The Nvidia Defect Forum

Dear Paul,

Thank you very much for your excellent engineers report.

I sent HP your template letter with a copy of the engineers report, giving HP 7 business days to reply. Today (the eigth day *sigh*), a 'representative of HP's managing director' phoned me up to offer me a repair.

I told him that I would only consent to a repair if he could give me a guarantee (on company-headed notepaper) that the repair would not be the same as the one I got in December 2008 and would actually stop my laptop being defective. He said he couldn't do this so I asked for the relevant part codes of the laptop motherboard they planned to use for the repair. These are the codes he gave me:

BD SYS 945PM NV73 FF PAV

HP-396441-011

Do you know of a way I can find out whether this batch of motherboards will rid me of the defect?

He also gave me the number of the head of the repair centre so I could press him with any questions.

I told him I would phone him back witihin a couple of days (got his name and number) with news on whether I want a repair.

My first thoughts are "NOOOOOOOOOOO", because I have already had a repair that did not solve the defect, I have already been offered a repair after my third letter to HP (by their complaints department) which I declined.

Moreover, I have spent three hours creating a letter to my credit company in order for them to 'take up my case' through "Consumer Credit Act" (which means that it wouldn't get as far as court if I filed a small claims).

Any advice on what to do next would be greatly appreciated!

Adam

Hello Adam,

That is the same board that has been previously quoted to another customer.

I have already checked the details of that board for another customer and as far as I can tell it is actually a discontinued model.

Now, HP have previously been quoted as stating that the boards are "new and revised" and "free of the defect", yet if the board is a discontinued version then how can it be "new and revised"?

I would certainly contact the number they gave you and question whether or not the board is a current version. I would also ask them for the revision number of the Nvidia GPU.

I wonder why HP wound't give you the written guarantee? It shows you the confidence they have in the repair doesn't it.

I would tell them that without the written guarantee there is no way you can accept the offer of a repair.

I would also pursue the Section 75 refund as that should be a much easier route for you.

If you do call the repairers though I would be interested in the details on that board as it does seem to be the one on offer at the moment.

Good luck and best wishes

Paul
The Admin Team

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I did this a few minutes ago and asked for a revision number. The guy said "No" as soon as I said "Can you tell me...": he has obviously been told to toe the line. He said it would cost me £16 for ten minutes of technical advice! Given the fact that I was told this was a direct line to a senior engineer, I was miffed. This is the fourth time I feel I have been deliberately misled by HP

I then phoned the HP representative and left a message (as he had left early to see a 'soccer game') saying I was unhappy with a repair without the written guarantee.

I've just completed a lengthy dossier, detailing my correspondence with HP, for my bank. I'm going to pursue the claim using Section 75.

Thanks again for all your help.

It is likely that my next post will be a Success Story but my bank say it'll take longer than if I were to pursue the claim alone.

Thanks again,

Adam

Hello Adam,

Well it comes as no surprise that they wouldn't give you the GPU revision number.

Like I said previously, how can a "new and redesigned board" be discontinued?

You cannot even purchase it through HP's own spares company.

This is exactly why I recommend that customers who are offered a repair demand to know the part number of the mainboard that will be used. It doesn't take long to verify whether or not is is another potentially inherently defective board.

The Section 75 refund shouldn't take too long, I know of members here who have secured a Section 75 refund within a couple of months.

Good luck and best wishes

Paul
The Admin Team

_________________
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Calculate the minimum refund that you would be entitled to.
FAQ's
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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.

Dear Paul,

Just to keep you updated on my case.

I got a letter from my bank today:

"As you may be aware, Section 75 of the Consumer Credit Act 1974 provides account holders with protection when they become involved in 'debtor-creditor-supplier' agreements, where a proven case of breach of contract or misrepresentation has been established. The cash price of the item must be over £100 but not more than £30,000.

Having had the opportunity to evaluate the documentation you have supplied in support of your claim, I note that the warranty period has lapsed. Also, the merchant has offered to repair the goods free of cost. As such, it is [my bank]'s view that Section 75 of the Consumer Credit Act 1974 does not afford protection in this regard.

I am sorry that [my bank] are unable to help you at this time. I would suggest you to contact the merchant direct to resolve the matter."

