The Nvidia Defect Forum

Hello Sarah,

Doesn't time fly! This has come around quick hasn't it?

If Comet do make you an offer and then renege on it you can then apply for judgement by default. If they still refuse to pay you can then apply for a "warrant of execution" which means you can send the bailiffs in.

I wouldn't worry though. The last thing that Comet would want would be a CCJ (County Court Judgement) so you can rest assured that you will receive your money.

Please ensure that if Comet make you an offer that it is in line with the minimum that you would be entitled to. That can be confirmed here:- www.nvidiadefect.com/calc

When agreeing the settlement figure I would request a "forthwith payment" which basically means that they pay you straight away.

This can be paid directly into your account if you so wish.

Good luck for the mediation and fingers crossed for you.

If you have any questions then 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.

Hi Paul

Looks like Comet are wishing to attend court and not go through mediation or contact me. I have received their defence this morning in the post dated 20/6/12. It make no reference to my pack that I sent to the CEO signed for on the 13th. This goes as follows:

* I am aware that Sony did have problems with the Nvidia chip in certain models manufactured in around 2008, but we are advised by Sony that this laptop does not have the fault. (copy of the email from Sony attached - Comet had emailed over the indepent inspecton report)

Sony's email 29/3/12 from their Customer Relations team was: "The FE41Z was not in the batch with faulty Nvidia chips I am afraid. I notice in the letter there is nothing in the way of technical data, it is just an opinion written down. Our position with customers who approach us with faulty equipment after 5 years is to say it is obviously unfortunate, but we have a repair service network who could help provide a quote to repair"

* Given the laptop has worked perfectly satisfactorily without a problem for 4 years and 7 months it does appear that Sony are correct because any inherent defect would have manifested itself much sooner.

* I do accept that the laptop does not function and it has a fault, but after such a long term use of the cause of the fault could not be reasonably be shown to be an inherent fault by any examination; it could have been cause by a number of things not least fair wear and tear.

* I would also suggest that the life of a laptop is between 4 and 5 years given the fact that changes to the products, the hardware, the software, peripherals etc mean that memory space, speed etc prevent longer term use and as such this product has simply failed at the end of its expected life.

* Notwithstanding this I do not accept that the Claimant can reject the goods after 4 years 7 months usuage.

Paul I would be definitely be interested in your thoughts to this, especially in the bit around the laptop lifespan is 4-5 years.

Thanks

Sarah

Hello Sarah,

The fact that Sony claim that there is not a defect in your model of laptop is irrelevant as there are many, many Sony laptops that are not on their wholly inadequate "list" that are failing due to the defect.

The GPU that is incorporated into your laptop is also incorporated into a number of other laptops which are all failing in large numbers.

The price you paid for the laptop means that it should have lasted much longer than the 4-5 years that Comet claim and should have lasted for at least 6 years.

The time it takes for the defect to manifest itself depends greatly on whether you are a light or heavy user. If you were to be playing HD movies all the time or if you were playing intensive games then the laptop would have lasted less time than it would if you were to use the laptop for word processing or browsing the internet so Comet's claim does not have any substance.

Did you ever get your report updated by the engineer to state what tests were carried out?

Please let me know.

Best wishes

Paul
The Admin Team

_________________
=======================================================
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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.

Hello Sarah,

I have taken a look at the report that the engineer supplied you and whilst it does not categorically state that your laptop has failed due to an inherent defect it does state that the fault lies with the GPU.

The courts work on what is known as the "preponderance of the evidence" which means that you do not have to prove beyond a reasonable doubt that the laptop failed due to an inherent defect.



As I stated previously, this is not necessarily correct because the time to manifestation of the defect depends greatly on whether or not you are a light or heavy user. A heavy user would experience failure much sooner than a light user.

What I would advise is that you go through this forum and print off some cases which have been successful where the laptop in question in not on Sony's list as this would evidence the fact that more laptops are failing than Sony would care to admit.

It will add to what is known as the "quantum of evidence" - which basically means that you can prove what Sony and Comet are saying is incorrect with regard to failure rates etc.

