The Nvidia Defect Forum

Hello Barry,

Well, it seems like Comet have been very reasonable so far - a refreshing change in my opinion.

No need for the letter before action as they are doing all that is required of them.

The cost of the engineers report is £65 which includes the collect and return carriage via DHL.

You can claim this cost back from the retailer when requesting your refund/replacement.

Turnaround time for these reports is 5 business days.

In order to proceed with the report please do the following.

1) Please go to http://www.lapcure.co.uk/register.php

Complete the registration page and then verify your email address.

2) Once you have done that please then login to the site and click on the
"Add a job" link.

Fill in details about your laptop and then once you are sure the details are
correct please save the record.

Once you have done that the courier will be booked to collect the laptop the
next business day.

We use DHL for the collect and return carriage.

Please ensure that laptop is securely boxed with sufficient packaging to
withstand transit to ourselves.

Once you have booked your laptop in I will email you with the label to place
on the box.

Payment is not due until the report is ready.

I will email you a PDF copy of the report and will include 3 copies of the
report and invoice with your laptop.

If you have any questions or queries then please do not hesitate to contact
me.

Best wishes

Paul

_________________
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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
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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.

Hi Guys
Bit of a lull in communications due to Xmas/New Year, snow/ice, getting Laptop inspected and reported on (thanks Paul), letter before action drafted, tweaked (again thanks Paul) and sent off to Comet Head Office.
I/we have now received their response. Suffice to say what was by now expected of them....Sorry about problems, checked HP Website and no record of this particular model having any potential hardware issue and this confirmed by Comet's Computing Support Manager (bringing out the Big Guns!).
They seem to have completely ignored the content of the inspection report (noting that the motherboard had been 'tweaked' either at the time of manufacture or shortly after') and concluded 'As the Laptop has worked for over 2 years (not correct!), this clarifies it was free of any manufacturing defects when sold'
They have offered to inspect it and if feasible repair it for a charge.
So looks like it is a small claims court approach!
I'd be grateful for any hints, advice, website links etc for me to get the ball rolling on the claim.
Thanks in anticipation.

Cheers


BarryT

Hello Barry,

Comet have an attitude towards customers that beggars belief.

How they can disregard this problem when it is not only acknowledged by Nvidia (in part) and HP (in part) but just about every other reputable IT source on the Internet?

It seems that litigation is the only language they understand.

There is a step by step guide to filing your small claims action. That is available here:- topic163.html

That takes you through virtually the whole process of filing your claim.

As regards corroborating evidence, there is a whole host of links available here:- evidence-with-links-to-external-sites-t10.html

You should be able to gather all you need from there.

Good luck with your quest and if you have any questions or queries 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.

Hi Paul/Guys

Just to let you all know what stage I have reached with my battle with Comet.

Claim Issued with Money Claim Online 10th Feb 2010

Comet replied with an Acknowledgement of Claim on 16th Feb 2010 notifying their intention to defend all of the claim. They now have 28 days from the date of service of the claim to file a defence. I will keep you informed of progress.

Now that Comet have announced their intentions is it the time I should be thinking of approaching the credit card company that the laptop was paid for with to let them know A) I am taking action against a company that I bought a product from using their card and B) as such I am holding them 'jointly and severally liable' I think that is the sort of wording I would need to use but I think I may have seen a similar letter somewhere on this site so if you do have reference to it please can someone point me in the direction of it - thanks.

Interestingly the Credit Card used is an HSBC one, the same Bank as Comet use for their compensation cheques - might be interesting!

Cheers


BarryT

Barry

It looks as if Comet can sometimes be a bit slow in getting their defences in (although looking at how quickly they got the acknowledgement in in your case they may be learning).

You need to work out exactly when the 28 days from the date of service is.

If you've not received a formal defence by the day after this date you need to contact the court to see if they have received it.

If not then you can enter Judgement by Default immediately - at the very least this will mean that they have to go to more expense in getting the judgment set aside but the odds are that they will just pay up.

