The Nvidia Defect Forum

Another Success here. Yahoo. But I still need advice.

After filing SCC (as above) I received a direct response from Comet with their intention to defend the case. A day later I received the same paperwork via the SCC with a questionnaire. One day after that (Thursday last week), I receive another letter from Comet stating they have reviewed their decision and have made me an offer.

I recieved my laptop in Jan 2007 and it broke in Sept 2009. I first contacted Comet in March 2010. They have offered £421.66 which they state is 36% of the value of the laptop. The laptop cost me £1149.99. They have stated I had 38 months 'good' of use out of the laptop. Therefore they have valued the laptop a lot less than the £19.17 per month of use Paul valued it at above. Now I work out I've had 32 months of use from the laptop anyway! They have obviously used the date I contacted them and not the day it ceased working.

They have also offered to refund me the court fees (£70) and £65 for the engineers report. By no means do I want to be gready so if people on here think this is fair and reasonable then I will accept. I have very good reasons for not contacting Comet immediately after September 2009 (moved house in Oct, baby in Dec and did not know about the Nvidia issue until finding this website in Feb).

Please let me have your thoughts on what I should do. I do not really like the idea of court!

P.S Thank you once again Paul. It would have been a door stop had it not been for this site. You are a credit to consumer rights.

Hello Daveyboy,



Thanks for that Davey, much appreciated.



Unfortunately you would have to use the failure date of March 2010 as that was the date that you initially contacted Comet.

Whilst this may seem a little unfair it has to be this way otherwise a customer could state that their laptop had failed months before it actually had.

So, using March 2010 as the failure date I would calculate your refund should be circa £537 excluding your consequential costs.

Their offer of £421.66 falls far short of this and so I would tell them that unless they offer you the amount that you would expect to receive in court, which is £537, then you will have no choice but to continue your claim.

If they agree to this then along with your consequential losses I would say that you should settle.

If they refuse then you should proceed with your small claims action.

What do you think?

Best wishes

Paul
The Admin Team

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Thanks Paul. I will ring them tomorrow and have a chat. Let's see if they can be reasonable!!!!!

Claim settled......sort of.......nearly.

Following on from above, they offered £421.66 based on usage. I used your calc detailed earlier on this post however you had based that on 32 months usage which would have been until it faultered (Sept 09). Due to many reasons, I did not contact Comet until 1st March 2010 so therefore they have based it on 38 months usage:

1) I paid £1150 for the laptop
2) A laptop should last 5 years (60 months)
3) £1150 / 60 = £19.17 (Monthly rate)
4) My laptop only lasted 32 months (but reported it to them after 38 months)
5) 60 - 38 = 22 months remaining usage
6) 22 * £19.17 = £421.74

Therefore, as there offer seemed about right I accepted (they are also refunding court costs and engineers report). Purely out of interest and before accepting I asked them if they would consider an award for the distress and inconvenience this matter has caused me. They stated they do not award financial awards for distress or inconvenience! How kind and thoughtful of them! They really value their customers dont they.

Now the twist in the tail, the cheque arrived in an envelope addressed to my address (although the town name was spelt incorrectly!) but addressed to another name. Of course the enclosed cheque was also in the name of someone else and so useless to me. It 'sounds' similar to my name so more than likely a typo but just another classic example of their 'excellent' service.

So I have my eye on a nice Sony laptop with ATI graphics. Wouldn't dare touch HP anymore or Nvidea even though the problem is now more than likely resolved. I am aware Sony's had a problem in June but this was with their F series, I think I'll be avoiding the F series.

Paul, I know you are probably bored of hearing it but thank you once again. Without this website I, and many other 'regular' people would not have even been aware that they had a case. I very nearly paid a dodgy company £100 ish to repair my laptop shortly before discovering your site. They were very confident the problem would be 'fixed' but would not guarantee it past 3 months from ever happening again. This worried me which made me do more research. I am not a risk taker in life. In fact I'm a boring bugger, but getting your engineers report and starting SCC proceedings was a risk for me, but a risk that has now paid off. Anyone reading this who is unsure, please follow the guidelines on this site and you cannot fail. Do not accept what the retailers are telling you. Be persistent.

Hello Davey,

Well done on your success

I am really pleased that you have reached this positive resolution.

I had to laugh when you spoke of the mix up in the cheques, maybe they are sending out so many they confused themselves



Thank you very much for your kind comments, much appreciated and makes my job worthwhile.

Well done again and all the very best 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.