I have just re-read the 13 page letter I sent them, detailing everything about the case (including copies of all my correspondence with HP)...I say explicitly, three times, that a repair is insufficient due to the nature of the defect (once at the beginning, once at the end and once in your engineers report). In the letter, I also describe the events above with regard to the revision code etc.

Why my bank won't help is beyond me?! But I can conclusively say that without this forum I would have given up at this stage (so thanks for creating it).

I am now going to file a small claims.

Hello Adam,

Well what a load of baloney your bank has told you.

I wonder if they had one of their work experience lads send you that because it certainly is not correct.



What on earth does the warranty period have to do with it? Your laptop is inherently defective and as a result you have six years to take action.

The fact that you have been offered a repair is irrelevant as there are no reliable parts available.

Didn't they read the information that you sent them?

I am sorry but I would not accept their reply and would contact them again and would tell them that unless they comply with their obligations to you you will sue the retailer and will name them as co-respondents in your claim.

It really annoys me when they give customers incorrect information. There have been plenty of forum members who have been successful in their Section 75 refund claim so why should you be any different?

I would re-contact the card company and ask them for their details and I would tell them that you have been advised that you should also take action against the card company for their failure to comply with their obligations.

I would also press the card company to escalate your case and would insist that they recheck their response as they are wrong.

Good luck and 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 Paul,

Having asked them to recheck their response, and detailed why it is wrong, I received another letter from my bank today:

"Thank you for your recent correspondence. I am sorry to hear that the problems you have experienced with the above transaction remain unsolved.

Having had the opportunity to fully evaluate the documentation we now hold on file, it is with regret that [my bank] maintain that a proven case of breach of contract or misrepresentation has not been substantiated.

Customer satisfaction is of the utmost importance to [my bank]. For your information, I have enclosed a leaflet detailing how we manage complaints. Should you have any immediate concerns or queries, please do not hesitate to contact our Customer Services Department where an experienced Customer Account Manager will be able to help you.

If I do not hear from you within 8 weeks from the date of this letter, I shall assume that your complaint is resolved."

It appears the legal department has now referred me to the Customer Services Department.

The leaflet enclosed is a generic 'we value feedback' affair.

I know I am in the right. They have a copy of the engineers report. I even told them I would name them as co-respondents in my claim!

I cannot believe my bank are showing the same degree of insolence as HP: it seems they are not taking me seriously.

Shall I file a small claims now, or persevere with Section 75?

Hello Adam,

Sorry to hear you are no further forward with your bank.



The banks have always had an air of insolence, until recently that is when they got a good slapping and then had to go with their begging bowls for help.

I would now file your small claims action naming the credit card company as the 2nd defendant.

The bank will not want this to go to court so you may find a settlement will be quickly forthcoming.

You can file online at www.moneyclaim.gov.uk

If you have any questions or need any advice then please let me know.

Good luck and 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.

Hello Paul,

Just a few questions before I file my claim:

If my bank are co-respondents, can I claim for the recorded delivery of the 3 letters I sent them (it's about £5 because of the lengthy dossier)?

I have no idea of how much the phone calls to HP cost, is it okay to estimate (I have no easy way of proving how much each call cost) or should I just leave that cost out of the claim?

If I know I have spent more than 5 hours investigating the claim, what is the maximum reasonable number of hours I can claim for (at £7 an hour) and can these include the time I spent contacting my bank?

These questions are essentially: how much extra money can I screw out of HP? Admittedly, thinly disguised!

Thanks again for all your help thus far,

Adam

Hello Adam,



Yes, you can claim for all your out of pocket expenses.



I wouldn't bother with claiming for this, the judge may feel it frivolous and not allow it.



I would recommend claiming for between 5 and 10 hours at £7 per hour for time spent on researching and pursuing your claim.

A number of members who have proceeded to court have been awarded this though for others the judge disallowed it. There is no harm in trying and I guess it comes down to the judge on the day.



Well, I would claim for all you can. If the judge allows it then great. If he doesn't then so be it.

They were more than happy to let you be seriously out of pocket and now the shoe is on the other foot!

Good luck Adam, 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.