Step By Step Guide To Securing A Replacement Laptop Or A Refund
If you have purchased a laptop and it is inherently defective then the path to securing a replacement laptop or a refund is relatively simple.
Although it may involve sending a few letters to the retailer you will, in most cases, secure a resolution without the need to sue the retailer in the Small Claims Court.
The important points to note are:-
1) The status of your warranty is irrelevant as your have SIX YEARS from the date of purchase to take action against a retailer.
2) It is the retailer that is responsible for providing you with a resolution and not the manufacturer.
3) There are, in my opinion, no reliable parts available at this time so a repair is out of the question unless the retailer can prove that the repair will be 100% free of the Nvidia defect.
4) The "reverse burden of proof" means that it is up to you to prove the inherent defectiveness of your laptop. You should refuse any attempt by the retailer to try and charge you to inspect the laptop.
5) You will have to obtain an engineers report to prove the inherent defectiveness of your laptop. If your laptop is indeed inherently defective then you really cannot lose.
Here I will detail the steps you should take in order to get your laptop replaced or refunded.STEP 1
First, contact the retailer where you purchased the laptop.
Explain to them that you think your laptop is inherently defective due to the Nvidia GPU.
They will probably say that your laptop is out of warranty and they cannot help you, or they will advise a repair for which you will be charged.
You should then tell them that the warranty status is irrelevant as you have six years from the date of purchase to take action against a retailer when the goods in question are inherently defective.
They may try to refer you to the manufacturer. You should tell them that you purchased from them and that your contract is with them (sales contract) and that they should not try to fob you off to the manufacturer.
You should tell them that you want either a refund or a replacement laptop and that you will not settle for anything less.
The retailer may offer to inspect your laptop for a fee. You should refuse this and should inform the retailer that after six months of ownership there becomes what is known as the "reverse burden of proof" which means that the onus is on the customer to prove to the retailer that there is an inherent defect and it is not for the retailer to try to prove this on the customers behalf. You should further inform the retailer that you wish to obtain your own independent engineers report.
If they refuse to comply you should then ask for the address of their Head Office.STEP 2
Next, write to the Head Office stating that you want a replacement laptop or a refund or you will obtain an engineers report. There is a template letter available and that is here:- letterbeforeaction.pdf
You should download that, edit it with your details and send it to the retailers head office via recorded delivery. Please ensure that you keep a copy of the letter and postal receipt.
This gives them seven days to respond with a positive offer.
It is at this point that you will probably be asked to submit an engineers report stating the reason for the failure of your laptop.
Once you have the report you should then proceed to Step 4 in this guide.STEP 3
If, after seven days they have not made you an acceptable offer, then you should proceed to obtain an engineers report.
For full details on how to obtain a report please see here:- need-an-independant-engineers-report-t62.htmlSTEP 4
Once you have the report you should send the retailer a copy.
You should send the report with a letter before action.
There is a template letter available here:- letter-wth-report.pdf
You should download that, edit it with your details and send it along with the report to the retailers head office.
Please ensure that you send this via recorded delivery and keep a copy of the report, letter and postal receipt.
This then gives them seven days to respond in the positive.
If the retailer requested that you submit a report then you should simply send them a copy of the report and there is no need to include a letter before action as described above. STEP 5
If after seven days you have not received a satisfactory offer then you should call the retailer and inform them that they have one last chance to make you an offer or when you put the phone down you will file your small claims action.
It is as this point they may offer you a free repair.
You should tell them that you will accept the repair on the following conditions.
1) That they provide you with a written guarantee, on company headed notepaper that states the following verbatim:-
"The motherboard being used to repair your laptop is from a completely new batch and is 100% free from the Nvidia defect. If, at any time in the future it transpires that the mainboard is inherently defective due the the Nvidia GPU then a refund or replacement laptop will be offered"
Will the retailer give you such a guarantee? probably not. If they don't then that means they have no confidence in the repair being offered. If that is the case then how can you be expected to accept such an offer?
2) They provide you with the part number of the mainboard being used so that it can be ascertained that it is a newly designed board.
Will they provide you with either of the above? Probably not.
If they do, then we will need to check the part number to ensure it is a newly designed board that is indeed 100% free of the Nvidia defect.STEP 6
If they fail to offer you a refund or replacement laptop then it is time to instigate legal proceedings.
This can be done online at http://www.moneyclaim.gov.uk
A full guide on how to complete the online claim can be found here:- topic163.html
The hardest part about filing an online claim is what to put on the claim form as the reason for your claim.
Well, we have helped with that and have drafted a template reply that you can just edit with your details.
That can be found here:- help-on-what-to-enter-on-the-small-claims-court-form-t339.html
There are also leaflets available for download relating to filing a small claim here:-http://hmctsformfinder.direct.gov.uk/HM ... ets_id=199
You will also find some other interesting information at the following site:-http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_195812
You should also print out some of the information that we have provided here
and take it into court with you.
If your laptop does contain one of the defective chips then you really cannot lose.
The key to success is persistence. Don't be fobbed off, don't be swayed, stay strong and you will succeed.
In order for you to be able to calculate the minimum refund that a retailer should offer once you have proved that your laptop is indeed inherently defective I had a refund calculator written and that is available here:- calc
We are here to help so if you have any questions or queries then please let me know.
The Admin Team