The Nvidia Defect Forum

Hello Mostak,

There is no letter attached.

Please would you email me it and I will take a look.

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.

hi,

just emailed a copy of the letter.

thanks

Hello Mostak,

Well, I have read the letter you have received and what they are referring to is the fact that the warranty you have sent them must be the manufacturers warranty.

But then all warranty's are provided by the manufacturer so I do not know what they expect you to provide.

They speak of "breach of contract" and "misrepresentation" in their letter but do not mention breach of the Sale Of Goods Act.

Don't let this drop because in my opinion they are in the wrong when they refer to the manufacturer instead of the retailer. I would get back in touch with them and would advise them that this is a claim for breach of the Sale Of Goods Act and that they have not given consideration to this.

I would further tell them that unless they are prepared to look properly into your case then you will have no option but to proceed with a small claims action and will name them as the 2nd defendants.

You are perfectly entitled to do this as the laptop you purchased using their credit card is inherently defective and in complete breach of the Sale Of Goods Act. As the retailer is refusing to comply then the credit card company must.

It is wholly unacceptable for them to state that the warranty is issued by the manufacturer. Virtually every warranty is issued by the manufacturer and rarely by the retailer. Are they saying nobody is entitled to make a claim because the warranty is provided by the manufacturer?

I think not!

Give them a call and get them to reconsider or it is off to court you go.

Any questions please let me know.

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.

hi,

do you think it would be best to write another letter stating what you said as the people you get through to is in India and they haven't a clue what you say to them and explaining it to them is virtually impossible.

Hello Mostak,

I agree! It can sometimes be impossible to deal with some of the operatives that answer the phone who have no real understanding of that you are talking about.

I would write to their UK address as you will get a much better response.

I would also make them aware that this is not a warranty issue as I think they have got a little fixated on this.

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,

do you have a tenplate i can use and what address would you advise.

I have been sending my letters to the address on the letter that you have a copy of.

Hello Mostak,

I don't have a template letter as your reply is pretty unique. Just tell them the facts and that the warranty status is irrelevant as this is a breach of the Sale Of Goods Act.

Your letter should go to the person who sent you the letter and to the address detailed therein.

Best wishes

Paul
The Admin Team

_________________
=======================================================
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,

Please can you check the letter below that i have drafted in response to what you have told me to send to the credit card company.

Please can you advise if there is anything else i need to add or amend.


Dear Sir/Madam,

RE- Consumer Credit Act 1974 Section 75 claim

I recently contacted you with regard to a Section 75 claim I wished to make in respect of an inherently defective laptop I purchased using my Barclaycard.

I am very disappointed in your response and find that you are ignoring the issues in matter and not looking into my case properly. I feel that you are avoiding the matter and your responsibilities.

You mention "breach of contract" and "misrepresentation" in your letter but it doesn’t mention “breach of the Sale of Goods Act”.

I believe that you are in the wrong when you refer to the manufacturer instead of the retailer. I would like to advise you that this is a claim for breach of the Sale of Goods Act and you have not given consideration to this at all.

Please be advice that unless you are prepared to look properly into my case, I you will have no option but to proceed with a small claims action and I will name you as the 2nd defendants.

The laptop I purchased using your credit card is inherently defective and in complete breach of the Sale Of Goods Act. As the retailer is refusing to comply then you the credit card company must.

It is wholly unacceptable for you to state that the warranty is issued by the manufacturer. Virtually every warranty is issued by the manufacturer and rarely by the retailer. Are you saying nobody is entitled to make a claim because the warranty is provided by the manufacturer?

The warranty I have sent you is the manufacturers warranty, but then all warranties are provided by the manufacturer so I do not know what you expect me to provide. If a product is under warranty, the retailer would contact the manufacture and they would be advise if they should send the product to the manufactory direct or if the retailer should amend the product them self. In my case the warranty is irrelevant as the laptop I brought was inherently defective from the start when it was purchased.

I would like to inform you that I most certainly have substantiated my claim and have done so by providing you with an engineer’s report that clearly states that my laptop is inherently defective.

If you refuse to comply with your obligations then I will have no alternative but to proceed with my small claims action against the retailer naming yourselves as the 2nd defendants.

I would advice your self’s to reconsider this matter or I have no option and will take your self to court.

If you require any further information from me in order to conduct your enquiries then please let me know or contact me by phone on the number provided.


Yours faithfully

Hello Mostak,

The letter is perfect. All I would do is to remove the line that states "I would advice your self’s to reconsider this matter or I have no option and will take your self to court." and would add the line "Please note that in this matter time is of the essence"

Don't forget to send the letter via Recorded Delivery and keep a copy of the letter and the postal receipt.

Good luck and 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.

Thanks paul for looking at the letter.

Lets see what they say now, will keep you updated.