The Nvidia Defect Forum

Hi
Just before Christmas my Sony AR51M started to run very hot just near the mouse pad. Booted it up the next day and lo and behold got green lines all over the start up screen and windows would not boot up, although it would start in safe mode.

Rang Sony, who in my opinion, were extremely unhelpful to the point of being downright rude, even though I was perfectly pleasant to them (I've learnt from experience never to take it out on the call centre staff).

Eventually got in touch with their authorised repairer and described the symptoms to him. He was a really nice chap and told me not to bother getting it repaired as it did sound like the dreaded Nvidia defect, etc.

Anyway, I was just about to accept the loss when I came across your forum and read through the problems and successes. I sent Laptops Direct your recommended letter and they've replied telling me that I've got to get an engineers report before I can take it further with them.

I'm going to get it sent off this weekend and will keep you posted on the progress. Great site, thanks very much.

Hello Parkers1 and welcome to our forum.

Sorry to hear that your laptop has failed.

The problems you describe are indeed manifestations of the defect so I would say that it is highly likely that your laptop is indeed inherently defective.

Couple this with the fact that laptop contains an Nvidia 8400 GPU (GPU REV G86-750-N-A2) which is widely reported as being defective and is failing in huge numbers and you could say that it is a forgone conclusion.

Good luck with the next stage and I look forward to your next update.

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.

Well, I seem to have come up against a brick wall from Laptops Direct. They asked me to provide an engineers report, which I duly did. I sent them the standard letter with it asking for partial refund and the cost of the report and today I got this reply:

'Thank you for supplying the requested engineers report detailing the Nvidia defect present in your system. Due to this we are now required to either effect a repair on the unit if feasible or supply a like for like alternative model. If neither of these options are available we are able to offer a partial refund based on the amount of use the customer has had from the unit. These options are detailed in the Sale of Goods Act 1979 and are to be applied sequentially. As such a full refund of the price paid for the unit will not be forthcoming. The Sale of Goods Act also states that it is the consumers responsibility to prove that the goods are inherently faulty due to this we will also not be reimbursing the cost of the engineers report detailing this. Please contact our customer services department in order to organise a return of your unit for us to facilitate the next course of action.'

It seems that whatever I do they're adamant they're not paying for the report. I'm tempted to start court proceedings at this stage, as I can't see them offering a satisfactory solution if they are not going to refund the report cost.

Hello Parkers1,

The cost of the report is what is known as a consequential loss and Laptops Direct have refunded this sum on numerous occasions.

I would therefore send them one last communication which states that unless they are prepared to refund your consequential loss then you will have no option but to proceed straight to litigation.

There have been numerous small claims actions where the Judge has duly refunded the cost of the report so the courts also agree with the fact that the report is indeed a refundable cost.

Don't let them fob you off in this way. Stand your ground, be persistent and you will succeed.

If they continue to refuse to refund the cost of the report then you should pop on over to www.moneyclaim.gov.uk to file your claim.

I hope the above helps.

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.

Last week I received a reply from Laptops Direct stating that in order for them to proceed further in this matter, I must return the unit to them and should I continue to hold the laptop then this may be seen as accepting the faulty goods, etc, etc.

Can you tell me what note I should attach to the machine before it goes back? I think I read somewhere on the forum to attach some kind of note saying that it is 'not to be repaired unless......' but I can't remember what it was I have to state?

Hello Parkers1,

Laptops Direct are entitled to examine the laptop in order to confirm the findings of your engineers report so I would indeed let them inspect it. If they wish to do so then they must arrange collection of your laptop from you at their expense.

You should pop a note on the laptop that states "DO NOT REPAIR". If Laptops Direct do offer you a repair then you should request the written guarantee that I recommend in the Step By Step Guide. If they agree to provide you with such a guarantee then you should accept their offer of a repair. If they refuse then you should reject any offer of a repair and proceed as advised in the guide.

As they have asked to inspect your laptop it does appear that your are moving forward with your claim so fingers crossed for you.

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.

Just to keep everyone updated on this ongoing saga.

I tried to return my laptop to Laptops Direct as instructed in my letter and they wanted to charge me £20 for the privilege

I explained that it was them who had asked for it to be returned but the telesales person would not budge and in the end put the phone down on me, even though i was perfectly polite and remained very calm but firm.

I then wrote the following letter:

Further to your letter dated 5/3/2012 I have twice made attempts to facilitate the return of the unit to your company for inspection. The most recent conversation with your customer services department today resulted in your company wanting to charge me £20.00 for the privilege of the return. When I attempted to explain that you had requested that I return the goods, the representative still insisted that the only way I would be able to return the goods would be to pay the £20.00 courier charge. When I asked to speak with you I was told that you were unavailable. I then asked if I could leave my number and ask that you contact me when it was convenient. I was told that this suggestion was pointless as you would tell me exactly the same as they had.

The Sale of Goods Act (1979) section F40 48B section 2b requires that:

‘If the buyer requires the seller to repair or replace the goods, the seller must—

bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)’

Therefore I request that you arrange for the goods to be returned to yourselves and should you continue to refuse collection this may be seen in a legal sense, as a refusal of your legal obligations under The Sale of Goods Act 1979.

This letter and previous letters is proof that I am not accepting these faulty goods. Please contact me to arrange collection.

If I do not hear from you within 14 days I will assume that you are unwilling to honour your legal obligations and will commence court action as detailed in my previous letter.

Kind Regards



Lo and behold they contacted me to arrange for the courier to collect at their own expense. I just thought I'd share this, in case anyone else is having the same problem. The law is firmly on our side and persistence will pay off

Hello Parkers1,

Well done on that. Isn't it amazing how quickly their stance changed once you had quoted the Sale Of Goods Act to them.

It would seem that they like to try this type of tactic in the hope that you are uninitiated and unaware of your rights so that you will foot the bill yourself.

Well done for standing your ground and for not giving in.

Fingers crossed for the next stage.

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.