The Nvidia Defect Forum

Comet still claim to know nothing of the problem, despite the fact that they have already refunded many customers on this forum, and are currently in court proceedings with many more (including me). If your laptop does indeed have the nVidia defect, you're definitely not wasting your time trying to recover the cost from Comet - they have a legal obligation to refund you the price, and however much they tell you otherwise, they can't get out of it.

Finding this forum is a good start for you - everyone's advice on here (especially Paul's) has been really useful for me so far in my claim. Unfortunately with Comet you'll probably have to go all the way to the court (although they're yet to actually turn up to a hearing), but you should get there in the end. Probably best to start by sending a letter before action - a template is available on this forum.

Good Luck,
Dave

Hello Isobel and welcome to our forum.

I don't know who you spoke to at Comet, but they certainly do know about the Nvidia defect - they get so many small claims actions against them with regard to this defect that even their cleaners must know about it.

I always advise people to disregard 99% of what the retailers tell them as most of what they say is either factually incorrect or inane drivel.

If your laptop is indeed inherently defective then you have a very good case to chase Comet and you would stand every chance of being successful if you did.

You need to contact Comet and tell them that you believe your laptop is inherently defective due to the Nvidia GPU.

They may tell you that you are out of warranty and that there is nothing they can do. You should tell them that you have six years from the date of purchase to take action if the goods in question are inherently defective.

They may then tell you to contact HP. You should tell them that your contract (Sales Contract) is with and not HP so it is for them to remedy the problem.

They may then offer an inspection. You should refuse this and tell them that the reverse burden of proof means that it is up to you, the customer, to prove the laptop is inherently defective and it is not for Comet to prove this (or not) on your behalf. You should tell them that you will supply your own independent engineers report and that when you do you expect either a replacement laptop or a refund.

They may mumble on about a repair. A repair is out of the question as there are no reliable parts available at this time.

There is a step by step guide available on this forum that will help you reach a successful resolution and that is here:- post13.html#p13

Don't let them fob you off Isobel, stand your ground and you will win.

Remember, if your laptop is inherently defective then they sold you a laptop that was doomed to fail prematurely which means that they have breached both the Sales Of Goods Act and your Statutory Rights.

If you have any questions or need any advice then 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.

Thanks, have already got a report which states M/B DOA. I will take this along to Comet with my receipt and laptop, and take it from there. I will persist and keep you informed of my progress.
Regards
Isobel

Isobel,

Does the report specify that it's an inherent defect with the motherboard? This wording is very important.

As Paul(lapcure) states - Comet will more than likely tell you that they will have to inspect your laptop at a cost to you of £49 or £59 (the price seems to depend on the mood they're in). Refuse this no matter what they say.

_________________
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, went to Comet on Friday. got the expected response, saying that my report states it only failed from the date of the report and not from when it was purchased so Sale of Goods Act does not apply! They also said any refund due would take into account that it had been used for a period of time and this would therefore be reflected in any refund I may be due.
I was somewhat surprised to find on my receipt that I had paid for extended warranty cover at the time of purchase, and this only expired on 18 Dec 09. I had paid £250 for it! I can't remember buying this cover! Clearly if I had known this, I would have gone straight back to Comet the first time it crashed. Is this likely to affect my claim?
Regards
Isobel

Hi,
I've tried to copy and paste your letter before action, however my machine doesn't seem to want to do it, maybe my software is older than the version you have used to create it. I've alos tried to print a copy so I could then retype it but it is not printing anything other than the heading. Any suggestions?
Regards
Isobel

Hi Isobel

You can use an online PDF converter which should solve your problem

1. Download the pdf letter which is located here letterbeforeaction.pdf
2. go onto http://www.pdftoword.com/ and click the browse button.
3. find and select the pdf file you just downloaded
4. Select RTF if you don't have Microsoft Office, Open Office or equivalent installed
5. The website will now convert the PDF into a readable format for you

Hope that helped

_________________
DON'T GET FOBBED OFF BY THE RETAILLER!!! YOU AS A CUSTOMER HAVE YOUR RIGHTS!!!
CLICK HERE TO SEE MY PROGRESSING BATTLE AGAINST COMET PLC!

Hi All,

Had my HP DV9574ea GPU fail at the weekend. Came accross this forum and spoke to Comet Head Office who advised they knew about the issue and needed to see the laptop. I did agree to this and dropped it off at store (they didnt mention an inspection fee)

There is an issue with the case, where one of the catches was faulty from new, which resulted in the corner of the laptop chipping away within the first 2 months I had it. I raised a case with HP who said it was a chargeable repair, and to be honest I let it drop and just put up with it, The issue was caused by the catch not engaging and therefore the lid impacting the light cluster when closed eventually fatiging the plastic.

I am concerned that comet will use this as fodder to suggest the laptop has been dropped / misused causing the failure which is not the case, Where do I stand on this?

I will keep you posted on what their service centre comes back with, the store attendant did phone me up and told me I didn't have a chance of getting a credit note which made me even more determined.

I work as a senior systems engineer and my wife is a solicitor, so bring it on!

Morning,
I managed to copy and paste eventually and have posted the letter 1st class recorded delivery to Comet yesterday. Thanks. My report only states M/B DOA.
Perhaps the engineer was unaware of the specific video chip problem, but he knew that there was a known problem with those HP laptops. I am so annoyed that I had the extended warranty without knowing about it, otherwise it would have saved me all the hassle I've had with the laptop from the beginning! Also, when I spoke to HP 2 weeks ago, they told me they had informed owners that there was a fault and they had written to tell them they had extended the warranty for year because of this. I received no communication from them. Is there any way my phone conversation with their helpline 2 years ago when it crashed the first time would be recrorded in their system, or is that too much to hope for?
Regards
Isobel

Hello Isobel,

Glad to hear you managed to get the pdf file in the end.

I don't believe for one second that HP wrote to everyone who was affected.

I have never heard of that before and the only notification that there was regarding this problem was their LWSE page that customers would have had to specifically search for.

So it is a load of baloney for HP to say they wrote to people.

I wouldn't hold out any hope of them still having a copy of the phone call from that long ago.

What I would do though is to also seek the refund of the extended warranty that you would have paid for.

On top of the refund that they will have to give you tell them that you also want the warranty costs back as well.

I don't think that the report you currently have will help you as it ony states motherboard DOA and to be successfull the report has to state that the fault is inherent.

Please let me know if you have any 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
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.