The Nvidia Defect Forum

Have HP laptop DV2500 series that has had problems with overheating and blank screen on start up. Suffering the nvidea defect we were reliably informed. Contacted the retailer (similar to Comet)and after numerours communications and emails I then decided to take to the small claims court (Australia). Amazingly they then decided to send the laptop off to HP for full repair. After more than 4 weeks and 2 more emails we were informed that the delay was a result of waiting for a replacement part. Retailer then said HP then opened and found evidence of owner error - a supposed issue with coffee spillage. (No chance of that as it was sent in for repair under warranty less than 9 months after we bought it as it was overheating and they did not act on the problem then)They have now recinded offer to repair.I am now waiting for court date. Has anyone else had a similar experience? Any advice? I would appreciate any tips on how I should handle this in court. Thanks Tony

Hello Tony and welcome to our forum.

Sorry to hear of all the problems you have had with your laptop and HP.

I have heard that line so many times. "Sorry but you laptop has water damage" or "sorry but your laptop has coffee spillage"

It is like they have a script that they change from time to time but the underlying theme stays the same.

I would ask them for evidence and photographs of the alleged liquid spillage.

Ultimately they had the laptop for four weeks and must have inspected it sooner than the date that they contacted you. Therefore if there is any liquid ingress you can state that this was not the case when it left you.

Furthermore, how coincidental it is that the so called "coffee spillage" could have caused a fault so similar to the Nvidia defect.

I have advised other members on this issue and have advised that such practices could be deemed fraudulent. If HP insist that there is liquid damage then you should get the laptop back, have it independently examined and if it is proved that there is no liquid damage you should consider reporting them to the authorities for attempted deception.

Just a thought, but it really does annoy me when they say there has been liquid damage when there hasn't.

Please keep us updated on your progress.

Good luck and 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.

Just got my laptop back after more than 5 weeks (even though the repair centre was only 20 miles away) Report says photos were taken, but i have not received any with the general report. It notes that they were not going to replace the motherboard and fan,as we were told, but replacing the sps-heatsink with thermal paste pad instead. So even if they had actually repaired it I would not have accepted it. It must be a coincidence that they noted spillage damage after I had contacted them to expressly request replacement with different parts not the one listed. Also found out the laptop was left over a week at the retailers before being sent for repair. Still being given the run around from the retailer regrding the documentation for the transport and repair too.

Hello Ozmanu,

I have heard of the liquid damage many times and on each occasion it was proved not to be the case.

I would demand copies of the photo's that they claim to have.

If they refuse or are unable to provide you with these then I would hav it checked elsewhere and if it is proved that there is no liquid damage then I would consider reporting them for attempted deception.

Do you have such a law in your country?

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.

After more than two months waiting for the "photo evidence" of the spillage, and numerous attempts to contact the retailer I find out today that the retailer has now gone into voluntary administration/ liquidation whilst still trading. What if any options are left to me now as the claim is still awaiting a hearing in the small claims court - do I still go after the retailer or do I now try to contact HP direct. I have no problem with going for it with HP as I have had a couple of dealings with them and I found them to be arrogant and obnoxious. thanks Tony

Hello Ozmanu,

The fact the the retailer has gone into voluntary liquidation is not good news.

How did you originally pay or the laptop?

If it was by credit card then you would be in a better position as you could take action against the card company.

I do not think that the retailer will turn up at court - even if they did, if they are in liquidation then you wouldn't get anything anyway.

I do not think that you will have much luck against HP as you have no contract with them.

You can always try pursuing them, but I think you may be wasting your time.

I have my fingers crossed that you paid by credit card.

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?
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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 the info. I have checked at this end too, and your advice is a match. I have checked with my records, and I did pay by credit card even though not long after this purchase I closed the credit a/c. Do you think this will affect any chance of a claim against the credit card company? In rereading the card's terms and conditions it is not clear whether they offer an extended warranty on that type of card, Basically, I would like to know if it is standard to all cards to offer the extended warranty on the product purchased. Thanks again, Tony

Hello Tony,

The fact that you have closed the credit card is not a problem. The card company still have a duty and a responsibility to you.

You mentioned an extended warranty on the credit card but this is not what I meant when I said the card company is responsible.

Whenever you purchase goods costing over £100 and pay by credit card then you have extra protection as the credit card company is equally responsible for the product you have purchased.

If it transpires, some 3 years later, that the laptop you purchased is inherently defective, then the credit card company is equally liable to you with the retailer to resolve the situation.

You can get a resolution from on or the other (but not both) as long as you can prove that your laptop is inherently defective.

This is called a Section 75 refund and you will find more details here:- http://tinyurl.com/3qlwor

So, it is not a warranty Tony but an obligation.

As long as your laptop is indeed inherently defective then you are in a very strong position.

Please let me know if you have any questions or queries.

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?
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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.

Thanks for your help Paul, it has been enlightening. In Australia we don't have a law like your section 75 sadly, we only have "charge back" with a 3 month limitation. in my investigations I have found that I can actually take action against the manufacturer as well as the retailer, but i cannot double dip. Now with the retailer in liquidation, there is no chance of that. Would you advise a registered letter to HP or start with emai correspondence as I have a personal customer service manager email address as opposed to the usual generic one?. As you can see from my previous posts i am still awaiting the photo evidence of the "spillage", with the photo apparently being taken by them on the 22nd march.

As I am actually due to visit the UK in July I am wondering if it would be possible or even advisable for me to use your services to get an independent engineers report on my laptop. My local computer shop who I have been dealing with through this issue has advised me that it would be a minimum of a 4 hour job and they feel their hands are tied without the photos. What would you recommend?

I look forward to hearing your advice, many thanks
Tony

Hello Tony,

I recommend sending all communications by registered post and please ensure you keep copies of all letters and postal receipts.

I have done a little research on your model of laptop and found this:- http://tinyurl.com/2v9sfmt

That link will take you to the BIOS update page for your laptop.

There you will see the following:-



You will note that under "Fx/Enhancement" it states "Turns the system fan on at the lowest speed....."

This was a "band-aid fix" by HP in the hope that the fans could keep the GPU cool. It failed dismally.

Reading further into HP's website it also states the following:-



So there you have it - HP admitting that the BIOS update was done in order to "reduce the likelihood of future system issues".

It didn't work did it!

Armed with the above information it makes it easier to force HP into admitting the defect in your model exists.

I don't know why the computer shop told you it would be a 4 hour job to test your laptop. It actually will take around an hour so I don't know what they intended to do.

If you would like to book for your laptop in for a report when you get to the UK then no problem, just let me know.

I would then use that report, along with the myriad other pieces of evidence to sue HP.

Their position is indefensible.

Please let me know if I can help further.

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.