The Nvidia Defect Forum

If you want to make it a bit more interesting then state that the drive contains private & sensitive data so you would like confirmation that they will securely erase this and will require certification that this has been carried out.

Alternatively, you will remove the hard drive and retain it.

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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.

Hello again,

Thanks Paul and Ciderboy for your advice.

Just to let you know what's going on:

I got a phone-call from HP this morning, asking if they could collect my laptop on Monday. I said no, because I haven't got the caddy yet and so I haven't retrieved my files.
"Gareth" said that I can give him a call when I've got my files! I was taken aback by his readiness to be reasonable with me - thank you Gareth! I asked him whether he could securely erase the data on my disk and he said that it would be unnecessary because they were going to destroy my laptop and not use it for refurbs etc. Then I asked him whether I could keep my hard drive (given the fact that it was only to be destroyed!). He said that this should be okay but I MUST check with Shoosmiths first. I phoned them up and explained the predicament: the guy dealing with me had "never been asked this before" and said he'd get back to me.

I can't think of a reason to refuse me my hard drive. Given my lack of trust in HP, I suspect the Shoosmith's guy is finding out what they actually do with returned units - I'm still convinced they are used for parts!

If you (Shoosmiths guy) are checking this forum (we all know you do): let my have my hard drive please! You've already dodged paying my recorded deliveries and labour!

Also, I got Shoosmith's defence in the post today!
Although written by an adult (as opposed to a work-experience kid!), the meat of it is:

"Even if the Claimant can establish a fault/defect with this unit, the Defendant does not accept that the unit is/was not of satisfactory quality. The Defendant considers that it is not unreasonable to expect that the unit may require a repair after approximately 36 months of ownership and use."

BUT...my laptop WAS repaired within the first 36 months, in December 2008! It failed again!

My questions, perhaps Ciderboy could answer these, are:

Given the wording of the defence, would their use of "a repair" mean this point was negated as I have already had "a repair"? (this question is more out of interest since my case is being settled out of court)

I.e. should they have used the word "repairs" instead?

Also, when should I cancel the court action? Only once I have received a cheque? Before then?

Thanks,

Adam

It wouldn't negate the point but the fact that you've already had a repair that failed would give more weight to you not accepting a further repair. At the end of the day it doesn't really matter as it's an inherent defect which your engineers report states is not repairable.




I always recommend waiting until you've received the cheque. If you've not received it before you're due to file your AQ with the court then you've got some ammo to hurry them up with

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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 for clearing that up Ciderboy.

I wasn't sure on how literal/precise things had to be.

My most intimate experience with a court to date is "Judge Judy"!

Hooray!

Shoosmiths let me keep the hard drive, which I popped into the £5 caddy without a hitch! (Thanks Ciderboy, I pushed the "personal data" aspect on the phone and they came round to my way of thinking!)


The cheque has arrived now and all I need to do is write a letter to the courts to stop the small claims action...and post a success story!

Thanks Paul and Ciderboy for helping me, I genuinely would have given up after my bank rejected the Section 75 issue without the support on this forum!

Adam

Congratulations Adam

Glad to have been of assistance - I've never thought of using the personal data/ certificate of destruction line before so that is now filed away for future reference

I bet these retailers absolutely hate us

One of the things I love about this forum is that the majority of people come back to report their successes - it gives me a chance to have a little smile to myself (and a good excuse for a little tipple - particularly on a Friday evening )

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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.

Hello Adam,

Well done on your success

I am glad that you reached this success as I did sense that you were disheartened when the credit card company rejected your Section 75 claim.

They really shouldn't have done that as there is overwhelming evidence that your laptop is inherently defective. You would have been well within your rights to have added them as the 2nd defendants in a small claims action.

Still, that is irrelevant now as you have been successful.

Glad we could have all helped you.



Really? No, I can't believe that



Actually not everybody comes back to report their successes. I have produced over 400 reports and there have been a large number of customers who obtained reports elsewhere so doing the maths I would say probably 500+ customers have been helped. I don't think that there are that many success story posts on this forum.

When I did the calculations a few months ago for the amount we had helped recover I had to email everyone who has had a report from me to find out what their outcome was.

The response I received back far outweighed the number of success posts here

I do think that the success posts are important though as they give others the inspiration to fight on.

Like yourself it does make me smile every time I see another success

Best wishes

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.