The Nvidia Defect Forum

Hello Ernie,



What on earth does "of the latest revision" mean?

The guarantee that I advise you get is as follows:-

The mainboard that is being used to repair your laptop is from a completely new batch and is 100% free of the Nvidia defect. If, at any time in the future it transpires that the mainboard is inherently defective due to the Nvidia GPU, then a refund or replacement laptop will be given.

I would also ask them for the part number of the mainboard that they intend to use.

This is very important as it will allow us to check if indeed it does contain a new Nvidia GPU.

Your laptop reverting to the failed state does not surprise me. The fact that a number of retailers have tried to use the fact that the laptop works after the rework test in their defence shows how little they know about this problem.

Without the part number and guarantee I would reject their offer of a repair.

Good luck Ernie.

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.

Happy Birthday

Dear Paul

I have received the following to my letter of the 1st of June which they received on the 2nd June, and today I received the reply, on the 14th June.

Dear Mr Goddon

( I requested I year and new part)

Please could you advise if Part number is genuine before I file a small claims online.

Kind regards Ernie

Hello Ernie,

I have checked that part number and cannot find out much information except for the fact it is not a newly released board.

I would expect that if they were to use a board that would be guaranteed to be free from the defect then the board would have to be pretty recent if it were to incorporate a newly revised Nvidia GPU (though there has been no news forthcoming from Nvidia that new chips have been made to replace the defective ones).

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
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Why you should not accept a repair
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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

Thanks for your trusted opinion I will await your reply before proceeding with the small claims court.

Kind regards Ernie

Hello Ernie,

I have amended my post above as I was given wrong information about your mainboard.

The mainboard is indeed not a current model and so will probably contain one of the defective Nvidia GPU's.

You should ask them why they are using a discontinued board which is not available for purchase through HP's own website?

That can be viewed here:- http://partsurfer.hp.com/Search.aspx?Se ... 396441-011

In Comets initial communication they said to you:-



Quite how a mainboard that has been discontinued can be "of the latest revision" is beyond me.

Surely "latest revision" means recent? And if so can a discontinued board be considered recent?

I would again request from Comet a written guarantee that states the following:-

"The mainboard being used to repair your laptop is from a completely new batch and is 100% free from the Nvidia defect. If, at some point in the future, it transpires that the laptop is inherently defective due the the Nvidia GPU, then a refund or replacement laptop will be offered"

I would also ask them why they plan to use a discontinued board when they initially told you it be "of the latest revision"

Please let me know what they say.

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.

Dear Paul

On monday the 4th October In have a Hearing at the Bristol County Court @10.30 am.
I have your report and a host of other info, but as the hearing is scheduled for 10 minutes, what if anything should i prepare before hand ie: a summary of events ?.
I cant see how I can attach the defendants statement can you enlighten me !!

They are in shortenend version saying

1. The Claimant purchased a Hewlett Packard laptop from the Defendants on 17th November 2006 . He paid £810. for the laptop.

2.We cannot admit or deny that the claimants laptop failed due to an inherent defective Nvidia CPU as Hewlett packard are a seperate company and we do not have acces to their records and the claimant has not substanciated this claim.

3.The request for a full refund or exchange was received in April 2010, some 41 months after purchase. Having had the laptop since November 2006 the claimant has,Quote: based on time accept the goods and therefore waived the right to now reject it and obtain an exchange or refund.un Quote.

4.The claimant has been offered a free of charge repair but has declined the offer. Th Defendants believes that given the the age of the laptop this offer was a fair one and complied with the sale of goods act for goods of this age.

5 If, which is not admitted, the claimant is entitled to a refund we believe any refund should take into account the the 41 months the Claimant has had the laptop..

Many Thanks Ernie

Ernie,

First things first - just in case you've ever been to Bristol County Court before - they moved a few weeks ago and are now at a new building in Redcliff Street (near Bristol bridge) rather than the Lewins Mead address.

One thing that would be worth preparing is a skeleton argument - basically a list of bullet points covering the main facts. This will help the District Judge to quickly get to the main points.

Based on what you've posted above make sure that you've got evidence that repairs fail (this should also be detailed in your engineers report assuming you got it from Paul).

When you're in the court address the judge as Sir (or Ma'am). If you're unsure of what's happening at any time then ask - the judge should explain everything to you.

I've not been to the new Bristol building but seem to remember somebody saying that the hearings are in rooms that resemble court rooms rather than the normal 'chambers' (which are basically the judge's offices) - don't let this put you off at all, it should still be fairly informal.

Also, work out roughly what your transport, parking etc costs are for attending the hearing as, assuming you win, the judge may allow you to add these onto the judgment.

Try to arrive in plenty of time - the odds are that the defendant will approach you at the court in an attempt to settle before you actually go in to the hearing.

Good luck

_________________
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 Ernie,



What a load of baloney!

What has HP's records to do with it? I can tell you, absolutely nothing!

How can they state that you have not substantiated your claim? You submitted an engineers report which proves conclusively that your laptop is inherently defective. What more do these clowns expect?



They may have offered you a free of charge repair, but they did nothing to prove that the repair would be free from the defect. Under such circumstances you were right to reject the repair.

Comet stated to you that HP had said that the replacement board "was of the latest revision". What does this mean you may ask?

Well, the only thing that they could have done is switch the fans on 24/7 (nothing new there) or changed the heat sink aperture.

The part number for the mainboard remains the same which means that there is nothing physically different about the board. If there was then they would have give it a different part number so that it could be differentiated from all the defective product.

As I stated in a previous post, HP had said the board was "of the latest revision" yet the board is a discontinued model. Another reason why you were right to refuse their offer of a repair.

It won't be long now Ernie and then your ordeal will be at an end.

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.

hi Paul Happy new year

Sorry for being tardy in repling but due to moving house and all that goes with it, broadband connection etc, i did not inform you that i was successful in getting £650.00 by cheque in full and final settlement from Comet. and retained the laptop for all its worth.the court invited us to resolve the issue in one of the rooms or if not to return in 1 month, all i can say is dont let them get away with it and stand your case. my main reason for this info is without your guidance i would have given up.

thanks again Ernie.

Hello Ernie,

Well done on your success.

No problems with the delay in posting your success, moving house is a traumatic time and I am sure your hands must have been full.

I am a little intrigued as I didn't realise you had gone as far as court. Did you get a full hearing or did Comet choose to settle out of court?

Well done for sticking with it Ernie, persistence really is the key.

Thank you for your kind words in your post, much appreciated.

Please let me know is Comet settled out of court.

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.