The Nvidia Defect Forum

Well...... I have sent 2 emails to the solicitors asking who their witness is and what evidence they intend to present..........and guess what? I have again been totally ignored! Another addition to my growing stack of papers to present to the judge!

How long should I wait from after the AQ has been filed until I get a court date please ciderboy? Is it too early to telephone the court and ask?

By the look of things I might just be one of the ones who end up at a hearing with a mystery witness!

Hi Annie,

Those solicitors are being a bit naughty.

I suggest a final email (or possibly recorded delivery letter) finishing along the lines of "Please note that if you continue to withold this information then your failure to disclose it will be brought to the attention of the District Judge at the hearing".

Give the court a couple more weeks before chasing them. Most courts are badly in arrears with their work at the moment (some up to 3 months in arrears).The current holiday period is going to make this worse.

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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.

Well.....now here's the thing . Paul, hang on to your hiking stick and don't look down when your checking your iphone (don't want you falling of the mountain when you read what follows..) and ciderboy - your use of the "n" word in your last posting seems to have caused a massive change of heart (we all know they check out this forum) - in fact - a sort of "crumbling" seems to have occurred...........

HP have made me an offer!!!!! They must have lost the details of their witness and been in complete disarray.

Here it is in ALL its glory - just anticipating ciderboy saying that it is legal jargon for go and get "$%&!!%?"

WITHOUT PREJUDICE SAVE AS TO COSTS (Oh, and they called me Madam....I am so excited!!! )

We write with reference to the above matter blah blah blah.

In your Particulars of Claim and letter dated the 28th July you have set out your request for a refund. We assume you are demanding a refund in accordance with Section 48C of the Sale of Goods Act 1979 (such act amended by the Sale & Supply of Goods Consumer Regulations 2002/3045). In accordance with Section 48C (3) as the unit was purchased in May 2007 (approximately 3 years ago), any refund you would receive would take into account the use of this unit during this period.

With this in mind we can advise that our client is willing to offer the following refund in full and final settlement of your claim.

Unit cost £1199.00 (the full unit cost without discount our client could
take into account)
Engineers Report £65.00
Court fee £60.00 (whilst the Court fee on your claim form is £70 the
amount claimed is incorrect. Had you claimed the correct
amount then the Court fee would be £60.00)

We confirm that our client is willing to offer the sum of £1324.00 in full and final settlement of your claim. This offer is made as a gesture of goodwill and not as an admission of liability. This offer is made on the condition that your old unit is returned to our client. We confirm that our client will arrange collection of your old unit.

etc etc

Wow!! £65.55 less than my claim but in fairness, because I reduced my claim, the court fees would have been reduced which I overlooked! It is a full refund of what I paid so usage was not deducted and for that I am completely overwhelmed - and the letter seems to have been written by a grown-up too!

Do I sense a "garden center" urge coming over me? NO! I do though have a tentative urge to go computer shopping............ which could, very shortly, completely overwhelm me! Paul - you need an "overcome by events" smilie!

Right - before I accept this offer please comment.

Should I be Annie the ?

PS And all this without any phone calls or guys called Keenhan!

Hi Annie,

Part of me wants to say not to go for it as I'll miss your posts on here

However, that is a damn good offer and, for the sake of £65.55, not worth taking any further.

It's time to bite their hands off

I think it's well worth giving you some 's (I must try to find some flagon of cider smileys)

Congratulations - but don't cancel the court case until you've got your hands on the cheque.

Oh, and stay clear of garden centres and the Brighton Lanes once you've got it

_________________
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 Annie,

Well done on your success

What a wonderful post to come back to and I am so pleased for you.

Like Ciderboy quite rightly says, it is time to bite their hand off.
for the sake of the £65 it is not worth pursing it any further.

I will also miss your posts and your undeniable sense of humour and your really deserve this win.

Well done again Annie and I am really glad we could have helped you reach this positive resolution.

Good luck and all the very best for the future.

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.

I could not have done any of this without this forum and all of you who have helped so much. Thank you and much more .I will continue to advertise the forum and tell everybody relevant that I come across all about it. Even my son in law and daughter who now live in the South Pacific have been told about the forum - they both have HPs and you just never know....

I wonder if one of the reasons the cave in happened so fast was that there was a serious threat of my submitting all my shopping bills (and to be serious I don't even really like shopping!!) and a claim for undue stress which would entail at least 6 weeks in the Seychelles. As far as Brighton Lanes are concerned - wild horses couldn't stop me from returning!

I even got prepared for another uncontrollable splurge after ciderboys warning about the court delays. I was all prepared for lots of traipsing around by buying a pair of Fitflops! Being the sort of person that believes in time and motion and fitting as much useful stuff in a moment as I can - these seemed ideal. They have been proven apparently to tone the buttocks and thighs while you walk - how about that then and much less dangerous than mountain climbing! There are mens' versions too that resemble rather fetching Birkenstocks...... I have to say they are extremely comfortable - I will let you all know how "the bits" fare!

I will let you know when I get the cheque - oooohhh! Do you think that it would be OK to take the hard drive out? I am getting it backed up at the moment ready for my new machine - my Fitflops will stand me in good stead when I go in search of my new one! I think my friend in Cornwall who loaned my this laptop will also be pleased to get it back!

Best wishes and thanks again.
Annie