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PostPosted: Mon May 03, 2010 7:17 am 
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Joined: Sat Apr 17, 2010 2:23 pm
Posts: 16
Laptop Make: HP
Model: G6000
Purchased From: High Street Store
Amount Paid: 379
Date Purchased: 21 May 2007
Date Failed: 15 Apr 2010
Also he has stated on the report that the graphics card isNvidia GeForce Go 6100

Yet the temp download I do says it is GE Force 7000m/ n force 610m.

I am also concerned that the report is only an excel doc...will this hold weight with the supplier? I do have a email from company stating enginners report attached.

Thanks again


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PostPosted: Mon May 03, 2010 9:16 am 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 6450
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 0
Hello onadietcokebreak,

Well, the report, whilst stating the faults, does not state that the laptop is inherently defective.

This is very important as this is what you are going to need to rely on in court.

The other faults listed could all be a result of wear and tear.

I do not think that the report that you have would hold enough weight in court. I would till try to use it with Tesco's though to see what they say.

They may accept it and offer a refund, you would have to try and see.

If they do not offer a refund or the refund amount is not enough, then you will have to consider obtaining a secondary report if you were to progress to court.

So, try the report with Tesco and see what they say then pop back here and let me know and I will advise further.

Good luck and best wishes

Paul
The Admin Team

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PostPosted: Mon May 31, 2010 4:16 pm 
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Joined: Sat Apr 17, 2010 2:23 pm
Posts: 16
Laptop Make: HP
Model: G6000
Purchased From: High Street Store
Amount Paid: 379
Date Purchased: 21 May 2007
Date Failed: 15 Apr 2010
I have now received a letter from Tescos offering me a good will gesture.

However the next paragraph states

As proucts like these decrease in value over time that they are unable to offer me a full refund. However they agree that the laptop should have lasted longer than just over 20 months they are sending me a cheque for £144.

As far as Mr Ts are concerned its a done deal.

I think I should push for more and also the engineers report. With any new laptop I will have to purchase software again.

Any suggestions?


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PostPosted: Mon May 31, 2010 6:19 pm 
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Joined: Mon Sep 28, 2009 2:16 pm
Posts: 421
Laptop Make: HP
Model: G6000
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 399
Date Purchased: 01 Mar 2007
Date Failed: 25 Sep 2009
I cannot believe the way that Tesco do this - it's almost as though you should be thankful that they give you anything.

Firstly - Do not cash any cheque they send you. If you did then this could be looked upon as accepting their offer.

Write back to them (recorded delivery as always) stating that you do not accept their offer but proposing a counter offer (using the calculation that Paul normally uses):

The laptop should last for at least 5 years so £379/ (years)/12 (months) = £6.32 per month.

Let's say that your laptop lasted 21 months. This equals £132.72 worth of use.

Therefore you want Tescos to give you £379 - £133 = £246 plus the cost of your engineers report. This is what you would be likely to be awarded by a County Court if the case were to go this far.

Tell them that they've got 7 days to respond or you will be issuing a claim in the County Court.

Good luck :D

Edit Reason - Getting my 5 & 6 years mixed up(that's what I get for coming straight onto the forum after a weekend away :D )

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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.


Last edited by ciderboy on Mon May 31, 2010 6:32 pm, edited 1 time in total.

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PostPosted: Mon May 31, 2010 6:25 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 6450
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 0
Hello,

That offer is way too low.

By my calculations you would be entitled to a minimum of £252 plus your consequential costs should it go to court.

I would contact them and tell them that their offer is well below what a judge would award if it went to the small claims courts.

You should also tell them that unless they have a duty to refund the cost of the report as it is a consequential loss and that this refund should be in addition to the refund for the laptop.

If they fail to comply then I would simply pop on over to www.moneyclaim.gov.uk and file a small claims action against them.

If their cheque arrives for their current offer and you intend to pursue your case then please ensure that you do not cash the cheque.

If you need any help or advice then please let me know.

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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PostPosted: Mon May 31, 2010 7:42 pm 
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Joined: Sat Apr 17, 2010 2:23 pm
Posts: 16
Laptop Make: HP
Model: G6000
Purchased From: High Street Store
Amount Paid: 379
Date Purchased: 21 May 2007
Date Failed: 15 Apr 2010
Thanks Ciderboy and Paul.

I wont be cashing the cheque. I am hopefully for a result from Cushley soon as it will set a "standard" for Tescos.


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