The Nvidia Defect Forum

Hi again
I took your advice after getting nowhere with comet over the phone and I filed a claim with the court online on 20/1/11. I have just received a letter from northhampton county court saying comet group plc have filed a acknowledgement of service and have a further 28 days to sort out there defence. They intend to defend all of the claim I made against them!!!! I'm a bit worried as I have never done anything like this before and I don't really know what to do next. If they defend this claim after the 28 days will I have to go to court and if so will I need to get a solicitor?????? I'm really confused right now and wondered if anybody else has some advice for me? I don't know what to expect if it goes to court. I would appreciate a bit of advice.
Thank you

Hello jt2009.2009,

Don't worry, their acknowledgement and intent to defend the claim is standard practice and is nothing to worry about.

Their defence will probably be just like all the others that have gone before them so there is nothing to worry about there.

Remember, your laptop has been recognised by Sony as being inherently defective and they have not provided any evidence that the repair they have offered will not also contain the same defect.

Comet have either backed down from court cases once they have filed a defence of they have gone to court and lost.

Please don't let the thought of going to court frighten you. It is a relaxed atmosphere and you do not need a solicitor. The judges also tend to err on the side of the consumer when the facts are clear cut.

When Comet send you a copy of their defence please post a copy here and we can help you with it.

I hope the above helps.

Any questions please let me know.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================

If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

Thanks a lot for your advice I will upload there defence as soon as it comes through. Thank you

jt2009.2009

Just to add a couple of bits.

The Acknowledgment of Service gives them an extra 14 days to file their defence (28 days in total). Northampton should have let you know the 'date of service' - work out 28 days after this and, if they've not filed the defence with the court by then, this is the date that you'll be able to enter 'judgment by default'.

If they do file a defence then the case will be transferred to your local court for the hearing. As Paul says, if it goes as far as a hearing then you do not need a solicitor for a Small Claims action and the District Judge will help you as much as possible.

Needless to say - so will we

_________________
Please note: I am not legally qualified and therefore any postings I make are just my own personal opinion based on my experience of working for a number of years at a busy County Court.