The Nvidia Defect Forum

Hi all

Just wanted to give my story and to gather opinion on whether I am right to be persuing Comet for a refund/replacement or whether I am too late.

I bought a HP from Comet online (by Credit card) on 27 December 2006 and it was later delivered in early January 2007. It was a HP DV9088ea costing £1150. Apart from a hinge snapping 1 month out of warranty the laptop is and always has been immaculate. (I replaced the hinges myself.) I still have the box, original packaging etc.

Late September 2009, a matter of days before we were due to move house, the screen went blank but all the power remained on. I referred it to IT guys at work and their initial thought was that the screen had gone. They were wrong as usual! I tried reinstalling drivers and windows as an external monitor works (on safe mode with dotted lines accross it) and low and behold the screen came back on for a matter of seconds before it rebooted and the screen went off again. I don't get the bios screen or anything (the backlighting still works). After some google-ing I soon realised I had the Nvidea probem (Nvidea Go7600 chip by the way).

Anyway, we then moved house, had our baby, got Christmas out of the way and I started to look into getting it repaired in January.

I tried the HP website and got excited when I saw the recall program. Mine isnt listed. Great! I then googled repair agents, contacted local laptop repair companies who don't want to touch it as well as looking at ebay for repair agents. The ebay shops all claim high success rates and that they can make it as good as new and that many last for many years. Other 'independant' sites like this one suggest otherwise. After stumbling accross your site the other night I dug out my invoice, downloaded your template letter to write to Comet and sent them my feelings today. I have given them 10 days to respond and I have threatened the small claims court on them.

I am anticipating that they will tell me to p*ss off due to 3 years old etc. My question is, when I get this response, would I be better to spend the £65 on the engineers report (mentioned on other threads here) and pursuing the small claims route (probably another £100) and risk losing it or should I either a) risk paying £100 for a repair or b) just buy another (non HP or Nvidea) Laptop??? Success stories on here appear to be on laptops newer than mine.

Anyones opinion or experience will be gratefully received. Thanks

Hello Davey and welcome to our forum.

Sorry to hear of the problems you are experiencing with your laptop.

First of all, the fact that your laptop is out of warranty is irrelevant as you have six years to take action against a retailer where the goods in question are inherently defective.

If you wanted to know how much you would get should you take action against Comet you would do the following calculation:-

1) You paid £1150 for the laptop
2) A laptop should last 5 years (60 months)
3) £1150 / 60 = £19.17 (Monthly rate)
4) Your laptop only lasted 32 months
5) 60 - 32 = 28 months remaining usage
6) 28 * £19.17 = £536.66

So, the minimum you would get if you took legal action against Comet would be £536.66

That is if the judge awards a refund based on usage.

If PC World don't turn up on the day you would get 100% of your money back.

Any expenses incurred would also be added on to this figure.

So, I would say you have a very good reason to not give up on this.

I would not recommend you pay for a repair as there are no reliable parts available at this time.

There is a step by step guide to what you need to do and that is available here:- post13.html#p13

The fact that you paid by credit card gives you more power as under these circumstances the card company is jointly and severely liable with the retailer.

You can apply for a Section 75 refund from the credit card company if Comet refuse to play ball.

There is a form available in this forum and that is here:- Letter_to_CC-2.pdf

You should download that, edit it with your details and send it to the credit card company.

They are obliged to help and cannot refuse.

Like Comet, the card company will want an engineers report.

Please let me know when you are ready to proceed with a report and I will send you further details.

If you have any questions please let me know.

Please keep us updated on your progress.

Best wishes

Paul
The Admin Team

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=======================================================
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.

Hi Daveyboy,

Just a quick note to reiterate what Paul has stated, follow the guidelines on the forum.

Please continue to keep everyone informed as to your progress, believe it or not there are several of us 3 or 4 at the last count, that are currently pursuing Comet through the legal system. We would not be pursuing it if we were not 101% sure of an outcome in our favour.

However nothing is guaranteed these days but follow the threads be reasonable in your communication with the retailer, don't be greedy regarding compensation. IMHO any Judge given the evidence as detailed in one of Pauls reports, together with all the info on-line re failures, etc, etc, the Judge would be have to be deaf dumb and blind, not to find in your favour. Just FYI there are success stories of older models failing, and their owners seeking recourse through the legal system and winning, you just have to be resolute.

