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 Post subject: Re: HP dv9667ea
PostPosted: Mon Feb 22, 2010 12:00 pm 
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Joined: Mon Sep 28, 2009 3:16 pm
Posts: 422
Laptop Make: HP
Model: G6000
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 399
Date Purchased: 01 Mar 2007
Date Failed: 25 Sep 2009
Garth,

Looks good to me.

I would have thought that agreement to your terms within 7 days is all that you need. However, I would make it clear that you want the written guarantee before letting them have your laptop.

Bear in mind that (if you want to be pedantic) they should also either collect the laptop or pay your reasonable costs of getting it to them.

_________________
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.


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 Post subject: Re: HP dv9667ea
PostPosted: Mon Feb 22, 2010 12:20 pm 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6904
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Garth,

That sounds excellent.

Let's hope they accept it, though knowing Comet they will will probably hold on to your money a bit longer.

Good luck and best wishes

Paul
The Admin Team

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 Post subject: Re: HP dv9667ea
PostPosted: Fri Feb 26, 2010 11:04 pm 
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Joined: Mon Oct 19, 2009 11:21 am
Posts: 46
Laptop Make: HP
Model: dv9667ea
Graphics Card: 8400M GS
Purchased From: High Street Store
Amount Paid: 999
Date Purchased: 22 Nov 2007
Date Failed: 01 Oct 2009
I have received my court date, 6th May. However, the form says I need to pay a hearing fee of £100 unless I make an application for a fee concession. I thought the £70 I have paid when I logged the case on the Moneywise website was the hearing fee. Am I mistaken?


Last edited by garthwd on Fri Feb 26, 2010 11:17 pm, edited 2 times in total.

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 Post subject: Re: HP dv9667ea
PostPosted: Fri Feb 26, 2010 11:07 pm 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6904
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Garth,

That is a question I will have to ask our eminent member Ciderboy.

He works for the courts and is 100% articulate in this area.

I will contact him and find out for you.

Not seen that before.

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.


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 Post subject: Re: HP dv9667ea
PostPosted: Sat Feb 27, 2010 12:26 am 
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Joined: Mon Sep 28, 2009 3:16 pm
Posts: 422
Laptop Make: HP
Model: G6000
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 399
Date Purchased: 01 Mar 2007
Date Failed: 25 Sep 2009
garthwd wrote:
I have received my court date, 6th May. However, the form says I need to pay a hearing fee of £100 unless I make an application for a fee concession. I thought the £70 I have paid when I logged the case on the Moneywise website was the hearing fee. Am I mistaken?

Garth

Unfortunately Her Majesty's Court Service likes its fees and has to set them to cover its costs.

The initial fee was the issue fee which covers you up to the Allocation Questionnaire stage (as your claim is a Small Claim under £1500 there was no AQ fee to pay). The hearing fee is the next one to pay.

Bear in mind that the majority (probably around 90%) of County Court claims never actually go as far as a hearing - they either settle, are discontinued or end with a Default Judgment (ie: when the defendant doesn't respond judgment is entered as a paper exercise - normally without a judge even seeing the case). This is the main reason for new fees at different stages.

As with the issue fee the hearing fee will be automatically added on to your claim.

From the hearing fee you're being asked to pay your total claim must be between £1000 & £1500. If you can settle the case & get written confirmation of this to the court 7 days before the hearing then you will normally get the fee refunded.

Depending on how long you've got to pay the fee this could possibly be something you can use to force Comet to come to an agreement (ie: pay up or another £100 is being added to the claim).

There shouldn't be any more fees to pay after this one unless you have to enforce the judgment (sending in the bailiffs etc.).

PS: Just in case I forget to tell you - if this does go to hearing (knowing Comet this is unlikely) then, when the judge tells you that you've won, don't forget to ask for travel costs & loss of earnings for the day (they won't normally allow over around £50).

_________________
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.


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 Post subject: Re: HP dv9667ea
PostPosted: Wed Mar 17, 2010 10:54 pm 
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Joined: Mon Oct 19, 2009 11:21 am
Posts: 46
Laptop Make: HP
Model: dv9667ea
Graphics Card: 8400M GS
Purchased From: High Street Store
Amount Paid: 999
Date Purchased: 22 Nov 2007
Date Failed: 01 Oct 2009
Hi again.

