The Nvidia Defect Forum

Dear Paul,

I got a reply from the courts and I have PM you the letter. Its Comets defence.
Wanted to keep my progress updated for the board.

Thank you

Hello Gulam,

Thank you for sending me a copy of Comets defence.

I have had a quick look through it and there is nothing in there that you should be worried about.

Their defence is totally without substance and is one of the weakest defences I have seen.

Whilst they may try and refute your claim and deny that your laptop is affected by the defect they have not even tried to offer an alternative reason for why your laptop has failed in exactly the same way as those laptops affected by the defect.

It is no wonder they went bust treating their customers in the way that they do. I am just surprised that it took this long for them to go pop.

I will reply to you via PM later today with details on how to tackle their defence.

Best wishes

Paul
The Admin Team

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Hello Gulam,

I now have the opportunity to reply to Comets defence that you have been sent.

As I said before, their defence is weak and is without any substance.

Firstly, they have stated that the laptops that were sold with the defect were sold between May 2006 and January 2008.

I have listed below the serial numbers of a small batch of laptops that are of the same model as yours and that we have tested and had found to contain the defect:-

2CE8082Z60, 2CE8034970, 2CE803499X, 2CE8061WJ2, 2CE8061WT9, 2CE8061X36, 2CE8061X51, 2CE8061X5S, 2CE8074WBH, 2CE8080V25, 2CE8080V6D, 2CE8080V97, 2CE8082247, 2CE8082Z1F, 2CE8082Z62, 2CE8101J3H, 2CE8102GCR, 2CE8102GGT

I have highlighted your laptop for clarity. You will note that most of the serial numbers run sequentially which would indicate that the production line that your laptop came off was affected.

Furthermore we can decipher some further information from the serial number.

In your case the serial number 2CE8080V6D tells me the folowing:-

2CE = The country and the manufacturing plant where your laptop was made
8 = The year of manufacture (2008)
08= The week of manufacture (February)
0V6D = This sequence gives your laptop a unique identification.

So, your laptop was manufactured in February of 2008 along with most of the others listed above.

Are HP trying to say this is just coincidence?

Is is coincidence that all the above laptops have failed with identical problems?

I think not!

It is ridiculous, bordering on the inane, for Comet to try and refute claims based solely on HP's claim of either the laptop is not on their infamous "list" or that they do not accept a problem exists in your model of laptop.

Comet have not even tried to offer an alternative reason for the failure of your laptop so in the absence of that the report stands.

Finally, in point 4 of their defence they have put you to strict proof of your claim. Well, you have provided such proof and yet they choose to overlook it.

You also have to remember that on the 8th April 2008 HP released a BIOS update for your model of laptop which switched the fans on continuously. Why did HP do this if there were not a potential for your laptop to overheat

I note that there has been no mention of this update either by Comet or HP. That fact alone should have set alarm bells ringing in Comet's head office but obviously not.

Comet have settled with numerous owners of your model of laptop and as Comet seem to like printing off posts from this forum then I suggest you do the same.

If you click the following link you will see all the instances of your model of laptop and Comet's dealings:- http://tinyurl.com/7ue4dvt

Here is a list sold by John Lewis:- http://tinyurl.com/d4gr7tx

Here is some some by PC World et al:- http://tinyurl.com/cksh9se

Finally, here are some posts from the main forum:- http://tinyurl.com/bopbkmf

You should print some of the above, especially the ones relating to Comet and enter them as your evidence along with the other pieces of evidence that you will rely on in court.

The evidence is there for all to see.

I hope the above helps.

Any questions please let me know.

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.

Dear Paul,

Thank you for an awesome reply, I think you were born a lawyer!

I got the questionair today from the courts too. It says about mediation, do I need to say yes to this or can I say no? I mean would it look bad if I said no as the judge might think I didn't do enough before coming to the courts?

Thank you

Hello Gulam,

I would accept mediation because this can sometimes lead to a resolution without the need to attend court.

At the very least it will show that you are acting reasonably and are giving Comet every opportunity to settle this in an amicable manner.

It certainly wouldn't harm your claim to accept mediation.

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
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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.

Thank you Paul,.

Just one final question. It says, Do you want the expert of the report to attend court?
Is it necessary, if so will you, or should I say no.

Your more then welcome to come here Paul we can go for a cuppa on me!


Thanks

Hello Gulam,

There is no need for the presence of an expert at court and so the answer to that is no.

Any further questions please let me know.

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
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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.

Hello Gulam,

I was just reading through some of the Comet posts relating to your model of laptop and found this:-
post2882.html?hilit=DV2799ea#p2882

In the above thread both HP and Comet are offering a repair on your model of laptop using parts that "are free from the Nvidia defect".

You should certainly print out that thread plus the letter from Comet and include them in your evidence pack.

They are, in my opinion, dynamite.

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,

Thank you once again.

One Last final question:

on the court questionire it says: "The court may order the appointment of a single expert who can be instructed by both parties. If you think this would NOT be appropriate, please say why?"

What should I say to this?

Thank you

Hello Gulam,

No problem with the questions, ask as many as you like.

There should be no comment to that question.

By the way, in the thread that I pointed out in my last post Comet gave the customer a 100% refund.

Why would they do that if your model of laptop was not affected?

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.