 |
481 |
Thu Jul 11, 2013 2:40 pm |
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Tesco
Did you buy from Tesco? If so then this section is for you. |
33 |
497 |
Fri Jun 14, 2013 5:21 am |
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Success Stories
Have you been successful in obtaining a refund/replacement/repair? |
147 |
587 |
Thu Jun 06, 2013 8:20 pm |
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The Facts & The Sale Of Goods Act |
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Facts & Evidence & Links
So what is the Nvidia defect and how can I learn more? |
18 |
35 |
Mon Jul 02, 2012 9:33 pm |
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What Steps Should I Take Now? The Law & The Sale Of Goods Act
What are my rights? Can I get my laptop replaced? Can i get a refund? |
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18 |
Thu May 24, 2012 8:11 pm |
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Retailer Contact Details
Here you will find the Head Office details for some of the high street retailers. |
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Thu Sep 10, 2009 9:37 pm |
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Forum Rules & Downloads |
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Rules and FAQ's
Posting rules and FAQ's are here. |
1 |
1 |
Mon Jun 15, 2009 5:27 pm |
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Downloads
Here you will find a couple of useful programs to test your laptop. |
7 |
7 |
Sat Jan 30, 2010 2:36 pm |
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