The Nvidia Defect Forum

Hi,

Here's the short but sweet response from Dell.

Not very helpful really, seems like they're just trying to drag this out...

Hello Finster,


.
Well that says a lot doesn't it!

Why all the cloak and dagger stuff? Why can't they just come out and say whether it is new or refurbished.

I don't think that the word "may" actually comes into it because Dell have already stated many times previously that the part that will be used will be refurbished.

It is up to you what you do now. Do you accept the report or do you proceed to file a small claims action?

This is a decision only you can make.

Best wishes

Paul
The Admin Team

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Thanks Paul,

Even though I think that Dell are being totally unreasonable in all of this (offering me a repair with a part that they won't confirm is free from the same defect), I'm a bit worried that a judge might just look at the summary that Dell are offering a free repair on a 3 and a half year old laptop, and decide that's a reasonable offer, leaving me even more out of pocket.

Do you know if Dell usually proceed to court, and whether anybody has been successful against them before?

Thanks.

Hello Finster,

There have been numerous cases that have proceeded to court where the retailer had offered a repair and the claimant won on the grounds that the retailer had failed to provide any evidence that the repair would be of a satisfactory quality.

Of all the cases that have passed through this forum none have proceeded to court and all were resolved at the 11th hour.

Of course, if the claimants concerned were forced to sign a non-disclosure agreement then they would not be able to post their success story here.

For legal reasons I cannot state who and how much members settled for but let's just say that there have been far more resolutions with Dell than this forum reflects, mainly because certain information has been removed.

As I said before, only you can decide whether or not you wish to pursue this further. All I can do is to offer help and advice on whichever decision you make.

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
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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 Paul - been busy last week so not had chance to sort this out yet, but I'm going to start a claim.

Cheers.

Just starting the claims process. Just curious if there is any advantage in naming MBNA as the second defendant, or should I just claim against Dell on their own and leave MNBA out of it?

Cheers.

Hello Finster,

Have you contact MBNA yet to file a Section 75 claim?

If you have and MBNA have refuted your claim then you should file a small claims action naming MBNA as the 2nd defendents.

If not then it would be worth your while contacting them to file your claim, you may get more out of them than you would out of Dell.

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.

Yes - MBNA have already rejected my Section 75 claim. Just wondering what the advantage is in naming MBNA as 2nd defendants - is it not going to complicate things, or even turn into 2-vs-1 in court?

Hello Finster,

I have to say that MBNA's reason for rejecting your claim is weak and I am sure that if you progressed this to the Financial Ombudsman then he would agree.

But that will take time and I guess you are eager to press on.

If you feel nervous about taking both Dell and MBNA to court then I would simply stick to suing Dell.

At the end of the day all that matters is that you reach a positive resolution so stick with Dell and we will see what happens.

Chances are this will not even reach court and a resolution will be offered at the 11th hour.

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 - claim against Dell submitted.