The Nvidia Defect Forum

Comet discussion thread
o/n 09010045 - Customer unhappy that his hp dv9340ea laptop has failed and it was purchased on 03/07/07 no XW/Cust states manufacturing fault.

Customer (xxxx) 23/03/2009 08:51 AM
Good morning.
I purchased an hp dv9340ea laptop from you in July of 2007 and it completely broke down 3 months out of the standard 1 year warranty.
This catastrophic failure was due to the fact that hp supplied you laptops that did not fit the terms of the sale of goods act as amended, they had an inherent manufacturing defect namely the nvidia chip, which nvidia the company have put their hands up to and publically admitted the problem. Hp finally admitted the problem and implemented a product recall on certain models but unfortunately not all of the affected models are covered including mine.
the situation now is that I have been arguing this with hp for some 4 months and their most recent correspondence says "If you feel that there has been some breach of your rights as a consumer, this is a matter that should be taken up with the retailer from which you purchased the system"
I personally think it’s their problem, not yours, but as the consumer law states in the uk that I must come to you for redress and seek resolution on this matter.
What I want is a full refund or replacement to the value of. I will not accept a repair as the people that have had repairs from hp have encountered secondary failures within weeks due to repairs with the same faulty parts. This is all well documented evidence found at hplies.com and any other computer related site. This problem is massive! And I look to you with the hopes that you can help me please.
A copy of this will be sent to the bbc watchdog and I would appreciate if you could forward this to Thierry Falque-Pierrotin as he has a right to know what hp are putting onto their resellers.
As stated I must give you 14 days for a response before legal proceedings in the small claims court are submitted but I hope we can come to a resolution without it.
regards xxxxx

Response (Kriss Brynolf) 23/03/2009 11:05 AM
Dear xxxx
I was concerned to read your recent email regarding your Hewlett Packard laptop. It has been referred to this office for investigation and response.
May I advise that we always endeavour to respond to issues within 3 working days, this allows us time to complete investigations and gather the relevant information.
Regrettably I cannot proceed with your query due to lack of customer details, to enable me to continue looking into the issues you raised may I ask that you provide any sales information that you have, customer order number or purchasing store details and the date of purchase.
To contact us please call our office on 01482 592442 Monday-Friday 9.00am-5.30pm or respond to this email.
Assuring you of our best intentions.
Kristina Brynolf
Customer Service Officer
Customer (xxxx) 23/03/2009 01:13 PM
Hello and thank you for the speedy response. The details are as follows..... store:1013 comet BRAINTREE order no:1013-9010045 trans no:09-9468 date:03/07/07 colleague:aaron l hp pavilion dv9340ea s/n:CNF7182B54 p/n:GH836EA#ABU purchase price £929.99 regards xxxx
Response (Kriss Brynolf) 25/03/2009 11:39 AM
Dear Mr xxxx

In response to your email regarding the Hewlett Packard laptop you purchased on 3rd July 2007.

I have contacted Hewlett Packard technical department who have confirmed that there was an issue with the N-vidia graphics chip and also the Intel chip in some models of laptops which they did recall. However, they have advised that the laptop you purchased, model number DV9340ea, was not included in their product recall as the internal workings or your model are not affected.
Having contacted Comet Computer Support they have advised that they can offer a chargeable inspection for £48.93 with a possible reduction of up to 35% off the cost of any parts required, if it is found to be a major component failure, as it is not covered by any extended warranty policy and if a repair is possible. The reduction in costs is based upon the age and service history of the laptop.
Therefore, taking the above into consideration, I am unable to agree to your request for a replacement or refund. However should you wish to accept our offer of a chargeable service, may I respectfully request you return your laptop to your local Comet store or alternatively call Comet On Call directly on 08448 920 999, where all necessary arrangements will be made.
I trust this information is satisfactory and if you require further assistance in this matter then please do not hesitate to contact me.
Assuring you of our best intentions.
Kristina Brynolf
Customer Service Officer
Customer (xxxx) 25/03/2009 04:15 PM
Ok thank you for your time.
I will issue a claim in the county court against you asap on the grounds that
the Sale of Goods Act suggests that the warranty is irrelevant if the goods were not of satisfactory quality "indisputable fact" in the first instance.
Ref: trading standards and consumer direct.
http://www.sfmslaw.com/pages/cases.php?id=300
http://hp-hell.munnday.com/
http://www.pcmech.com/article/big-probl ... th.nvidia/
http://blog.wired.com/gadgets/2009/03/f ... dia-c.html
http://www.engadget.com/2008/07/31/figu ... its-a-lot/
http://www.pcadvisor.co.uk/forums/index ... id=2&sr=21
http://mattsblog.ca/2007/12/14/having-p ... -notebook/
http://www.lawyersandsettlements.com/ca ... ilion.html
http://hpnvidialies.blogspot.com/
http://www.ipetitions.com/petition/HP_p ... index.html
http://www.wirelessfailure.com/
http://forum.notebookreview.com/showthread.php?t=194650
http://www.theinquirer.net/inquirer/new ... a-problems
http://hpstolemymoney.com/
http://www.pcpro.co.uk/news/news/220971

