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PostPosted: Thu May 24, 2012 3:11 pm 
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Joined: Tue May 01, 2012 8:27 pm
Posts: 6
Laptop Make: Sony
Model: vgn-fz21e
Graphics Card: 8400M GS
Purchased From: High Street Store
Amount Paid: 650
Date Purchased: 28 Nov 2008
Date Failed: 22 Apr 2012
Well just a small update with this.
After having spoken to Comet and there being just a glimmer of hope regarding a settlement without any sort of action.
I finally spoke to a customer services manager who said they could do absolutely nothing.
My response,
"Well in that case I have no choice but to open a case with the small claims court"

"That's fine, that's your right"

"I know it is, bye"

So I sent this letter before action, using snippets from a few letters on this site,


Mr Robert Francis James Darke
Comet PLC
George House
George Street
Hull
HU1 3AU

16 May 2012

LETTER BEFORE ACTION


Laptop Make - Sony
Model - VGN-FZ21E
Serial Number -28209561-5006256
Store Purchased – Barnsley
Date of Purchase – 27 Nov 2007
Date Failed - 22 Apr 2012

Your Ref: 6933212

Dear Mr Darke

Further to my recent telephone communications with Comet Customer Services regarding the above laptop.
As I have already discussed with several members of the Customer services Team, and the Multi-media team, I believe my laptop has failed due to the inherent fault with the Nvidia graphics chip.

The chip is an Nvidia 8400, which is widely reported as being defective and is failing with use.
The fault would have been present at manufacture, but it has taken four and a half years manifest itself as a perceptible fault.

In 2008 Jen- Hsun Huang the CEO of Nvidia admitted in a press conference to the manufacture and sale of “hundreds of millions of the defective chips”.
Sony, have also determined that some laptops were fitted with these defective chips and have recognised that my laptop is one of those.

On Friday 11 May 2012, after speaking to David on the multi-media team, and explaining that due to the enormity of the situation with the colossal numbers of defective chips in existence, I have been advised that a repair would not be viable due to there being absolutely no guarantee that a new motherboard would not contain a defective chip.

With no repair being possible, I stated that I want a refund or a replacement laptop to the value of my original purchase, as is my right stated by the Sale of Goods Act.

David’s reply to this was “in that case we would need an independent engineer’s report, from a qualified engineer, from a registered company detailing the problem with the faulty chip”.

I have secured an engineers report on my laptop, which I have enclosed along with the invoice for said report. The report confirms the presence of the defect with the graphics chip, and also confirms a repair to be unviable.

I again contacted the multi-media team and spoke to Aaron about the next course of action.
A date of Monday 14th May 2012 was made for DPD to collect the laptop, and a copy of the report, to be forwarded to Comet service centre for your engineers to inspect. I made Aaron aware that as I work shifts, unless DPD could call before 1pm, then I would have to re-schedule the pick-up. He advised me that DPD would contact me beforehand to confirm pick-up time.
Unfortunately collection was scheduled at a time when I would be at work, so as I was unable to contact DPD direct, I contacted Comet customer services to re-schedule for Friday 18th May 2012. I then went to work.

Whilst at work, I received a voicemail from Richard who stated that “I’m advised by the service centre, that due to the age of the laptop, they would be unable to get parts, so are unable to offer a repair”.

When my wife got home from work, it transpires that DPD had in fact called to collect.
Had Comet contacted DPD to cancel the collection? Obviously not.

I appreciate that you did not knowingly sell me a laptop that was doomed to failure from the outset, but I do now expect you to remedy the situation without further delay.
Under the Sale of Goods Act 1979, if a product with an inherent defect is sold, then the onus is on the retailer to remedy the situation. The consumer has 6 years from date of purchase to bring about a claim against a retailer that sells a product that is inherently defective.

If I do not receive a positive resolution from you within seven business days from the date of this letter, then I will have no option but to issue a small claims procedure against yourselves.

In this matter, time is of the essence

Yours faithfully




Kevin Rogers


Well, today I have received a letter, with an offer £300 in Comet vouchers (I think not), or £225 cheque.

The refund calculator indicates a refund should total £197.65. Add £45 for the Lapcure report, plus petrol from Barnsley to Leeds and back, twice, (working shifts, I couldn't be sure I'd be available for a courier to collect, so I had to deliver and collect from Paul's place myself. Nice to meet you Paul by the way).
I'm inclined to refuse this offer and pursue £250 instead.


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