The Nvidia Defect Forum

Hello Anne,



Well, you do have to prove purchase so some form of documentation would be vital. A quicker method of retrieving the statement would be to contact your bank and request a copy.



Well you could always try that. If she is prepared to give you this then great but you really need to get something if not to prove exactly how much you paid.



Well what an inspiration that representative is and how astute of him to request a copy of the report to bring the matter up at a company meeting.

Though I find it hard to believe that nothing has been filtered down to the staff from the bean counters regarding this problem. Surely, surely, surely they MUST be aware of it?

They must be getting daily complaints from unfortunate owners of these laptops.

Whilst I have no problems with you showing him your documentation I would wait until you have won your case. You don't want any bad karma to befall you .

It wouldn't jeopardize your case, but I would keep it under your hat until you have won.

Any questions please let me know.

Best wishes

Paul
The Admin Team

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Hi Annie, I don't know why you're being treated different to myself. I never rang HP initially, as it seemed a waste of time, so just sent off the 2 letters before action, but no replies to either of them. Keenan then rang me a week after after the court case was filed, whether he was reacting to the letters before action belatedly or from the court case being raised I don't know.
I can give you the HP Exceptions Team phone number if you want, but don't really know their role, except they appear to be the only ones you can haggle with.
See the PM I sent you.

I spent yesterday submerged in my garage amongst all my "important stuff" (like heck!) - miracle - I found the invoice for my HP - never studied it before now. Should have kept looking for the bank statement with the proof of payment but ....the sun was shining, lalalala, didn't!

Now all you mathematicians - my maths is quite good but unless I was overcome with dust and grime, I have a feeling that I have irrefutable proof that not only casts doubt over HP staff's literacy but ..... shock horror, their invoice generating software/staff s' mathematical expertise and attention to their jobs!

Here's the thing:
Details on my invoice are as follows:

Item 1 My Pavillion blah blah Unit Price £1299
Item 2 HP loyal discount £100
(ha ha!)
Sub Total £1020.42
Shipping Charge £0.00
Net amount due £1020.42
17.5% VAT £178.58
Total Amount Due £1199.00

Even if I subtract 100 from 1299 on my calculator (remember dust/grime effect on brain) I get 1199.00. They have taken a mystery number - 1020.42 added VAT to that and got 1199 which is correct - BUT should it not be 1299 minus 100 X 17.5% which gives 1409 Or 1299 X 17.5% minus 100 which gives 1426.32 (I presume Vat is deducted from the discount price so the sum should be 1409?) - am I being incredibly thick or is there something amiss here? Are HP into VAT evasion perhaps?

I know this is getting to splitting hairs but it could be an interesting addition to my court submissions! I am going to telephone HP accounts tomorrow and ask them to check. I will also call my only friend Evelyn at HP and try and get her help again. I received my AQ yesterday and will start to fill this in in the next couple of days - got to make another journey to Brighton to do some more burrowing for back bank statements! If HP accounts do not assist me in this can I use this in my submission to the courts. Northender kindly asked me if I wanted Kennan's number from the Exultations/Exskullpations Department...I think it is up to HP/Keenan to communicate with me and why should I attempt to negotiate in what is and has been a very one sided (my side) attempt to communicate with them? I am beginning to get more annoyed that I am bogged down with stupidity like this! Hopefully it will not be months before we get settle - I desperately need a decent computer!

Should I presume that I will need to get the bank statement just in case HP try to twist around on purchase price or would and official invoice from them suffice?

So far so good - with many thanks going to all of you who have helped so much!

Annie

Hello Annie,

Like Paul - I always know I'm going to have a smile when I see one of your posts . It's great to see that you're managing to keep a sense of humour through all of the carp they're throwing at you.

Now that's an odd way to detail an invoice. It looks like it starts off by showing the price including VAT and then suddenly goes to a price without VAT

If you've got the invoice then there's no need for the bank statement - you just need to be able to prove the date & amount of purchase which the invoice does.

Personally I agree with you that it's for them to make the first move towards a settlement. At the end of the day, the longer they wait to settle, the more it's going to cost them

Let me know if you need any help with the AQ.

