The Nvidia Defect Forum

Hi My Advent 5401 failed after 35 months. emailed Currys who said take it in to be checked. I have the Nvidia fault confimed in writing by their engineer. Got a call offering £150, I asked the gut to email me as I was not home,

Email arrived and offer was £160.00, I mailed back and refused the offer saying my expectations were cica £230.00. They upped the offer to £190, I refused and used the 60 month formula to quote the figure of £208.25. Despite several emails they will not budge from £190, I have given them 7 days (until May 6) to make a better offer or else I will pursue then in court.

A company the size of Currys holding out for £18! Its me that had the inconvenience of taking it into them (I had to make another journey to take the charger as a multi million pound company carrying out computer repairs doesn't have bench power supplies!) Also I will have to find a replacement etc.

Am I being fair in the amount I have asked for? ANY ADVICE ON THE NEXT STEPS

Hello Bobby and welcome to our forum.

Sorry to hear that your laptop has failed.

We used to calculate the refunds based on a five years life expectancy, but PC World and other retailers were basing the life expectancy to be the same as the Statute Of Limitations for bringing a claim, which is six years.

Therefore, based on the information you have provided, the minimum refund they should be offering is £256.

This would be the minimum you should receive if this were to proceed to litigation. I would therefore contact them and would tell them that you have taken advice and the minimum they should be offering is £256 based on 72 months life expectancy.

I would further tell them that you have seen on this forum of other customers who have proceeded to court and won and so you are confident of a success if this were to proceed further.

See what they say and if they capitulate then great. If not then you will need to take matters further.

There is a step by step guide on this forum that will help you reach a positive resolution and that is here:- post13.html#p13

If you follow my advice in that guide then you will be successful.

If you have any questions or if you need any advice then please let me know.

Good luck and best wishes

Paul
The Admin Team

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Calculate the minimum refund that you would be entitled to.
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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.

Hi,
Many thanks for your reply. I am about to write to Currys via post now as opposed to email by which all the communictions have been so far. I have in previous emails said to Currys that I would settle the matter for the 5 year calculation of £208.25, would it be deemed reasonable if this went to court that I had changed the figure? My guess is that if I quote a higer figure now that Currys will agree to settle for the old figure I said I would settle at.

I dont want to get into a court situation to be told I've been unreasonable in asking for more cash.

Thank you again, this site is invaluable.

Hello Bobbycoc,

I don't think that you will be deemed to have acted unreasonably by increasing the amount that you would be prepared to settle at as you were not to know of the Statute Of Limitations.

Furthermore, this forum is littered with evidence that Currys have settled claims based on the six year rule so I would not say that you were being greedy or that you are asking for anything that they have not afforded to others.

Besides, even if this did proceed further the chances are that Currys will settle out of court, as they have done in the past.

Remember, it is not your fault that the laptop is inherently defective so you should not feel bad about asking for as much as you can possibly get. At the end of the day however much they refund you will have to go towards a new laptop so the more the better.

What do you think?

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.

Hi, A quick update Currys have as a gesture of goodwill have made offer of £208. I have politely informed them that they reiterated (the word actually used) twice that was their full and final offer. I have told them I have taken advice and have a letter ready to send the their head office in the morning. I attached a copy to the email reply. The latter is as follows..

Laptop Make: Advent
Laptop Model: 5401
Date of Purchase: 31/05/2008
Price Paid: £499.99
Date failed: 18/04/2011

I write with reference to my laptop detailed above which I purchased from
yourselves.

I have at your request taken the unit into P C World in Coventry and they have confirmed the inherent Nvidia GPU defect is present, I now have written confirmation of this in a service summary from the store.

I have been in contact with your Know How team seeking a resolution in this matter, but despite a number of emails regarding the matter this situation remains unresolved. The reason being I consider your final offer of £190.00 not to be satisfactory.

I have now taken advice on this matter and have been advised that my calculations for the amount of refund should be made basing the life expectancy to be the same as the Statute Of Limitations for bringing a claim, which is six years.

Therefore, based on the information I have provided above, the minimum amount you should be offering is £256.

This would be the minimum I should receive if this were to proceed to litigation.

I have read with great interest The Nvidia Defect Forum, which has posts from other customers who have proceeded to court and won and I am confident of a success if this were to proceed further.


Please take notice that if I do not receive a satisfactory resolution to this matter then I will have no option but to take action through the Small Claims Courts. I am therefore giving you this last opportunity to remedy this situation.

I am formally giving you 7 days from the date of this letter to settle in the amount detailed above or I will commence legal proceedings.

I will then use the service report from P C World, along with the myriad of articles of information that are available to pursue this matter through the legal system.

Please note that in this matter time is of the essence


Yours faithfully


Thanks again for your advice

Hello Bobby,

An excellent letter and I am sure it will prompt them into action.

If not then you should waste no more time on them and you should pop on over to www.moneyclain.gov.uk and file a small claims action.

I think that the letter will make them see sense though so fingers crossed for you.

Looking forward to your next update.

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.

Latest on is one....

I sent an email to Currys Know How Team member who has dealt with my case from the onset explaining I was sending the above letter to head office and attached a copy.

The reply..

"Please be advised that all correspondence via post or email are dealt from this department. In view of this, your letter will be referred to me"

I emailed back stating it was not an attempt to undermine his decisions but merely the first steps of the litigation process. I also stated I felt his comments to be unprofessional. I asked for a confirmation that the £208.00 was the full and final offer.

That was yesterday early afternoon I never got a reply so the letter was sent late yesterday afternoon via special delivery.

Letter was signed for this morning, still awaiting to hear from them.

Hello Bobby,

Currys customer service is diabolical, as is the customer service in most of the Dixons stores, which includes PC World.

You don't have to take my word for it, take a look at this video which was on the Dominic Littlewood show:- http://www.bbc.co.uk/iplayer/episode/b0 ... _5_Currys/

In a recent Which survey customers of Currys et al were shown to have a 31% satisfaction rate. How bad is that! With only a 31% satisfaction rate that means that a massive 69 people out of every 100 received an unsatisfactory resolution to their problems.

Glad I don't shop there.

Let's see what they say in response.

Fingers crossed for you.

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.

Hi,

I would never ever shop in a Currys or assocaited store this has been my stance for many many years, but my laptop was an insurance claim and I was given a card for them.

Slightly off topic but I purchased a hard drive from Amazon, which became irratic in its performance. Logged onto my account entered my mobile number and THEY call you within seconds! Explained situation and while on phone Mr Amazon despatched a new drive and emailed returns labels to print and asked to post faulty unit back within 30 days. Took under 5 minutes!

Oh the difference between Amazon Coustomer Care and DSG Couldn't Care

UPDATE...

Seems Currys have taken a vow of silence, no reply to my email of 3rd My and no answer to the letter sent via Special Delivery!

I sent this email earlier.....

Dear Sir,

I e-mailed you on 3rd May 2011 in connection with the above case, I have as of this evening Monday 9th May 2011 not recieved a response.

I also wrote to head office on the same day via Royal Mail Special Delivery (Tracking number ZW777368303GB Delivered 08.00 4th May 2011). The letter formally requesting this case be resolved within 7 days, I have not recieved any kind of reply to this correspondence either.

Since there has been no resolution and you have not replied to my last 2 communications I am requesting one final time that this matter is resolved before close of business on Tuesday 10th May 2011. Should this not happen it is my intention to apply to the County Court to pursue damages at the start of business on Wednesday 11th May 2011.

Guess what! No reply!!!

Seems this one is destined for the courts