For the price you paid for the laptop one would expect a very minimum usage of between 5 and six years and not the four years that they claim.

There are many, many cases on this forum with regard to Comet and you should print these off to add to your evidence pack.

You will notice at the top of the pages there is a link which states "Download as PDF". If you select the relevant posts and then click that link then the entire thread will be saved to a PDF file which will make printing of the threads that much easier for you.

I hope the above helps.

Please let me know if you have any questions.

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
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=======================================================

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.

Thank you for your support and advice - have evidence of a FE 41S - which was a slower model and a further HP model that had a Ge force 7600 in too. Will look through some more. Just pulling my opening statement together. I'll let you know how Tursday goes.

Sarah

Hello Sarah,

If it helps the GPU in your laptop is also incorporated into the following laptops:

HP DV2535EA
HP DV9341EU
HP DV9385EA

Sony VGC-LA3
Sony VGN-AR21M

Toshiba Qosmio G30-102
Toshiba Qosmio G30-117
Toshiba Qosmio G30-175

The above laptops are only a tiny fraction that contain the same GPU as yours which is the Nvidia 7600 revision GF-GO7600-H-N-A2.

All the HP laptops have had a BIOS update that switches the fans on continuously and the Sony VGN-AR21M has been officially recognised as being inherently defective.

You should add the above to your evidence as it is very relevant to your case and proves that the GPU in your laptop is indeed inherently defective.

I hope the above helps.

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
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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.

Thanks Paul - evidence pack getting very thick.

Sarah

Well today was my day in court. I was very nervous and met my Beaumont at 11.05 - we went in to the court at about 11.20 and the judge summarised why we were there, explaing the process and said about the appeals process in being only in extreme cases if it was proven that he had not handled it fairly. He said that one person would go home disappointed. It was then my opportunity to present my case - I went throught the background of the nvidia case and that my GPU of my model was upon the numerous list of defective products and gave my defence of why I believed that my laptop was defective and that it should have had a longer usefule life of 4 years and 7months. The judge spoke about what an inherently defective product was and liken it to a car! and that you wouldn't take it back if the clutch was faulty as if you were a heavy user it could go wrong. Mr Beaumont had his turn and he confirmed he recognised that my laptop was faulty but was not inherently defective and that I had adequate usage of the laptop. He suggested and showed eveidence that you suggest the default manifested it self at 14 months and that mine was obviously well clear of that. He also pointed to the fact that Sony had said in an email it was not part of the batch of faulty chips. Afer tooing and frowing over the life of the product and my belif it was defective and Comet's it wasn't the judge concluded; He accepted that the laptop was faulty and that the GPU was indeed the cause but he concluded that there was not signicant evidence that this was due to an inherent defect and that it could have actually been from general usuage. He therefore awarded the case to Comet! . I too some time to speak to Mr Beaumont after we came out and he was very critcal of you which I defended and said that was why I had gone to an independent company for my test. He siad that he had one many of these cases!. He also said that it may not have gone this far if I had not put the full claim in but had suggested a compensation figure in my letters - I said that I had spoken to Angela Haskins and requested a conversation to discuss a settlement but he didn't know about that. Hindsight a wonderful thing - it was an experience just not the right outcome but hey I have a lovely family and a great life - just wont be but=ying in comet!

Hello Sarah,

It is a real shame that the Judge awarded against you.

I have to say that I believe this was due to the fact that the independent report that you obtained from the repair company did not explicitly state that your laptop was inherently defective.

In fact, this is evidenced by the Judge when he stated:-



I believe that had the engineer stated this in your report then any question about whether or not your laptop was inherently defective would have been removed.



What on earth has the report you obtained to do with me???

Instead of casting aspersions maybe Mr Beaumont should be doing the honourable thing and admitting that a huge number of laptops that Comet have sold are failing prematurely.

How scandalous that he should criticise me. As a matter of interest what exactly did he say?

I am sorry that you lost Sarah but I as previously stated I was sceptical of the report that you had obtained.

If you could let me know what Mr Beaumont said then I would be grateful as I would bring action if anything was said which was slanderous.

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.