The Nvidia Defect Forum

Hi Paul

My court date has arrived today and is set for 19th July. The judge has considered the case suitable for mediation. So if I would like to take up this offer then I can. If i'm really honest I do not want to go to mediation. They have had since January to mediate with me! I think I will just go straight to the hearing.

What are your thoughts?

Best Wishes
Sally

Hello Sally,

Well, to be honest I agree with you that mediation would be a complete waste of time.

They have had, like you said, since January to mediate with you and they have not. They have blocked your every attempt to secure your legal rights so, in my opinion, only a hearing before a judge will resolve this.

19th July seems so long away, good though if you have selected to also charge interest.

Best wishes

Paul
The Admin Team

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Hi Paul

I've just done the calculations based on usage which they may attempt to take off me (even though that really annoys me as I only managed just over 12 months proper use, and not 3 years grrrrrrrr) I calculated if I had paid £629.29 had 3 years use I should expect a sum in the region of £252. Now obvioulsy this will not buy me anything near to the specification of my HP laptop or arguably any laptop, but it that just one of those things I would have to accept?

I know on top of that i'd get my court costs, engineer reports, time researching, interest and extended warranty costs.

and yes I have selected to charge interest! 19th July does seem a way off but at least I can now see the end in sight.

Best wishes
Sally

Hello Sally,

Oh happy days!!!!

I have found a little snippet of evidence which will surely help you will your case.

I went to the HP website and found this relating to your laptop:- http://tinyurl.com/2ufnlpc

This will take you to the BIOS update page for your laptop.

You will note the following:-



That this tells you is that as early as 30th November 2007 HP KNEW that your laptop was inherently defective.

Although if you think about it, it would have taken them some time to write the BIOS update so then you can say that they probably knew months before the BIOS update.

What is so excellent about this evidence is that it proves that HP acknowledge the inherent defect in your laptop - hence the need to permanently switch the fans on.

You should print the page that the link refers to and add it to your growing file of evidence.

I think that you will find that it will go a long way to proving that HP acknowledge a problem with your laptop.

The BIOS update was just a band-aid fix that succeeded only in pushing laptops beyond their 12 months guarantee. The side effects were increased noise and decreased battery life.

HP really should have contacted all their customers and told them about the potential for the future failure of their laptop.

If you look at the quote above it does state:-

"TO REDUCE THE LIKELIHOOD OF FUTURE SYSTEM ISSUES"

Well, it didn't work in your case did it?

So, based on the fact that their "fix" didn't work it is time for a refund or replacement laptop.

Good luck and best wishes

Paul
The Admin Team

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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.


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Hi Paul

You are amazing!! This evidnce is great. I can now argue the fact that as soon as November 07 faults were known and yet there was no recall or exchange option and of course like you said it did not work for me, it only pushed my laptop through the warranty period and then failed. With this evidence I have much more of an argument that I did not have 3 years use.

Another blow to the phone call I had with Currys when the man guaranteed me 100% that my laptop was defective free and I should pay for a repair.

Thanks a million Paul, without all of your help I would of been fobbed off at the first phone call! and also I don't mind at all the link being sent to my work email.

Best Wishes
Sally

Hi Paul

Quick update, DSG have contacted the court saying that they wish to take part in mediation. I have just called the court and rejected mediation based on the fact they have more than enough time to mediate and i'm not wasting any more of my time with them.

So it's on to court!

Hi Paul

I have had a letter from DSGi and once again I am shocked. As I have said before they have never offered me a settlement figure. Well there is a copy of a letter that they "sent" to me enclosed with this new one. Now I would really like to see proof of postage for the letter dated 15th March as NEVER receievd it.

Anyway rant over. They have offered me in a full and final settlement £285.00 which takes into consideration depreciation and fees for obtaining the report and court fee. Needless to say I find this an absolute joke.

It does make me wonder if after the phone call they received from me asking for the settlement figure they offered me, after they calimed it in thier defence sparked there poor letter cover up attempt as they realised they had in fact LIED!

Sally

Hello Tinkersal,



I have to say I agree with you on this one.

And how on earth do they get to the figure of £286 which includes the engineers report and court fees etc? Is their calculator broken or can they just not add up or is it a bit of both?

Either way their offer is insulting to say the least.

I am sure the judge will also agree.

Won't be long now Sally.

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 Paul

I am just starting to put my court info together and I was wondering how I should use the information about the BIOS update?

I called about the offer I had been made and told them that I had never had the first letter. To which the man told me that he didn't know why that was. When I asked him why when I called and asked about the refund no one knew anything about the refund he said it was due to speaking to the wrong department and it is only him that has all of the up to date information and that I am not to call customer services as stated in the letter.......that I didn't recieve when I pointed that out he then rolled out another series of lies (in my opinion of course) to which I quickly decided to end the call with that's fine I have only called to reject the offer thank you.

I have till the 14th of June to pay for the hearing. I was originally going to pay for it immeadiatly but I decided to wait untill the deadline, as lets face it they would and do!

Thanks for you help Paul and congrats with all of the success of the site (just read the birthday update)
Sally

Hello Sally,



I would send a copy of the extra document I gave you to both the courts and also to DSGI.

This is because you have to declare all documents that you will come to rely on in court.



It never ceases to amaze me why DSGI continue to allow their customers to proceed to litigation when, in reality, they have no chances of winning.

All it actually achieves is to alienate their customers and increase the amount they have to pay due to the increased consequential costs.

Good luck Sally, it's been a long road but you will get there in the end.



Thanks for that Sally, much appreciated.

Good luck and 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.