The Nvidia Defect Forum

Hello Richard,

The important thing to remember is that your contract is and always will be with Comet.

HP are not offering the free repair, Comet are and so the quality of the parts being used lies solely with them.

It is quite important, when accepting a repair, that you request a written guarantee on company headed paper that states the following:-

"The mainboard being used to repair your laptop is from a completely new batch and is 100% free of the Nvidia defect. Should it later transpire that the board is inherently defective then a refund or replacement laptop will be offered"

If they refuse to give you such a written guarantee then you could reject their offer of a repair as you could claim that if Comet did not have the confidence to give such a guarantee then how were you supposed to have the confidence to accept it?

Furthermore, they have to refund you the court filing costs and the engineers report costs. Had they complied with their obligations under the Sale Of Goods Act in the first instance then there would have been no need for you to have proceeded down that route.

I would tell them exactly want you want in order for you to rescind your court action:-

1) A written guarantee as detailed above
2) Refund of your costs incurred to date

If they fail to comply with this then I would simply proceed to court.

By all accounts their handling of court cases is abysmal to say the least - furthermore, they have already refunded numerous customers who had purchased identical laptops so why should your case be any different?

I hope the above answers your questions.

If you have any queries then please let me know.

Please keep us updated on your progress.

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.

Richard,

Your claim has been issued so technically they owe the court fees if nothing else - and I'm sure that they know this!

At the end of the day you've got to weigh up whether or not you think their offer is a fair one. Bear in mind that it's not been made in writing so there's nothing to prove to the court that this offer has even been made.

Personally I would contact them and say that you would be willing to accept their offer if:

a) They put it in writing to you
b) They guarantee that any replacement parts used will be free from the defect full stop - i.e. without a time limit
c) They repay the cost of the report + court fees paid

At the end of the day they know damn well that they'll settle at the eleventh hour anyway - they're just trying to save themselves some money.

Martin

_________________
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.

I have just had an email from Comet saying they will cover the repairs for three months and will replace the motherboard with one that is free of the original defect. They will investigate further on refunding the court costs.

Three months! I cannot accept that as a guarantee as it has had two motherboards and other repairs after that period of time.

You are right, three months is a joke and shows, in my opinion, the confidence they have in the repair.

PC World are now offering 12 months on their repairs.

I would tell them thanks, but no thanks to that repair. If they are prepared to offer a 12 months guarantee and give you the written guarantee in writing then I would accept it but otherwise I would just continue to litigation.

How far are you from your court date?

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.

They have until 19th Jan to reply back to the court, so next Tuesday, but I think a court day is some way off yet. I am now emailing them back using the previous information you gave regarding written guarantee and see what they say.

Regards

Richard.

Update.

Yesterday Comet offered a replacement laptop after I asked for an unconditional guarantee on the repair! I am still waiting to see what they are offering as a replacement as head office was unable to provide specific details and are leaving it up to the local store. I am still waiting for written confirmation on the refund of my report and court costs which should be today. So it looks like a solution has been reached at last.

Richard.

If you've fallen a victim to the defect why would you want the unit repaired only to experience the same problem again after a period of time.

Even if they supplied you with an unlimited warranty that would not make any difference to the horrific architecture of the machine which causes quick heat buildup and a possible faulty video chip to rise it even more.

A repair is UNACCEPTABLE in my opinion and a replacement laptop should be issued.

Comet are possibly the toughest retaillers to deal with at the moment so good luck to all who are fighting for compensation!

_________________
DON'T GET FOBBED OFF BY THE RETAILLER!!! YOU AS A CUSTOMER HAVE YOUR RIGHTS!!!
CLICK HERE TO SEE MY PROGRESSING BATTLE AGAINST COMET PLC!

Another Update.

OK, cheque is in the post for £185 which covers the court costs, report and my time! I should hear back this afternoon as to what replacement laptop I can get as well. So not a bad day so far

Richard.

Wow that is fantastic news Richard, congratulations are in order

Hopefully you'll have a non-HP non-NVIDIA riddled laptop soon.

_________________
DON'T GET FOBBED OFF BY THE RETAILLER!!! YOU AS A CUSTOMER HAVE YOUR RIGHTS!!!
CLICK HERE TO SEE MY PROGRESSING BATTLE AGAINST COMET PLC!

Excellent !!!!!

I hope this will be a big boost to all the others who have claims against Comet!

Ralph