_________________
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 Ciderboy,
Thank you - I will need all the help I can get with that AQ!

The figure I purchased the machine for was £1299. I actually have kept the email I was sent and notes I made with the price, 1299 etc. When I called Evelyn she confirmed that the price in 2007 was 1299 plus VAT. I think I will search for the bank statement - the invoice shows a shortfall of £210. I cannot recall exactly either so I do not want to blabber on in court or otherwise and then have to eat humble pie about the price. I have juggled around all ways with the figures and they still don't reconcile - even the cheaper machine prices I was given don't add up. I'll let you know what HP accounts have to say!!! (hee hee!)

If the price needs adjusting which, according to the invoice and my thinking, would be approx £100 - how do I do that please?

That is the awkward bit - you would need to make an application to the court for 'leave to amend the particulars of claim'.

It's easy enough to do but will cost you £70 for the application. Unfortunately it's highly unlikely that HP will be ordered to pay this.

Definitely find out what the actual amount was from Evelyn but, if it's more than you claimed, then I would probably suggest leaving it as it is if the difference is under £200.00

_________________
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.

It would be about £100 less than I claimed on my figures - I will wait until I find the bank statement and speak to HP accounts - who knows.... they may even email me a scan of the correct amount or would that be expecting too much?

Hello Annie,

Sorry I missed your earlier posts.

That Invoice does seem odd doesn't it? - still, nothing ever surprised me with HP!

I would get verification of the amount you paid from your friend on the inside, Evelyn.

I do think you need to be sure about how much you paid so the bank statement might be your next find



Well, you can always ask, I cannot see why they would want to refuse to do this for you.

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?
=======================================================

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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.

Went in search of the bank statement with the HP payment on it. Another few hours amid the dust and grime of my garage - found it! Now on the statement the sum is £1199 as at the end of the invoice (reached albeit by a very weird and convoluted maths formula know only to HP! On my claim I have entered £1299 +VAT = £1526.33. - difference of £327.33 more than I should have. I probably have a couple of options:
1 Pay the court £70 as Ciderboy said I would have to do to alter my claim and not get it back from HP....OUCH!!

2. Send the HP Invoice and bank statement to HP solicitors and put my honest reasons for this discrepancy as follows (indignantly of course!):

Owing to the fact that I was unsure as to where the receipts were, I phoned HP and spoke to my only friend Evelyn and asked her if she could get the late May 2007 price of my machine for me so I could enter my claim against HP (yes I was completely up front with her and she was very sympathetic). Some bloke in "stores" came back to her with the figure of £1299 plus VAT - total of £1526.33 which married up with the email I was sent by the sales department (I will enter this in my pack?) - I didn't mention VAT or the loyalty discount on these notes. So I have contacted the horse if you like and from it's very mouth came these WRONG figures so HP AGAIN are to blame! I will draw attention to the weird invoice as well.

Is option 2 OK Paul and Ciderboy please?

I just hope things don't drag on too long. The trauma of losing my lovely fast machine has now, I feel, given me an overwhelming addiction to garden centers! When I should have come back from Brighton with the one sheet of paper with the HP payment on it - I found my car had become a moving flower bed and all the way back I was surrounded by a forest of bobbing shrubbery! And of course I have no idea how it all got there.... HP are really stacking up their answerability to me now but I suppose I had practice using my side mirrors which I often forget to use!

I will start my AQ tomorrow but first need to sort out this discrepancy - will it delay proceedings if I have to alter the claim?

Annie

Hello Annie,

I have said it before but I will say it again; your posts always crack me up

You really do have a lovely sense of humour - which I guess comes in handy considering the circumstances.

Your mistake was quite understandable considering the fact that you purchased the laptop way back in 2007.
Couple that with the fact that your friend on the inside gave you incorrect information and I would say that the judge would be very sympathetic towards you.

I would try option 2 as it firmly puts the ball in their court and vindicates you of any blame for the discrepancy.

Ciderboy will know if this will cause a delay, though I don't think that it should.

You should also point out that as the amount of your claim is now reduced will they be prepared to settle with you.

You never know, a leopard can change its spots!



Bless you Annie, at least by the time this is sorted you may get on Homes and Gardens.

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.