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 Post subject: Re: DV2535ea query
PostPosted: Fri Mar 16, 2012 6:16 pm 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Pete,

This is ridiculous and there is no way Comet should be trying to palm you off to HP.

Comet have to understand that your contract is with them, not with HP. HP are service agents for Comet and are acting on behalf of Comet, not you.

So, when your laptop was repaired by HP this was done on the behalf of Comet and so as such Comet are responsible for the failure of the repair - irrespective of the fact that Comet's 90 warranty has now expired. You are still covered by the six year rule.

Comet have no choice but to now offer you a replacement laptop or a refund or it is off to court you go.

The law is on your side and the evidence is there for all to see.

Remember what they said back in July of last year? They said:-

Comet wrote:
Unfortunately, I am unable to confirm any part numbers however, please note that the parts used to repair the unit will be of the latest revision and will be free of the original defect.


It is patently obvious that the board used was not free from the defect which is evidenced by the expeditious failure of your laptop.

I would send them a letter before action setting out what you want. If they refuse to comply then you will need another report and you can then use that to sue Comet if necessary.

It would be interesting to see the mainboard in your laptop. The reason I say that is because I have seen a number of laptops that had been previously repaired by Comet and the boards had been repaired by way of a replacement GPU. I wonder if a similar type of board has been used in your laptop?

I hope the above helps.

Any questions please let me know.

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.


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 Post subject: Re: DV2535ea query
PostPosted: Fri Mar 16, 2012 6:46 pm 
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Joined: Fri May 13, 2011 1:38 pm
Posts: 27
Laptop Make: HP
Model: DV2535ea
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 0- 8-2007
Date Failed: 0-10-2009
Hi Paul

Thanks for the response - I'll pass it along to my friend & see what they want to do; Comet said today that they'd written to her, so she's got the opportunity to reply as you suggest. I presume there's no way to check the mainboard without disassembly, which is probably inadvisable if a professional repair is going to be carried out in the future; coincidentally, I have just stripped down an Acer belonging to the same family to repair the DC power jack - that was fun . . .

If there is anything I can do simply, please let me know - otherwise I'll await their decision; as I said, I imagine their biggest worry is going to be whether to commission a report when the fault may in fact be something else!

All the best

Pete


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 Post subject: Re: DV2535ea query
PostPosted: Fri Mar 16, 2012 7:23 pm 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Pete,

In your initial post you stated that the laptop was emitting three beeps, one long and two short. If this is the case then you are 100% guaranteed that the problem is related to the Nvidia GPU. That is a forgone conclusion and so you should not worry about proceeding with a claim as it is impossible for the fault to be related to anything else.

Unfortunately the only way to ascertain whether or not the mainboard in the laptop has a replacement GPU is to disassemble the laptop, which is not as difficult as it may sound.

Let's see what kind of response you get to the letter and then take it from there.

If you need any help along the way 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.


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 Post subject: Re: DV2535ea query
PostPosted: Fri Mar 16, 2012 7:58 pm 
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Joined: Fri May 13, 2011 1:38 pm
Posts: 27
Laptop Make: HP
Model: DV2535ea
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 0- 8-2007
Date Failed: 0-10-2009
OK, thanks - I suppose my query was whether to go ahead & have a look at the motherboard, or at least the GPU, or whether that fact would count against any possible future action. Not that I'm desperate to do it again, but the Acer I took apart does at least still work now it's back together!

Cheers

Pete


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 Post subject: Re: DV2535ea query
PostPosted: Fri Mar 16, 2012 8:10 pm 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Pete,

Inspecting the mainboard would not count against your claim, as long as you do not damage the laptop in the process and as long as you re-assemble the laptop correctly. If you do disassemble the laptop then please take a couple of high-resolution photo's which will help with your claim.

If the GPU has been changed then this will prove that a refurbished mainboard was used which, in my opinion, cannot possibly be touted as being "free from the defect".

Good luck if you decide to proceed. :x

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.


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 Post subject: Re: DV2535ea query
PostPosted: Sat Mar 17, 2012 10:48 pm 
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Joined: Fri May 13, 2011 1:38 pm
Posts: 27
Laptop Make: HP
Model: DV2535ea
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 0- 8-2007
Date Failed: 0-10-2009
I may have already posted this - apologies if that's the case . . .
Hi Paul

Several stiff drinks later, I've dismantled the HP & taken a photo of the GPU. I don't think I can attach it here, so I've emailed it to you. Hope that's OK.

Cheers
Pete


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 Post subject: Re: DV2535ea query
PostPosted: Sun Mar 18, 2012 6:08 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Pete,

Thank you for supplying the picture - well done to you.

I have now replied to your email - please let me know what you think.

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.


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 Post subject: Re: DV2535ea query
PostPosted: Sat Apr 28, 2012 1:50 pm 
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Joined: Fri May 13, 2011 1:38 pm
Posts: 27
Laptop Make: HP
Model: DV2535ea
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 0- 8-2007
Date Failed: 0-10-2009
Hi again

For the record . . . as you know, Comet have responded to the report we sent them, confirming that the 'repair' carried out by HP was subject to the same fault. They say HP have told them that it didn't, and so they have refused to do anything other than a paid-for repair as the laptop has failed again outside the repair warranty period.

Based on your findings, I have suggested to the owner that she initiates the threat of court action against Comet, starting with your 'Letter before Action' template, and I hope she has the stomach for this, as I do not want to see Comet/HP get away with this shoddy behaviour.

I'll report back . . .

Pete


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 Post subject: Re: DV2535ea query
PostPosted: Sun Apr 29, 2012 8:55 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Pete,

Don't forget to remind her to check either her home or car insurance to see if she has free legal cover.

Most policies do and so if hers does then she can get a solicitor onto the case.

Alternatively, if she does not want to fight it herself why not act as her proxy and do this for her for a % of the refund.

I do hope that she doesn't just walk away from this.

For Comet and HP to deny that your laptop is inherently defective without even looking at it tells me that they are living in cloud cuckoo land.

Persistence really is the key and it would be a real shame for your customer to end up out of pocket only to line the pockets of Comet.

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.


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