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PostPosted: Fri May 11, 2012 9:18 am 
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Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
Paul,

I received an e-mail from Comet today in response to my second letter (see below). They are not budging - they basically expected me to have known about the Sony warranty extension even though I did not register my product.

Looks like court action is the next step. Should I proceed straight to Moneyclaim.org or write a final letter before action?

Any advice would be much appreciated.

Regards,

Scott

********************************

If this issue is not resolved to your satisfaction, you may reopen it within the next 7 days.

Thank you for allowing us to be of service to you.

Response (Samantha Gray) 11/05/2012

Dear Mr Hunter

Further to your telephone conversation, I am responding in writing as requested.
As Sony have worked closely with Nvidia to identify the VAIO chassis affected by the defective graphics chip, together Sony and Nvidia extended the warranty period for this component to 4 years from the date of purchase. Failure outside of the revised warranty period was deemed to be natural failure of the component
Sony have also confirmed that the percentage of affected graphics chips was actually very small, it is certainly not the case that 100% of chips were destined to fail.

Although i would like to say how sorry I am that your Laptop has become faulty, due to the age and fault description of your Laptop any inspection or repair would be on a chargeable basis.

I trust this clarifies our position on the matter and would like to apologise for any inconvenience caused

Yours sincerely

Samantha Gray
Managing Directors Office


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PostPosted: Fri May 11, 2012 10:24 am 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

I am amazed by their response to you. For Sony to claim that failure outside of their four year warranty is "deemed to be natural failure" is, in my opinion, disingenuous.

Quote:
Sony have also confirmed that the percentage of affected graphics chips was actually very small


Have they provided any numbers to backup this statement? What do they call a "small percentage"?

In any event this is wholly irrelevant. What is important is whether or not your laptop is inherently defective, which it is.

Furthermore, if there is even a small chance that your laptop is inherently defective then under no circumstances should Comet be attempting to charge you for a repair.

Comet seemed to have overlooked the fact that you have provided an engineers report that states that your laptop is inherently defective and would rather accept unsubstantiated statements.

It is now time to file your small claims action against Comet. It is a real shame that Comet have pushed yet another customer down this route but then so be it.

I hope the above helps.

If you need any help with your claim then please let me know.

Best wishes

Paul
The Admin Team

_________________
=======================================================
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Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
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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.


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PostPosted: Fri May 11, 2012 11:38 am 
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Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
I have tried to be reasonable with Comet but unfortunately they have failed to recognise both the Sale Of Goods Act and my Statutory Rights. I find their arrogance insulting.

I am assuming they are taking this hard stance in the hope that the majority of people will just give up at this stage. But I'm not the majority of people.

Should I claim for the full £899 through the courts even though my actual entitlement is much less than this? Would this have any negative impact on the outcome?

Scott


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PostPosted: Fri May 11, 2012 12:01 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

As your laptop has been acknowledged by Sony as being inherently defective then one would have thought that Comet would be compensated by Sony, unless Comet purchased these "without warranty" in which case they bear the burden of the refunds.

I would claim for the whole amount of the laptop and then see what the Judge allows. The Judge may either allow your whole claim or will reduce it according to usage.

Please ensure that you keep copies of the emails you have received from Comet and submit them with your evidence as they clearly breach both the Sale Of Goods Act and your Statutory Rights.

You can easily show that you have been reasonable so this will not unduly impact your claim.

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.


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PostPosted: Thu May 24, 2012 1:18 pm 
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Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
Hi Paul,

Comet have issued an acknowledgement of service to the court. Does this mean they require more time to put their case together?

It has been nearly two weeks now and I have not heard from the court. At what stage can I put my case together and send the court my supporting documentation and evidence? The issuing court (Northampton) is also far from ideal for me as I live in Torquay! At what stage can this be changed to Torquay CC?

I expect that Comet will try to use the fact that I didn't take advantage of Sony's warranty during the extended period of cover, which has now elapsed. Obviously I wouldn't have known about this unless the laptop was exhibiting signs of the defect, which it wasn't until the laptop was out of warranty. Would Sony have communicated the offer of an extended warranty replacement had I registered the laptop at the time of purchase?

