The Nvidia Defect Forum

Hi Paul

TNT just collected the laptop parcel, on the way up to you now

Have a good afternoon

Regards

Frank

Got the report from Paul and laptop back. Excellent engineers report. Letter and report sent to Comet Managing Director by e-mail and hard copy. Comet sent e-mail back as receipt. Waiting for the seven day notice I have given Comet to come up with the goodies. If no luck by the coming Friday then will initiate small claim. Laptop failed this morning like Paul said it would. Grossly overheating.


I do have to admit that that Comets receipt letter stated that they are investigating the matter and will contact me within the next few days. They should be aware that I am more than willing to take this right through the system and will come out on top.

I now have a fat folder made up with all the communications made ready to go.


Regards

Frank

Hello Frank,



Thank you for your kind words, much appreciated.

Good luck with the next stage. Like you stated, if Comet do not reply within the seven days then you should proceed straight to litigation.

If you used the template letter from this forum then they should know that the final line states that "in this matter time is of the essence".

Fingers crossed for you.

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.

Indeed I did use the template letter Paul, should get things moving. This coming Friday is the deadline, then small claims initiation.


Have a good evening

Kindest regards

Frank

E- mail back from Comet and reads:

Having spoken to Hewlett Packard about this, they have reviewed the information you sent us. Based on the information given, it has been established that the affected unit is not covered by the HP warranty nor by any applicable HP Limited Warranty Service Enhancement program. According to their records the symptoms that have been reported, may occur due to a varierty of causes, in particular in aged units including wear and tear in their expert opinion. Following review of circumstances including the unit history, they have decided that a deviation from the warranties is not justifiable in this case. In view of this regrettably, we are unable to offer a refund or reimburse any repair costs. I do hope the above clarifies our position and I apologise for any inconvenience caused.


WoW I say, what a response. I am now going to take them to court.


Claim forms completed and sent off, now to collect historical documentation in relation to claims made in relation to inherent Nvidia defects.

Kindest regards

Frank

Hello Frank,

When will these retailers get it into their heads that it is irrelevant what the manufacturer says?

You have an engineers report that confirms the defect in your laptop. There is no mention of that report in their reply to you.



Talk about grasping at straws!

The fact that your laptop has failed with exactly the same symptoms as the laptops that are on HP's rather limited list seems to have slipped their notice.

One of the most prolific manifestations of the defect is the artefacts that were present in the display. Again, HP/Comet seem to think that by stating because your laptop was purchased in 2007 then this is purely wear and tear.

Well, if that is the case do all the other laptops that have failed with the defect and were purchased circa 2007 fall into the same realm?

I think not!

It is absolutely nonsense to attribute the failure of your laptop to wear and tear and they should know it.



What on earth do the warranties have to do with anything?

HP are not the law and they are governed, just like Comet, by the Sale Of Goods Act. It is this that takes precedence and not their own company policy, which in reality is not the law and so is an irrelevance.

Comet have been in this position many, many times and on each occasion when they appeared at court they lost.

In fact, after a recent loss at court the Comet representative asked the claimant if he was happy with the outcome to which he replied he was.

When the claimant asked the same question to the Comet rep, he stated "we are exactly where we expected we would be".

Make of that what you will!

Good luck with filing your claim. It is a real pain that you are having to resort to litigation but if this is what it takes then so be it.

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.

Cheers Paul

Your support and dedication to the cause is an inspiration to all.

I am looking forward to going to court now and at present I am making up a pack to take with me. It will include all correspondences to and from Comet plus the history of Nvidia in particular to the failing components.

I see that the electronic claim went to Northampton Court so I assume that I will have to go to Northampton for the hearing. It will be a day out eh.

Comet have never even attempted to offer a repair, replacement or reimbursment. Funny outfit eh.

Thank you again Paul

Kindest regards

Frank

Hello Frank,

The case should be transferred to a court nearest to your home town.

If Northampton is the closest then that is where it will be. If there is a court closer then you can request transfer to there.

Comet are likely to send their Trading Standards Officer to court, a Mr David Beaumont, who by all accounts is a fairly reasonable man so you may be able to cut a deal on the day prior to setting foot into the court room.

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 much appreciated.

Portsmouth is the closest to me, nice trip out eh.

Thanks again and have a good evening


Kindest regards

Frank

Here we go then, just had a letter from HM Courts stating that a claim has been filed today namely the 18th October 2011. The Defendant now has a total of 28 days from the date of service of the claim to file a response. Mr L Laws the Operations Manager intends to defend all of this claim. Flipping Heck, how many times do Comet run into brick walls? Don't they know that there is a global problem and accept ownership and accountability for selling inherently defective products. I am certainly going all the way with this claim and hope that Comet can do the Fandango or Tango. Here I am sat with a plastic brick sold by Comet, makes me want to yak up. I shall win

Regards

Frank