Response (Kriss Brynolf) 31/03/2009 04:58 PM
Dear Mr xxxx
Further to your recent email
I would respectfully direct you to my previous response and for further information please refer to the link I have provided.
http://h10025.www1.hp.com/ewfrf/wc/docu ... 54&lang=en

As previously advised due to your laptop model number DV9340ea not being included in the manufacturers issue for products that were affected by their N-vidia chip we are unable to help you further in this matter.
I appreciate that this is not the reply you were seeking and apologise for any frustration this has caused.
I trust this clarifies our position
Kristina Brynolf
Customer Service Officer
Customer (xxxx) 31/03/2009 05:21 PM
Yes the situation is perfectly clear thank you.
Unfortunately the consumer law in the uk stinks, I blame hp for this, not comet but the legal’s advice that I claim against comet and that is unfortunately the route that I will have to go down.
you are welcome to visit http://hplies.com/viewtopic.php?f=9&t=276
and take a look at our 19 page of concerns and findings that have been forwarded to the relevant bodies, no uk judge will dismiss the facts
thank you for your attention and good luck
Response (Kriss Brynolf) 01/04/2009 09:46 AM
Dear Mr xxxx
In brief response to your latest email.
I have noted your comments concerning the issues you have raised regarding the laptop and respectfully redirect you to my previous responses.
Kristina Brynolf
Customer Service Officer
Customer (Entered by Katrina Capper) 03/06/2009 05:28 PM
From: xxxx [mailto:xxxxx@btinternet.com]
Sent: 03 June 2009 11:53
To: Annabel Donaldson
Cc: watchdog@bbc.co.uk
Subject: Fw: hp dv9340ea laptop DOP 03/07/07 no XW - cm says manufacturing fault - wants exchange - 1013/9010045 [Incident: 090323-000009]
I have now attained an independent engineers report showing that the laptop was inherently faulty and did not fit the terms of the sale of goods act.
please could you mail me the correct defendants address to put on the county court documents and cc this to Thierry Falque-Pierrotin
regards xxxx
Response (Katrina Capper) 03/06/2009 05:28 PM
Dear Mr xxxx
I am writing in response to your recent e-mail addressed to Thierry Falque-Pierrotin at Kesa Electricals regarding your Hewlett Packard Laptop. It has been passed for my attention as it falls within my area of responsibility.
I note your further comments regarding the independent engineer’s report that you have obtained. To enable me to move forward with this matter I would respectfully request that you forward me a copy of this report and once it has been received I can review the matter and advice of how best we can resolve this matter
In closing, please accept my sincere apologies for the inconvenience this matter has caused.
Regards
Katrina Capper
On Behalf of the Directors Office
Customer (xxxx) 09/06/2009 03:25 PM
Good afternoon and thank you for the response.
Apologies for not getting back to you sooner, as I was out of the uk on business.
Could you please give me the address where you would like a hard copy of the engineers report sent to?
thank you
regards xxxx
Response (Katrina Capper) 09/06/2009 04:03 PM
Dear Mr xxxx
Further to you e-mail dated 9 June 2009.
I would respectfully request that you send the engineer's report to
Comet Plc
George House
George Street
Hull
HU1 3AU
Once it has been received I can review the matter and advise of how best we can resolve this matter
Regards
Katrina Capper
On Behalf of the Directors Office
Customer (Entered by Kevin Morgan) 15/06/2009 10:54 AM
15.06.09 MD
Customer (Entered by Katrina Capper) 15/06/2009 11:57 AM
O/n 09010045
customer has written in with details of report from Lapcure in Leeds, who advised that the unit screen failed, but came on pink and lettered with Hieroglyphic characters. Which they know is caused by faulty/failed graphic chip (GNU) manufactured by Nvidia.
Customer (xxxx) 15/06/2009 04:58 PM
good afternoon, do you think we can come to a resolution by 17.30 pm today please
Response (Katrina Capper) 16/06/2009 02:31 PM
Dear Mr xxxx
I am writing in response to your letter dated 11 June 2009.
I have discussed your further comments with our Multimedia After Sales Manager, who was disappointed that our authorised repair agents have failed to meet your expectations. After reviewing the report that you have submitted and speaking with the Senior Manager, I can confirm that your model of laptop was included on a list of specially selected units which will carry an additional 1 year warranty. He has asked me to pass on his apologies that this was not noted when you contacted them previously and action has been taken internally to prevent this from happening again.
Taking the above inconsideration, I would respectfully request that you confirm the address that the laptop can be collected from so I can arrange for a free of charge repair on your unit.
In closing, please accept my sincere apologies for the inconvenience this matter has caused.
Regards
Katrina Capper
On Behalf of the Directors Office
Customer (Entered by Ron Teale) 23/06/2009 10:39 AM
Cust has take out a County Court claim against us - claim no 9QT75018 - claiming £975.96 + £60.00 fees
Is claiming a refund + £48.93 independent inspection fee + £1.96 recorded del , stamp and envelope
Response (Ron Teale) 02/07/2009 04:14 PM
Thursday, 02 July 2009
Money Claim Online
Northampton County Court
21-27 St Katharine’s Street
Northampton
NN1 2LH
For The Attention of the Court Manager
BY FAX & POST
Dear Sirs
Re: Mr xxxx-v- Comet Group PLC: Claim No 9QT75018.
I write in connection with the above claim.
Please find enclosed a copy of the defence upon which we intend to rely on in Court.
A copy of this defence has also been forwarded to the Claimant.
Yours faithfully
Ron Teale
Comet Group PLC
Enc. Copy
Thursday, 02 July 2009

