The Nvidia Defect Forum

Hello David,

I would say you have more than enough reason to pursue Play.com.

The temps along with the loss of wireless are classic examples of the defect so you would be wise to start the ball rolling now instead of later when more time will have passed and when the amount you receive as a refund could be reduced slightly due to usage.



Well, they should either offer a replacement laptop or they should offer a refund either in full or pro-rated based on usage.

But it is certainly worth pursuing now and if you are not happy with the resolution that they offer then you should simply sue them via www.moneyclaim.gov.uk

There is a step by step guide available on this forum that will help you reach a positive resolution and that is here:- post13.html#p13

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

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
Why you should not accept a repair
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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.

Hi Paul,

Play.com have come back and offered me £140, plus the £65 for the engineers report should their engineers agree with it.
I still feel this is too low, and the representative I am corresponding with keeps saying they can't replace it as they don't have any laptops of a similar age! I have said I would expect a current line laptop as a replacement then.

Does this seem like the right line of action? Because if they are only willing to offer a small refund, I would be much happier with a replacement laptop.

Any help would be greatly appreciated.

Thank you again,

Robin

Robin

That looks to me like they're working on a 4 year lifespan wheras the recommended calculation here is based on a 5 year lifespan.

Based on 5 years they should be offering you just under £200 plus the report cost.

It's up to the retailer whether they offer a repair (which you should never accept), refund or replacement.

_________________
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 Rob,



What are they trying to say here, that they would give you a second hand laptop but don't have any "of a similar age"?

How bad is that?

You want a new laptop, not a second hand one that may not last very long.

Ciderboy is quite correct when he says that the minimum you would get if you went to court would be just under £200, but if you add on to that the court costs etc it would be best for Play.com to settle out of court.

I would tell Play.com that you want a replacement laptop as a refund would not allow you to purchase another laptop, unless of course they were to offer you a full refund.

I would tell them that unless they comply that you will take a small claims action against them. I would further tell them that you are aware of a number of customers who have purchased from them and who are in the same position as you.

Give the above a try and then let me know what they say. If they refuse then I would press on with a small claims action, you never know, the judge may award a higher refund.

If you have any questions 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.

I have sent a message to that effect today, and will keep you updated as to the results.

Thanks for all of your help.

Guys,

An update on my 'play.com' experience.

After my initial letter they asked me to go to HP. When I replied my contract of sale was with them and not HP it went quiet for a few days.

They have just replied:

"....one year manufacturer warranty etc etc." After 6 months I ned to contact HP to get a 'Fault reference number'. Once I have this go back to Play.com the will be able to continue looking at my case.

If I contact HP will they give me a 'Fault reference number'? Do I need one?

You advice would be greatly appreciated.

Regards,

David

Hello David,



What absolute baloney!

You do not need to contact HP at all and in all likelihood HP will not give you a fault reference number. I have never heard of this before and no other retailer has asked for such a number.

Have you sent Play.com the initial letter before action? If so you will now need to obtain an engineers report.

Once you have that you should send Play.com a copy along with a final letter before action. If they still refuse to comply you should then sue them via http://www.moneyclaim.gov.uk

If your laptop is indeed inherently defective then you really cannot lose.

What Play.com should have told you is that after 6 months the onus passes to you, the customer, to prove the inherent defect in your laptop. It is not for HP to do this on your behalf when, in my opinion, their diagnosis could be seen as biased.

If you have any questions then 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.

Many thanks Paul.

I have sent them the 'Letter before Action' and will go back to them as suggested tomorrow.

Last throw of the dice and the sue I guess.

Regards,

David

My final 'letter before action' went out last week and I have had no reply from Play.com. They have gone all quiet. Should I know go to moneyclaim.com?

I beleive there is a fee involved. How do you pick which fee? Is it based on the amount you expect back?

Thanks in advance for your assistance.

David

Hello David,



Well, if seven business days have passed then it is time to file your claim.

You could always try giving them a quick call to say that your next step is the small claims route and so they have this final opportunity to make you an offer. I would let them know that when you put the phone down you will be filing your small claims action.

If this doesn't prompt them into action then you should pop on over to www.moneyclaim.gov.uk and file your action against them.



The fee is indeed based on how much you will be claiming, which includes your consequential losses.

The website will tell you how much the fees are when you file your claim.

Please let me know if you have any further questions.

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.