I am making a start into my claim and the evidence I have to supply the Court and Comet prior to the Court hearing. I have absolutely no idea how it is supposed to look but here goed :lol: .

Paul, once I have finished it, if I can get it fully into electronic format, would you be kind enough to give me feedback on it? I know you are a busy man so if you don't have the time then I wouldn't be offended.

Thanks again to everyone on this site for their help so far.
David


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 Post subject: Re: HP dv9667ea
PostPosted: Wed Mar 17, 2010 11:05 pm 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6904
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Garth,

There is a post on this forum that will help you with what you need to enter on the Small Claims form and that is here:- help-on-what-to-enter-on-the-small-claims-court-form-t339.html

I would be more than happy to look at your file before you send it.

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.


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 Post subject: Re: HP dv9667ea
PostPosted: Thu Mar 18, 2010 9:12 pm 
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Joined: Mon Oct 19, 2009 11:21 am
Posts: 46
Laptop Make: HP
Model: dv9667ea
Graphics Card: 8400M GS
Purchased From: High Street Store
Amount Paid: 999
Date Purchased: 22 Nov 2007
Date Failed: 01 Oct 2009
Paul, I am beyond claim form stage, the claim has been lodged. I am now getting my evidence together to send to Comet and the Court to use in the Court case should it go ahead. Your feedback when it is finished would be much appreciated. I am sure I can do a PDF to send you when completed.

A quick question for whoever may know (Ciderboy?) In my evidence, which I am writing in the form of a report (but happy to be corrected if it should take a different form), can I just type out excerpts from the websites that report the defect and include the URL or would I have to print out the full article and add it to the report?

For example, could I type in the report:

“...The defect, which occurs in the NVidia G84/G86 series graphics chipsets, was initially denied by the graphics manufacturer as being so widespread. But after Dell announced measures to deal with the issue, the writing was on the wall and HP was forced to take similar action since the defect hits models ranging from HP’s Pavilion dv2000, dv6000, and dv9000 series laptops, as well as the Compaq Presario V3000 and V6000...”

http://www.coolest-gadgets.com/20080729 ... ic-defect/

or would I still have to print out the full web page? I hope I am explaining myself correctly here.


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 Post subject: Re: HP dv9667ea
PostPosted: Thu Mar 18, 2010 9:31 pm 
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Joined: Mon Nov 30, 2009 6:45 pm
Posts: 41
Laptop Make: HP
Model: pavilion dv9292eu
Graphics Card: 7400
Purchased From: High Street Store
Amount Paid: 849
Date Purchased: 13 Apr 2007
Date Failed: 13 Nov 2009
hi there,

are you just at the stage of filling in the allocation questionnaire? Because I am and would like to know if I should enclose more evidence. I was just going to send the report plus my corespondence with comet and my coments on the form in the other information box. Don't know if I should send more.

thank you


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 Post subject: Re: HP dv9667ea
PostPosted: Thu Mar 18, 2010 9:38 pm 
Offline

Joined: Mon Oct 19, 2009 11:21 am
Posts: 46
Laptop Make: HP
Model: dv9667ea
Graphics Card: 8400M GS
Purchased From: High Street Store
Amount Paid: 999
Date Purchased: 22 Nov 2007
Date Failed: 01 Oct 2009
Vlastimil wrote:
hi there,

are you just at the stage of filling in the allocation questionnaire? Because I am and would like to know if I should enclose more evidence. I was just going to send the report plus my corespondence with comet and my coments on the form in the other information box. Don't know if I should send more.

thank you

No, I have fileld that in already and now have a court date. On the Allocation Questionnaire I think you need give the Court admins enough details so they know to allocate it to the small claims. You would give a lot more detail once you have been allocated a Court date. You then need to send your evidence to the defendant as well as the court, this is when you would give all the info. If you look back a few pages you will see roughly what I put in the Allocation Questionnaire, take a look at that and change the details to suit your circumstances. I only sent my report, I didn't send full details of my correspondence, though I don't suppose it would harm if you did.


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