Good luck

_________________
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 Paul/Ciderboy/Guys

Very pleased to hear of Tina/TallulaRL’s success with Comet.

For my own part just received Comet’s defence of our claim today.

Either they are all very busy (presumably lots of actions and lots of defences to lodge!) or they are not very interested as I appear to have a very badly ‘cut and paste’ document from them supposed to be their defence.

To summarise they have:
Spelt the claimants name wrongly
Called her ‘he’ at the beginning of the letter and ‘she’ further into the letter
Have confirmed the correct date of purchase at the start of their letter and in point 2 of their defence claimed the date of purchase to be 2 months prior
The letter is badly constructed and has numerous ‘typos’

Still to their defence:

Point 1 They don’t deny there is a problem with this chip but say that HP have confirmed that this model of laptop does not have a problem (Staples have paid out on a claim for this laptop and GPU as a result of the NVidia defect) As such ‘We therefore put the claimant to strict proof that the fault with her laptop is being cause (sic) by the part in question. (They have totally ignored the report Paul did for me and was sent to them as part of my Letter before Action)

Point 2 They say ‘Having had the laptop since October 2007’ (it was purchased December 2007 which they acknowledge earlier in the letter) ‘we aver that base(sic) on time the claimant has accepted the laptop and therefore waived the right to now reject it and claim a refund.

This letter was pp’ed in her absence for Lesley Laws

So the ‘same old same old’ for their defence.

I now have an allocation questionnaire to fill in and return prior to the 19th so I’d be grateful if I could pick Ciderboy’s brains as to how I do this as I am doing all this on behalf of a friend and intend to ‘represent’ her in court.

Also Paul you mentioned somewhere on the forum that the GeForce 6100 chip was on NVidia’s ‘hotlist’ could you let me know how to find this ‘hotlist’

Thanks for your help

Cheers

BarryT

Hello Barry,



I saw a list of all the affected Nvidia GPU's that were listed in a court document.

It was in one of the many Class Actions currently in progress in the States.

Nvidia, to date, have not released a list of affected chips.

I have seen literally hundreds of laptops now, all crippled with the Nvidia defect and it affects just
about every single Nvidia GPU.

I will have a look and find that document for you and will post link here as soon as I find it.

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.

Barry looks like we are at exactly the same stage in our proceedings with Comet and incidentally we also have the same grapphics chip the Go 6100.

I completely agree with your comments about the cut and paste nature of Comet's defence it sounds like yours was almost identical to our letter. Maybe they typed it on a HP laptop and some of the keys were missing...

Best of luck

Hello Barry,



I am still searching for the link in question. I did have it but lost it due to a virus.

The document in question was a court document, filled by Nvidia's own Insurance company, National Union Fire Insurance, who are suing Nvida for agreeing to settlements without consultation or agreement with them first.

The document lists some of the affected chips as follows:-



I will post the link as soon as I find it.

In the meantime you should take a look at this link:- http://www.squaretrade.com/htm/pdf/Squa ... y_1109.pdf

This doesn't take into account the Nvidia defect either.

In my opinion it makes shocking reading for HP.

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.

Hi Paul/Pauls

Thanks for this Paul, I get the impression there is very little 'good reading' for HP anywhere at present.

I have tried 'trawling' through the NUFI listing but so far to no avail.

I have however managed to extract a detailed listing of the 'Nvidia failed' GO 6100s from the HPLies forum. This listing gives details of the Laptop models they were in and whether or not the particular model was on the HP Enhanced Warranty Scheme. Interestingly of the 14 listed only one laptop was on HP's EWS! This coupled with engadgets report of failing 6000 series GPUs and the fact that Staples have paid out on this GPU more than once should hopefully weigh heavily in our favour. I am not anticipating ending up in court (for the usual Comet reasons!) but want to be prepared just in case>

On a separate matter I have tried PM'ing Ciderboy for some advice but so far have been unsuccessful in getting my PM sent - any ideas?

Cheers


barryt