The Nvidia Defect Forum

Hi

Need a quick view on this please

I have been through the process with Ebuyer, got engineers report etc and everything is with them. They are refusing the return as the laptop had a new hard drive put in about 9 months ago by me (well outside of warrenty etc) They are saying they can only work with the complet original kit supplied by them and that any warranty has passed to whoever replaced the hard disc.

Is this legal? the device has a proven inherent design fault. Outside of warrenty an item was replaced (they fit a screwed door to allow you to do this !!) Can a replacement of any item but in particular a hard drive mean they are able to wash their hands of an inherently fault laptop.

Really pissed at them now, until this i had been reasonable - now i am really mad at their attitude

Hello Hill and welcome to our forum.

Try not to be too annoyed or stressed with this. Life is to short to let something like this stress you out.

The law is on your side and that is what matters because at the end of the day no matter what Ebuyer say or do you have the upper hand because your laptop is inherently defective and they must know this.



The fact that you have had the hard drive replaced is an irrelevance. A hard drive is a moving part and is probe to failure and so Ebuyer cannot absolve themselves just because the hard drive has been replaced.



I would take absolutely no notice of them whatsoever as the information they have given you is absolute baloney.

What law are they referring to when they state that the warranty transfers to whoever replaced the hard drive?

Who did you speak to at Ebuyer, the cleaner?

I would get back in touch with them and would tell them that the information they have given you is completely false and misleading and they if they continue to try and remove or reduce your rights under the Sale Of Goods Act then you will report them to Trading Standards. You should also tell them that it is an offence, punishable by fines, for any retailer to give false or misleading information in order to remove or reduce a customers Consumer Rights or their rights under the Sale Of Goods Act.

That should prompt them to change their attitude.

It is ridiculous that Ebuyer are trying to refute your claim with such a tenuous argument when they must surely know by now that the HP 6735S is inherently defective.

Don't let them fob you off like this. Tell them that unless they comply with their legal obligations then you will proceed to litigation and will inform the Judge of the wholly false and incorrect information that they have given you.

I hope the above helps.

Any questions please let me know.

Best wishes

Paul
The Admin Team

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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 for the reply. As i replaced the 160 gig HDD with a 250gig HDD a year after the end of the warranty here is todays reply from them

Thank you for your response dated 25th October 2011.

After receiving advice from management I can confirm that as the hard drive that has been added to the laptop is not specified by HP for your model this can cause the item to run faster and therefore cause possible overheating which could lead to failures in other parts of the item. Due to this we are unable to accept the item back for return. We will be sending the item back out to you, please can you advise a date of when the return will be convenient and we will send this via courier.

Once again I apologise for the annoyance and inconvenience caused.

i have replied to ask if they are really saying one hard drive can run so much faster as to be a casue for this failure. i have also said that there is a reverse burden of proof, i have an engineers report to say that the device failed due to an inherent design fault, and that they have to proove this is not the case and not make some crazy assumption that a hard drive "can cause the item (whatever that is refering to) to run faster"

Really frustrated with them and so i have summarised the sequence of events and asked them to confirm this is their final position before i got to small claims.

Interesting ! i filled in a form on their website to raise the issue with their MD as i am so frustrated at thier attitude i want to get someone to just speak to me !!- i was expecting this to be in parallel with everything else but it would seem not

"I can see that this has now been dealt with via our Managing Director contact form, this will now be dealt with via this department. They will investigate this case then contact you shortly"

I have replied with the following

I only want a resolution to a faulty laptop !

My reason for raising this with you MD is to try to get some reason into the proceedings and to be able to speak to someone in authority - I would not expect any other activities to stop because of this

I have completed all of the required information to lodge a claim in the small claims court, I told you I was going to do this and yesterday gave you 24 hours notice to come to a sensible resolution. Waht has been stated by your manager is not what I would consider - as a technicaly competent IT manager - to be sensible! - I feel I have been fobbed off with exscuses and misdirection and if I do not have a satisfactory solution by the end of business today (5:00pm) I will lodge my claim. I have repeatedly advised you that in this case time is of the essence and unless i hear otherwise i will take your mail from this morning as being the final position of EBuyer.

I suggest you escalate this as required so that someone takes the time and makes the effort to at least speak to me today about this issue and lets me know what will now happen and the timeframe. My number is XXXXXXX

To finalise my position: there is a reverse burden of proof for me to show that the product you sold me has an inherent design fault and that this was the cause of the early life failure. Through the use of an independent engineer I have shown this to be the case. In my opinion you have taken no definitive actions or provided any specific evidence to refute that the failure was due to this inherent design fault.

So i have been to the MCOL website, registered, filled in all the details and identified my claim cost as being a reduced amount for the laptop due to some usage, the cost of the report and 20 hours of my time at £7 and hour (and that is cheap for me belive me). After 4 months and almost 30 mails back and forth i think it would be appreciated that i did try. I just wanted a solution or someone to call and discuss the options ....... i even tried to phone this morning and was told the resolution team dont take incoming calls from customers - seems they dont make outgoing ones either.

I am not sure of the leagality of some of this stuff like the saying a replacment hard drive could cause over heating without doing any testing of what temp the drive runs at, is it outside of the HP spec, just an assumption or opinion of someone. i did find a white paper giving the specification of the laptop, on page 106 (yes it was a big document but what the hell i sent it anyway) it gave the specifications and there it is 160gig as was mine and then for 250gig (the size i put in) and 320gig, even bigger. wonder if the manager at Ebuyer thinks they will just go into meltdown?

