Hello Cushley,
Well, their "defence" to these claims have become more laughable by the day.
The first two points of their defence are merely statements of fact so nothing to worry about there.
Point number 3 of their defence could be true in part, as there could be a reduction in the refund value to allow for usage. I calculate that the refund you would receive, should there be a reduction for usage, would be in the region of £227, which is more that they are offering.
Regarding point 4 of their defence, the fact that there would be betterment.
Considering that your laptop was doomed to fail prematurely from the date you parted with your hard earned cash I would say that you should be entitled to either a refund or replacement laptop.
How can they talk about betterment when their offer of a refund wouldn't come close to the cost of a laptop, so accepting their offer would actually put you in a worse position.
Tesco must have some form of guarantee from whoever they purchased these laptops from so why can't they just call on that instead of the customer taking the hit?
Considering the billions of pounds of profit that Tesco have announced it is not going to break them!
Now we get to the ridiculous part of their defence, the "Particulars Of Claim"
They state:-
Quote:
The laptop has been repaired, which cost the customer £65 from a laptop repairer and is currently in working order
What a ill-informed, untrue and factually incorrect statement to make!
In your report it clearly states:-
Quote:
It should be noted that at the moment the laptop is working. This is a side-effect of the rework test that I performed.
The fact that the laptop is currently working should not be taken as an indication that it has been repaired. The laptop will fail again though the length of time that it will last after the rework test is indeterminable.
Now, does that state that I have repaired your laptop?
I even emboldened it as I have above to stress the point.
I could not have been more explicit in that statement which makes me think one of the following:-
1) They have chosen not to read your report
2) They got bored after starting to read it (it is 4 pages long) and didn't get to the end
3) They didn't understand the statement
4) They did understand the statement but hope that the judge won't
5) They don't know what they are talking about.
If they had indeed read your report they would see that there is no mention of a repair.
In fact, the report also explicitly states that a repair is not recommended due to the unreliability of either spare parts or a reworked repair.
The report will absolutely thrash that point in court once the judge reads the report.
They then go on to state that you have failed to take into account that a laptop depreciates quicker in the early years of it's life.
(I have to say at this point that it depreciates even quicker when it's inherently defective)
The point here is that the laptop breaches both your Statutory Rights and your rights under the Sale Of Goods Act.
This is not just an ordinary case of a laptop failing after two years of use; your laptop was doomed to fail and therefore all this baloney about how quickly a laptop depreciates is just nonsense which clouds the real facts.
They then go on to state that HP would be happy to offer a repair.
Were they prepared to give you the written guarantee that the parts that would be used would be free from the defect?
If not, you have to ask yourself why not.
I always say that if a retailer is not prepared to give a written guarantee stating that the parts being used will be free from the defect then the offer of a repair should be refused. If they do not have the confidence to offer such a written guarantee then how can you have the confidence to accept it?
The Nvidia 10K filings state the size of the problem and this is just the tip of the iceberg.
These defective GPU's are not selective, in other words they are not just in laptops. They are also on the thousands upon thousands of spare parts that are in circulation. Which is why I always ask for a part number so that I can check the status of the spare part being used.
I hope the above fully answers their defence for you.
If you have any questions or queries then please let me know.
Best wishes
Paul
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