The Nvidia Defect Forum

I would just add that you should be aware of where the breaks are for the court fees - if taking a couple of hours off will allow you to pay a cheaper issue fee then I would suggest doing so.

The list below is assuming that you issue using Money claims Online (it's more expensive if you issue directly at a court)

If amount claimed is up to £300, Issue fee = £25
£300.01 - £500, £35
£500.01 - £1,000, £60
£1,000.01 - £1,500, £70
£1,500.01 - £3,000, £80
£3,000.01 - £5,000, £100
£5,000.01 - £15,000, £210
£15,000.01 - £50,000, £340

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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.

Thanks ciderboy.

I genuinely forgot to consider that!
I'm taking some hours off to keep it under the £1000 mark.

Thanks again,

Adam

I have posted my claim now...but I forgot to name my bank as the 2nd defendant!

I suppose I was preoccupied adding up all the recorded delivery fees.

My claim has been issued, however, so I am unable to change it (as far as I know).

I'm sure that naming my bank would have only speeded up a resolution as opposed to being important in the validity of my claim.

I am frustrated at myself as I feel my bank have "got off" but I am writing another letter to them highlighting their insufficiencies. To be honest, they will probably lose me as a customer.

Hello again,

I got the letter from "shoosmiths" today saying they are going to "defend all of this claim". It appears that I may be in for the long haul. However, I'm not sure what to do next. I have an acknowlegdment of service from shoosmiths. I think this means that HP have an extra 28 days from the date of service of the claim to file a defence? Does this mean they are currently examining the particulars of my claim? Should I send a copy of the engineers report to shoosmiths? Or do I just wait?

Adam

Adam,

Basically the A of S means that they have 28 days from the date of Service to file their defence rather than the 14 days they would have if they didn't file it.

Assuming that you sent a copy of the report to HP then they "should" have sent it on to Shosmiths with the rest of the claim documents. When the defence is filed the judge will order when you have to serve copies of any documents you intend to rely upon - no point in sending it to Shoosmiths until you have to.

However, if they ask you for a copy then you should let them have 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.

Thanks for the clarification ciderboy.

I received a letter from shoosmiths today offering me a repair as a "gesture of good will". Pah! This is the fourth time I have been offered a repair! I will kindly tell them where to stick it!

Adam

Hello Adam,



What a load of baloney that is - goodwill? goodwill? goodwill nothing!- it is their legal duty to resolve this and it has absolutely nothing to do with goodwill.

A goodwill gesture is where the retailer is going beyond what is required and what is their duty. Their offer is in no way a goodwill gesture.

They sold you a laptop that was doomed to fail prematurely and now they want to wriggle and worm their way out of their legal duty.

It must really stick in their throats being forced into this position - but their offer is, in my opinion, absolutely worthless unless they can prove the boards they are offering are indeed free of the defect.

Why HP continually tout these repairs is beyond me. I have proved so many times that the boards they were going to use for repairs were as defective as the boards that were being replaced. Is it a case with HP that they do the repair and then cross their fingers and just pray that it lasts?

You should tell them refund or replacement or it's off to court we go.

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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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.

Hello Paul,



I really don't want a replacement HP laptop especially since many reviewers have found their high end models get uncomfortably hot.

I'm just going to tell Shoosmiths what resolution I would be satisfied with.

Thanks for affirming the frustrating nature of the phrase "gesture of good will", I'll be sure to mention its inappropriateness in my letter!

Thanks again,

Adam

Hello again,

I got a letter from Shoosmiths on the 4th August, confirming that "our client is willing to offer the sum of £995.74 in full and final settlement of [my] claim". I'm happy with this (it only excludes labour and recorded delivery costs) and due to needing the money sooner, rather than later, have decided to accept.

However, they want my old unit back! I was keen to re-use the RAM and keep the HDD as a spare! Also, I fear they will use my unit for spares and so have eeked their own mini-victory out of me.

They still insist it is a "goodwill gesture" and "not an admission of liability"! *sigh*

Shall I cancel the small claims now or wait for the money to clear?

Also, does anyone have any ideas on how to get the data off my hard drive cheaply? The laptop doesn't boot properly so Windows Easy Transfer and external storage options appear to be out of the question. There is a £17 cable or an £8 caddy from Amazon I could use but I was hoping for a cheaper method. I would describe my computing ability as Intermediate, i.e. I can get the HDD out of my laptop and know not to use it as a coaster!

Alternatively, should I ask HP to let me keep the HDD? Is it likely that they will oblige?

Thanks,

Adam

P.S. I hope you had a great holiday Paul, you deserve it! Mine was last week and it was sweetened by returning home to a letter of settlement from Shoosmiths sitting grumpily on the doormat: whoopee!

Hello Adam,

Well done on your success

I am afraid that you will have to give them the old unit back as they are offering you a refund and are not paying damages - therefore the laptop will have to go back to them.

I wonder what they are doing will all these faulty laptops that they are demanding back. I hope they are not splitting them for parts and then filtering those parts back into supply as "refurbished."

The best option for you would be to purchase a hard drive caddy for you to pop the drive into. You would then be able to recover the data on another PC or laptop.

You could also state to Shoosmiths that the hard drive contains private and sensitive data and that you would like to keep it, they can only say no.

Well done again Adam, I am really glad we could have helped you reach this positive conclusion.

Good luck and best wishes for the future.

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.