Will let you know how it progresses but unless i hear from them today I will send off the claim and just stop having these stupid debates with them

your going to love this ..... from the office of the MD

I was most concerned to receive you email expressing your dissatisfaction
with the way in which your recent return has been dealt.

Upon investigation I can see that the item is being returned back to you as
the hard drive that was within the item was not the original hard drive sold
with the item. The Hard drive you have installed is not a recommended by the
manufacturer as being compatible with your laptop.

Compatibility information can be viewed on HP's website for your
information.

Our technicians have looked at your item and advised that the hard drive you
have installed causes the laptop to run too fast causing, it to overheat and
effecting the performance of the item and it is for that reason we will not
accept this product back at this time.

In this instance you will need to prove that the fault is within the item
and not the part you have replaced. Our skilled technicians believe that the
hard drive you have installed could in fact be behind the issues you have
reported. Due to the fact that you have had the item over 6 months the onus
is on you to obtain an independent technicians report to prove the fault is
with the product and not the replaced hard drive.

They have the report saying the fault was with the chip !! Anyway i have responded and told them to clarify what they mean by fast, how it manifests itself, i questioned if HP keep up to date compatability lists for old models etc etc but i expect noting of sense back. i will hold off for their final response and then hit the button for the claim, fed up now and i can afford a fight !!

Oh and i used the analogy of replacing the car tyres making all bets off, guess they wont get it .....

Have sent a mail to Paul asking for help and support in answering the points rasied by EBuyer as he did the original report and is competent to comment on the validity of their stance from a technical perspective. Last chance before court i guess

Hello Hill,

Sorry to hear of the problems you are experiencing with Ebuyer.



What absolute nonsense!

I have never heard such rubbish from an IT related company.

There is no way on this earth that a hard drive can cause a laptop to overheat. Period. If you don't believe me you can ask any computer company that knows what they are talking about and they will concur with me.



Can you believe that? And from the MD's office as well. Absolutely scandalous!



The information on HP's website is outdated and does not reflect the current advances in technology.

But hard drives are compatible across systems as long as the interface is compatible (IDE or SATA)

So there can be no "compatibility" problems as they claim.



Skilled technicians??

Skilled technicians??

Are they being serious??

If they were so skilled then they would know that laptop hard drives have two spin speeds. Some spin at 5400 RPM (Revolutions Per Minute) and 7200 RPM.

It is highly likely that the hard drive that you purchased will be 5400 RPM, like the one that came with your laptop. 7200 RPM drives whilst available for laptops tend to be used in desktops.

In any event, even if the drive is a 7200 RPM drive this only affects the access speed of the drive and would not cause the GPU to fail in the way that it has.

It is clutching at straws to blame the hard drive and it would be really easy to disprove their claims.

I would waste no more time on them and would press the button to file your claim.

Only then will they sit up and pay attention.

If they don't and they try and fight your claim then they will be left with egg on their faces.

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.

Cheers Paul - I look forward to sending them the additional supporting information relating to the possibility of the hard drive being a potential contributing factor having carried out an inspection of the laptop yourself as we have discussed.

I have also sent another mail to the MD's office asking them to clarify explicitly some of their statements to me so that it is clear that i, as a "normal consumer" could not possibly misinterpet some of the things they have said as being misleading or incorrect, including asking about which specific legislation transfers the responsibility for warranty and design faults to any third party making any kind of repair, that changing the HDD (out of the 12 month warranty) has voided any "warranty" i have with them????? I would not like to think that they would misrepresent some of these things in order for them to avoid their responsibilities or commitments - after all that would be illegal wouldnt it?

I am a very resonable person, i only wanted what i was entitled to and the responses i have had from Ebuyer have stunned me by thier inaccuracy and just simply their by their attitude. It seems they are incapable of phoning a customer, you cannot phone into them and any and every possible exscuse can and will be used ...... dont want to resort to the small claims court but if thats how it has to be

thanks for the support

Hello Hill,



It is illegal for any company to give false or misleading information that reduces or removes a customers Consumer Rights or their rights under the Sale Of Goods Act.

Funnily enough I started a thread on this forum recently for this very reason and that can be found here:-
have-you-been-lied-to-by-a-retailer-if-so-then-read-on-t1793.html

If you can get Ebuyer to put in writing that the warranty (or lack of it) transfers to the company who repaired it and that a 7200 RPM drive spins faster therefore caused your laptop to fail then you would be able to hand that information to the relevant authorities with a view to charging Ebuyer for breaching The Consumer Protection From Unfair Trading Regulations 2008.

Hopefully that will stop them from trying to fob their customers off with such false and misleading information.

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

Would something in writing look like the info below i got from Ebuyer a few days ago? to a "normal consumer" could this be considered as misleading ! just to remind everyone the hard drive was replaced by me a year after the warranty with ebuyer had ended - and they were well aware of this and i made it perfectly clear from the first contact my claim was under the sale of goods act. I have asked why they think i would have needed to tell them this, no reply - Note the last few words ! i have asked them what legislation this is covered by? still not had a reply to that yet ! but still my claim is being fobbed off

Ebuyer resolution team = Unfortunately as the item that we have received from you is not the full unit supplied by Ebuyer we are unable to offer a repair or replacement in this case. We should have been notified about the items fault before getting a repair done by an independent technician as this has now voided the warranty with Ebuyer. We will need to send the item back to you and you will need to go back to the company that repaired the item and make a claim with them as the warranty is now held with them