The Nvidia Defect Forum

Hi

Hope you can help... here's my story so far

I'm currently pursuing a claim against HP direct. Bought my laptop in Dec 07 and it failed in august this year. I've had an engineers report done by Lapcure, written to HP twice, called them up, didn't get anywhere.

Through their solicitor (Shoosmiths), they sent a reply to my claim saying they intend to defend it on the basis that:

it would require repair after 33 months of use anyway

they aren't liable because the machine isn't faulty (even if i can prove it)

Then they sent another letter 2 weeks later saying that even if I could prove the unit is defective I would not be entitled to a full refund. They say they are assuming I'm claiming under section 48c of the sale of goods act 1979. Apparently under sections 48A-48F the potential remedies available to me are repair or replacement or potentially reduction in the contract price or recission (eh?)

So they are offering me a free repair and £60 gesture of goodwill (ie. a refund of the court fee).

My other option seems to be small claims court mediation - should I go down this route? Or do I contact HPs solicitors directly?

I'm grateful for any help you can offer

Hello Funnygirl,

Sorry to hear that you are no further forward with HP. This is to be expected as is their solicitors letter.



Did their solicitors not look at your engineers report where it states:-



What on earth do they mean by:-



You have proved it and it most certainly is faulty.

The report proves conclusively that your laptop is inherently defective. Have HP offered an alternative reason why your laptop has failed? No they have not so instead of spouting such inane nonsense they should be looking at how to resolve this situation.



Are they prepared to give a written guarantee that states the repair will be free from the defect?

Have they offered to refund the cost of the engineers report?

Are they prepared to divulge the part number pre-repair?

If the answer to any of the above is no then you should just sue them, it is the only language they understand.



Have you actually filed your small claims action yet?

To be honest I find the mediation service to be pretty ineffectual. At the end of the day HP have had long enough to mediate and I feel you could be just wasting your time.

Any questions please let me know.

Good luck and best wishes

Paul
The Admin Team

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hi Paul

Thanks for your comprehensive reply.

Yes, I've started the claim and it's been allocated to a local court, I'm just about to send the allocation form back to the court. I thought the mediation may be useful if it would achieve a similar result but won't bother if it doesn't work.

The tone of their letter makes it seem like they're doing me a favour and saving me the trouble but what they're offering is pretty lame.

Hello Funnygirl,



Well, it is only my opinion that it is a waste of time. I really don't think that HP will comply through mediation but you can always try.

The only problem is that if you do go to mediation and you get no success at that point then you have to wait for the court date.

This means that it will take even longer for you to reach a resolution.



I agree with you completely.

What I also hate is when they say "as a gesture of goodwill we will......" - what a load of baloney that is!

It is their legal obligation to resolve the situation so they should cut the "gesture of goodwill" baloney.

Don't worry funnygirl, your ordeal will soon be over.

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.

Hi there!

Quick update:

I replied HPs solicitors to tell them their offer was unacceptable and attached a copy of the Engineers report (yet again) on 9/12/10. Got a letter from them today offering £405.01 INCLUDING court fee and engineers report cost. This apparently takes into account that my unit was purchased on 31/12/07 (original cost was £629).

This is a bit of a change in tone from their previous offer but I'm not sure whether to accept it or proceed to court?

Once again thanks for all your help - I feel like I'm finally getting somewhere.

Hello Funnygirl,

Well, you are moving in the right direction.

By my calculations the refund for your laptop should be in the region of £304. If you add on the report cost of £65 this gives you £369. This then leaves £36 towards your court costs.

Depending on what your costs were I would get back to them and haggle for the difference for a quick settlement

If they refuse the extra bit then I would consider settling, though that depends on how much the difference is.

At least then you won't have to go to court.

Looks like those champagne bottles are nearly due

_________________
=======================================================
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.

Hi Paul

Yes, I think I would prefer to settle rather than go to court, break open the champagne that bit quicker and finally get my own laptop after having to borrow someone elses.

Just for clarity when I reply to the solicitors, how did you calculate the partial refund?

thanks!

Hello Funnygirl,

Wise move!

To calculate the refund the formula is as follows:-

1) You paid £629 for the laptop
2) A laptop should last 5 years = 60 months
3) £629/60 = £10.48 (this is the monthly rate)
4) You had 31 months out of the laptop
5) 60 - 31 = 29 unused usage
6) 29 * £10.48 = £304

I hope the above helps.

Any 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
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.

Brilliant! Thanks so much for your help. I thought it would save time if I just send them the calculation

Will definately let you know how I get on and give hope to others out there who think they won't get heard. It's a shame HP only responded to the threat of court action... but at least it will be sorted sooner rather than later.

Hello Funnygirl,



You are welcome.

You can just smell that sparkling new laptop heading your way

Won't be long now, you are almost there

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.