The Nvidia Defect Forum

If according to form ........

Comet will do 'nothing'

maybe a further offer of a repair ........

Things will only really start to happen when court papers are issued

But,

you never know Comet may have turned a new leaf

By all means try Computer Active, for some reason the various media companies don't seem to want to pick up on this issue ... and good people have tried!


Good luck

Ralph

I agree - it's almost as if they've agreed to keep it quiet!

_________________
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.

Hi
I've just got of the phone to a guy in the directors office in Hull .

Surprise surprise H.P. Are offering a free repair., which I of course declined.

I think I confused him a bit by making my own offer to him that didn't conform with the company line.

I suggested to him that they should replace the laptop and refund my engineers reports costs (lapcue & there own). As I pointed out to him if they replace it it would be at cost price to them, if thy gave me a check I would spend with another retailer.
The come back was if they were to make an offer it would be based on the age of the laptop.
Now working on that I would get 3/5s refund that would be about £210 + 110 in reports + court costs of around £100-170 + any expenses that I have incurred during the pursuit of the claim + interest at the rate given in the forum. This could result in costs to them of £600 plus.

The way I was looking at it was I would get a new laptop to the value of £349 + 110. which is what I have paid out. Now if a lot of retailers are playing the same game over this issue, it would make no difference as to who I get the replacement from.

I'll post again when I get my reply

once they have got back to me I'll post the gentleman's name and direct telephone number on here others might find it useful

Hello Smudger,

No surprise that HP offered a repair - which you were right to decline.

I do hope that they take you up on your offer because like you quite rightly state, it will cost them a lot more if they don't!

I look forward to your update.

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.

Well the guy from comet has just got off the phone to me and all there will to offer is the repair, no surprises there. He did however say that any compensation that they would offer would take into consideration the age of the laptop. So I would guess that they would offer around £186.
I'm so p****d off by their attitude I think I will reject any offer they give me now and take it through the courts to a conclusion there.

Cant understand why they just don't take the cheapest option.

As they charged me for an inspection and wanted £122 to repair it taking into consideration that they were told the symptom's of what is a known fault by them. Do you think that would constitute attempted fraud? Which is a criminal offence. That's a point which I would be tempted to bring up with the courts.

So its of to the courts web site to start proceedings.

If its any use to any one the guy I spoke to to from Comet is

Ron Seal
The Directors Office
Tel:- 01482 592442

I'm sure he will be happy to hear from anyone else who has a problem lol

(To be continued)

Hello Smudger,



I have said this on an number of occasions. There has to be a law against retailers charging customers for a repair when the retailer really must know that the fault in the laptop is inherent.

I agree that it could constitute as being deception insofar as the retailer would have to imply that the failure is simply down to wear and tear and nothing to do with the fact the the laptop was doomed to fail prematurely.



Sorry Smudger, but that should be Ron Teale, not Ron Seal.

Good luck with your ongoing battle, you will get there eventually.

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.

are members of this forum aware that there is legislation out there where if it can be proved that a retailer, tradesman ect. can be shown to use a set pattern to obtain money that they know is to be unnecessary it its a criminal act of fraud. if retailers are aware of the nvidia defect when a customer returns a laptop consistently ask for payment for a repair, then surly this is breaking the law? if every one who has been charged by a retailer for the repair or been asked for payment with a quote, was to send copies to trading standards in hull. then surly they would have enough evidence to prosecute?

Hello Smudger,

Yes, I did know about that and have covered this in previous posts.

I think that the crime called fraudulent concealment.

The legal definition of fraudulent concealment is:-



I agree that any retailer who charges for a repair to an inherently defective laptop that they reasonably know is inherently defective should be guilty of such a crime.

If the above isn't relevant to what the retailers are doing then I am more than sure that there is a law that they are breaking.

The more customers that report retailers undertaking this practice the better.

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 after a year or reports and wrangling with Comet, I received a phone call from David Beaumont
Trading Standards Manager

And we have settled out of court. I was surprised how well he dealt with the situation and how honest and forthright he was. Pity the company couldn’t follow his example and save them self’s and me a lot of hassle and to them expense.

Thanks to all on here who gave me the gumption to push this through.

Hello Smudger,

Well done on your success

I cannot believe that you started your claim in July 2010 and it has only just been resolved. How shameful is that!

You should have claimed interest on the money

At least it all ended well for you so that is excellent news.

And well done to David Beaumont for sorting this out even though it did take an age to reach this stage.

Well done again.

Best wishes for the future.

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.