The Nvidia Defect Forum

SUCCESS – I have now accepted HP Direct Exception Team's offer of a new 12 month guaranteed DV3-2230EA to replace my defective DV2535EA laptop.

Lessons to be learnt from my experience if you're having the same problem with a HP Direct supplied laptop:-

• They do not respond with any decent offer when you telephone them, only state it’s out of warranty & will offer a standard price repair. Do not accept this.

• They do not respond when you send a Letter before Action citing legal action

• They do not respond when you follow up with a Letter before Action together with an Engineers Report confirming the NVidia defect

• Start a small claims court action using http://www.moneyclaim.gov.uk & then they will sit up & start taking notice.

• Their solicitors will initially defend the claim in full, but nearer to the court action deadline for a response, HP Exceptions Team talked to me & offered a free repair. They will not however guarantee in writing that the repair parts are free from the NVidia defect, so I rejected their offer totally as unacceptable.

• They then re-considered & offered me a replacement laptop, but needed to come back with the specific model number.

• Assess whether you think the replacement model is acceptable specification & moneywise.

They wouldn’t offer any recompense to me for my costs of the engineers report, court case fees or recorded delivery letters. As it may not be worthwhile pursuing my claims through the court (where my payout may have been reduced due to 2.5 years use), I’ve therefore accepted the replacement after checking it’s new (not refurbished) & has a 12 month guarantee.
They also want the old laptop back, so no chance of getting some money back for spares.

DO NOT GIVE UP.
YOU DO HAVE RIGHTS FOR A REPLACEMENT OR REFUND (as no repair offered addresses the inherent defect) … AND HP DIRECT KNOW IT, BUT WON’T PAY UP TILL FORCED!!!

P.S Thank you Paul (Lapcure) for your help & the creation of this website. Without this, I would not have had the courage, detailed information or support to take on HP Direct.

Well, after arriving home, I now find HP solicitor's defence against me on the doormat.

It includes this statement:-

The Defendant notes the Claimant states he purchased his unit on 22 November 2007. Even if the Claimant can establish a fault / defect with this unit, the Defendant does not accept that the unit is/was not of satisfactory quality. The Defendant considers that it is not unreasonable to expect that the unit may require a repair after approximately 30 months of ownership and use. In such circumstances, the Defendant denies there has been a breach of the Sales of Goods Act 1979 (as amended).

It seems a different tack to the ones previously cited.

Still don't think the left hand (HP Exceptions Team) knows what the right hand (HP Solicitors) are doing. They're not in sync with each other.

A different tack but with the same basic flaw - the laptop was inherently defective when it was sold to you and therefore is covered under SoGA.

I wonder if the solicitors are charging them for the unneccesary work they're doing

_________________
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.

Hello Northender,



I thought they had agreed a settlement with you? Don't say they are back peddling after making an agreement with you.

Have you spoken to them since receiving the letter?

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.

I'm not sure the Exceptions Team & HP Solicitors are talking to each other on my case, although it was only yesterday I was offered an acceptable deal with Keenan (which I accepted first thing this morning), so the solicitor's letter was already on it's way. They had to respond to the court by 24th July. The Exceptions Team had however tried to contact me quite a few times earlier this month on my home phone, but I was away on holiday.
Once the new laptop arrives, I'll cancel the court action.

Hello Northender,

Ok, well that is good news then.

Bet you can't wait for the new laptop

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.

Well, the saga continues...

UPS came to collect my defective laptop today, but as there was no replacement laptop to be delivered, I turned him away.

I contacted HP, told them what I'd done & asked for some written confirmation at this point, as I have no evidence except phone calls that this replacement transaction has been agreed. They refused to send any written confirmation as they're not allowed to write anything down. Apparently after checking up, their process is to pick up the defective unit & only send the replacement once they've got their hands on mine.

At this point I went up a notch or two & told them what a pathetic customer experience this whole saga is. I am in I.T. myself & have thousands of customers; my customer contact is invariably followed up with email, such that my customer knows exactly what is going on & if I don't perform they can throw it back at me. Surely, myself as the customer is the most important person involved, but not it seems to HP.
I requested that my feedback on this inability to let the customer know what is going on via email be remedied, to improve their "customer service".

However, it seems that I will have to "trust" that sending back my defective laptop BEFORE receiving the replacement is the only way I'm going to get it currently.

Exasperating or what

P.S. Interesting that the defective laptop is due to be shipped to Hungary, perhaps their trading standard levels are lower than the UK

It's funny isn't it? I was told that I should have faith in HP to be able to repair my laptop - as they won't send me a written guarantee.

Had to laugh..

Hello Northender,



Well that tells you everything doesn't it.

Hmm, I wonder why they are not allowed to write anything down?

Could it possibly be for fear of them being sued?

Whatever the reasons it certainly sounds suspicious that they are not allowed to write anything down.

Do you think that they get their pens confiscated when they enter work on a morning?

Or does the security guys do spot checks to see if anyone is sound in possession of a pen?

In my opinion a company who is not prepared to put anything in writing has something to hide!

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.

SUCCESS...

My replacement laptop dv3-2230ea arrived today, so will have to stop the small claims court action now.
I've got the Allocation Papers at this point, any advice on how to stop the action?

Hope everyone else who's pursuing HP Direct take heart from my success, you WILL win in the end.
However, it's a frustrating time as HP Direct seem to refuse to respond with a replacement or refund unless you take court action.

Thanks for all the help given by the forum & Paul (Lapcure) in particular.