I am in the process along with a number of others in taking Comet to court, it is tiresome, and I understand your reluctance. It is this reluctance that Comet is relying upon. But don't let the B*%$@:>d's grind you down, you have rights as a consumer.

Good Luck

Thanks Martian and Paul for your comments.

I will wait for comets reply then I will contact you Paul for an engineers report. I am quite a determined individual. The more I have read about this defect the more angry i am that HP have not put their hands up, for everybody and not just a select few. It makes me more determined to see this though. Knowing there are a few more going through this at the moment also helps.

Just one further question, when should I contact the credit card company? Should I do this before I start procedings with comet, during or after?

I'll keep updating as it progresses.

Hello Davey

I would contact the credit card company now and let them know what is happening.

As they are jointly and severally liable this means that you really shouldn't have to go to court if you can start to apply pressure to the card company.

In reality, if you were to issue a small claims action you could technically sue comet and list the card company as the co-respondents.

Good luck Davey.

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 an update, Comet did not respond to my initial enquiry so after a good few weeks I wrote to them again. I received the usual response asking me for the serial number of the laptop. I forwarded this on to them and shortly after (this was a few weeks ago) they responded stating they would charge me to inspect my laptop and that my laptop was not in the recall program! I dont think they read complaint letters as I had already informed them of this!

Therefore, I sent my laptop to Paul early this week, who has emailed today to confirm it has the Nvidea defect and has produced my engineers report. I intend to write to Comet next week once I have received the information from Paul. Fingers Crossed.

I'll update when things start happening......

Hello Daveyboy,



Good luck with that Davey. Comet have got a gold medal for fobbing people of so be prepared for a bit of a battle with them.

But do not worry, you really cannot lose!

If you have any questions then please let me know.

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.

Update time.

Just over a week ago I sent the letter with the engineers report and copy of invoice to Comet. Just to recap, I have already had 2 responses from them prior to this. The first asking for the serial number of my laptop and their second response telling me that my laptop is not in the recall programme and they would charge me to look at it.

I was half expeciting them to now start taking my complaint serious, due to the amount of other complainants they have had on this issue and as I sent Pauls engineers report with invoice. I should have known better! They have basically repeated their previous response. They have not acknowledged the engineers report whatsoever other than say they will not repay me the £65 fee.

They have stated their 'Computing Support Manager' and HP have said my laptop does not fall under the category of the 'known' Nvidia issues. Interesting. At least they are admitting there is an issue. Its just that they do not feel my laptop has this 'issue'. They also have the cheek to ask me for another £49.99 for an inspection fee and then following this, any work they would do would be chargeable. I have just sent them an engineers report, why do they think I would pay them for another inspection. Common sense just doesn't come into it with Comet it seems.

So I suppose I have now exhausted my communications with Comet. Is it now time for me to pursue my complaint to he small claims court? This is where I am a bit unsure. I shall have a good read of the help pages on this forum prior to taking this step. I want to do this right.

Any advice or guidance would be appreciated.

Thanks

What a surprise - Comet trying everything they can to get out of paying up

They're probably concerned about losing their title as the worst retailer for dealing with this issue

Anyway, don't be too concerned about issuing a court claim. It's all very simple and the Small Claims procedure is designed to make it as simple as possible for somebody to get what they're owed without needing a solicitor.

The odds are that Comet will settle at the 11th hour (they normally do) but in the meantime there are plenty of us here who can give you a hand.

Feel free to post back with any specific questions/concerns.

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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.

Hi all

I have just submitted my claim form with the SCC, finally! It wasn't too bad. I used Pauls guidance and templates and tweaked accordingly. Just to let you know Paul, the claims forms have now altered on the moneygov website. The instructions and screenshots you have still help greatly but some of the information is no longer applicable. (I think they've tried to streamline their options).

So I understand Comet now have 14 days to respond. What happens then?

Just wanted to thank Paul and Ciderboy for their words of encourangement and help so far. I'm sure I'll be needing more help in the not too near future. This is all new to me so I'm not sure of what to do next.

Thanks