Response (Ron Teale) 21/07/2009 02:01 PM
Tuesday, 21 July 2009
Colchester County Court
Falkland House
25 Southway
Colchester
CO3 3EG
For the attention of the Court Manager
Dear Sirs
Re: Mr xxxx-v- Comet Group PLC, Claim No 9QT75018
I write with regard the above matter.
Please find enclosed the completed Allocation Questionnaire.
I trust you find this in order.
Yours faithfully
Ron Teale
Customer Services Officer
Enc. Allocation Questionnaire
Customer (Entered by Ron Teale) 03/09/2009 09:21 AM
Notice from Court - hearing set for 21/10/09 at 14.00. Docs to be in by 7/10/09

_________________
visit http://www.lapcure.com for quality service and results

I phoned Comet and spoke to Ron Teale (mentioned in your thread).

I requested a copy of the "list of specially selected units" to which I was told there wasn't one, only the HP one.

When I stated that the had told a customer that their laptop was on this list (I didn't mention you) he immediately clammed up.

He then said he didn't want to talk anymore and that I should write in.

I am drafting something today and will keep you updated.

I would love to get my hands on that "other" list.

Best wishes

Paul
The Admin Team

_________________
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just as we suspected, no other list and just a token gesture to get rid of me.
thanks for your help on this matter nvidiadefect.com

_________________
visit http://www.lapcure.com for quality service and results

Hello,

Please find below a copy of the defence that has been filed recently by Comet in
response to a Small Claims action brought by one of the forum members.

_________________
=======================================================
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.

Hello,

Ok, in repsonse to my post above.

How typical that Comet want to wriggle out of their obligations.

They state in their first paragraph that as the laptop was puchased by the forum members wife then they have no contract with him.

If they had cared to check the facts about the sale they would have realised that the wife did make the initial purchase but the next day her husband returned the laptop to the Comet store and exchanged it for an alternative model paying the difference on his Visa card.

It was at that point I sat bolt upright Hairy. I didn't realise you had paid for the laptop by credit card.

It doesn't matter that you didn't charge the entire purchase price to the card, the fact is you have paid for some of the laptop on the card.

This is excellent news as that means that the credit card company is as responsible for the defect as the retailer.

Again, I am not a lawyer, but it is my understanding that a credit card company is equally liable should you experience problems with your purchase.

It is worth checking that one out.

But I digressed from the topic which was Comets defence.

It is laughable that Comet had refused a free repair all the way down the line until such time as you secured an engineers report.

They then, quite apparently, bottled it and contacted HP who, they say, agreed to add your laptop to the "specially selected list of laptops".

After all the hassle and aggravation that you had to go through to get to this stage, they then think that you should be thankful that they have offered a free repair.

They also invite you to prove that laptops are failing after a repair (due to parts being installed containing the same defective chips) as they totally refute that.

I would gather together evidence from the net from users and from verifiable sites that state laptops are failing for a 2nd, 3rd and even 4th time after a repair.

That will help you prove your statement and justify your reason for not wanting to have the unit repaired.

Shame on you Comet for what must be the best example of the worst possible customer service.

If you struggle to get some evidence together then please let me know and I will help.

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.

unfortunately i got rid of the credit card over a year ago, hopefully i can fight this without going down that route but i will if this case fails

_________________
visit http://www.lapcure.com for quality service and results

Ok mate, good luck anyway and remember to gather as much evidence as you can for the big day.

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.

Worst customer service, second only to HP!

another happy customer !

Cool, lets see more of these.

Looking forward to when yours makes the headlines

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.