This is the only real issue that I am concerned with as I expect that Comet will try to use the fact that I didn't register the laptop with Sony against me in the hearing should it get that far.

Scott


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PostPosted: Thu May 24, 2012 5:52 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

What does it state on the Acknowledgement Of Service? It should either say they admit the claim, admit part of the claim or wish to defend the whole claim. If you filed your claim online then you should be able to login and check. Alternatively the court should have sent you a copy of the document.

Don't worry about where you live as the court case will be automatically moved to the court nearest your town and Comet will have to travel there.

Please also do not worry about registering your laptop with Sony as this will in no way affect your claim. Registering with Sony is optional and does not form part of the contract between you and Comet.

The fact that Comet sold you a warranty on an inherently defective laptop means that you would also be entitled to a refund of the warranty cost.

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.


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PostPosted: Thu May 24, 2012 9:21 pm 
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Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
Hi Paul,

I'm using the Moneycaim website.

I have logged in and under claim history it just says:

"Comet Group Plc issued an acknowledgment of service on 23/05/2012"

I haven't received any paperwork from the court.

I didn't buy an extended warranty from Comet. I was referring to the manufacturer's extended warranty that was offered to VAIO customers following Sony's admission of the fault. This was publicised on their website but the offer was only available to those customers whose VAIO's were less than four years old.

My understanding is that within the period of ownership of between four and six years the responsibility lies with the retailer under the Sale of Good Act as the product is of insufficient quality for the price I paid for it. Since my laptop failed after only four and a half years and the life expectancy of a laptop costing £899 should be well in excess of that, then Comet are legally bound to offer at least a partial refund or replacement laptop.

I really don't think they have a leg to stand on. I think its disgusting the way they treat their customers. They clearly don't give a s*** about any sale that occurred more than a year ago unless you took out one of their rip off extended warranties.

Scott


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PostPosted: Fri May 25, 2012 10:07 am 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

Quote:
I think its disgusting the way they treat their customers. They clearly don't give a s*** about any sale that occurred more than a year ago unless you took out one of their rip off extended warranties.


I have to agree with you. The way that they treat some of their customers is absolutely appalling.

Let's see what their defence is. If it is anything like the previous defences that they have submitted then it is sure to make an amusing read.

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.


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PostPosted: Wed May 30, 2012 3:21 pm 
Offline

Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
Hi Paul

Okay, I just had a call from a lady in the director's office offering me £300 cash or £350 Comet vouchers so that they can settle out of court. This is obviously good news and it shows that they now admit that they are unlikely to win the their case if it goes to court. (I will rule out their latter offer as I don't think I will be spending another penny in Comet again after the way they have treated me).

I told them that I would think about it and call her back. I called her back shortly afterwards asking if they can give some consideration to the consequential losses (i.e. £60 court fee and £65 report) which are refundable, as £175 isn't much to buy a replacement laptop with. As The lady said it wasn't her decision so will discuss it with her superior and call me back.

Assuming they are willing to pay out £425 (£300 for laptop plus £125 to cover the losses), do you think I should accept this offer or demand more? If they think I am taking the p**s would they be inclined to withdraw their original offer altogether so that when it goes to court they would hold it against me that I refused their out of court settlement?

Please help!

Scott


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PostPosted: Wed May 30, 2012 5:41 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

Well that is good news and it shows that you are now moving in the right direction.

In order to check whether their offer is reasonable you should use the refund calculator on this forum. That can be found here:- www.nvidiadefect.com/calc

The consequential losses are a separate item so please don't include this sum when using the calculator.

If the calculator shows a sum of around the £300 that they have offered then that offer should be accepted on the condition that they also agree to refund your consequential losses.

If they refuse then the amount that you would receive by way of a refund would be below that which you are legally entitled to so if you were to reject this offer then it would not go against you in court.

However, if they agreed to pay you the £300 and the consequential losses and then you were to refuse their offer then this could be seen as being unreasonable by the Judge and so he could disallow your court costs.

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.


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