The Nvidia Defect Forum

Hi Paul

Just an update, I have arrived back to a letter from DSG saying that they believe their offer to be fair, but they will offer me another, wait for it £15. I can hardly believe their generosity!

Needless to say £15 extra has not in anyway swayed me into excepting their out of court settlement of £300 which includes court fees and the report. So it is a definite that I will see them in court on Monday.

Thanks
Sally

Sally

Good luck for Monday

Just a little tip for Monday.
If the judge asks if you have any expenses for attending on the day, you can claim for travel, parking and also loss of earnings for your day in court, but the latter is claimable only if you take a day off without pay.
I told the judge I had taken a day's holiday and as such, would not refund that part of my expenses.
Good luck.

Hello Sally,

Well, you are nearly there now, only one last hurdle to jump.

I cannot believe they only offered an extra £15. Do you think the person on the phone forgot to put their glasses on and it should be an extra £150?

I am so looking forward to your success story Sally because you have battled hard for this. Whilst some customers seem to have had a reasonably easy battle I think that DSG have really dragged you over the coals.

Which will make your win that much better!

Remember Sally, the harder the battle the sweeter the victory.

Good luck for Monday and I am sure that everyone here is rooting for you.

Best wishes

Paul
The Admin Team

Thanks for all of the good luck wishes!

I do agree Paul they have clearly forgot to put on their glasses They said my laptop should of only lasted 4 years due to its mobile nature so £150 is a fair offer......Oh well its now up to the court to decide if that is fair.

Thanks for the tip bandit12 I was not aware of claiming for loss of earnings as I am having the day off unpaid.

I will update as soon as I can tomorrow, but I do agree I seem to have a tougher time than most with DSG. The best outcome for me tomorrow would be for them not to turn up and make the final hurdle even easier

Thanks
Sally

Hi Everyone

I have in fact won!!! I got £300 for damages and £200 for costs. in total £500 not bad for a 3 year old laptop that was £629 to start and I also get to keep the laptop, the judge ordered this as the representative said "we will want the laptop back" to which he replied No! "she has been awarded damages not a refund, the laptop is her"
so that shall go onto ebay for spares also. When the Judge awarded me £300 the representative argued I was not entiteled to £300 as a partial refund would not equal this neither would a repair but they judge disagreed. He also stated, which I loved that DSG had acted recklessley with offering a repair with unresonable strings attached! and I was resonable to reject it.

I have to say also on the way out I heard the representative saying to someone that they needed to get on "the forum" she's been awarded half. They are indeed watching this and what we are all saying. so "Hi DSG, sorry you lost!"

Thanks for all your help Paul, Ciderboy also I would never of got this far without your help as they put up so many hurdles and make you think presuing it is pointless, but it really isn't I and many others have proved this!

Thanks a million
Sally

Hello Sally,

Well done on your success



That serves them right and I am glad that the judge agreed that DSG have acted recklessly.

They have also acted thoroughly unprofessionally.

How many times did they state that the repair would be free from the defect? How could they possibly state this?

I am so glad you won and even more pleased that they were begging the judge to see their side of the story.

I am glad the judge decided not to.

This has been a long, long road for you and finally you whooped DSG - as I said previously, the harder the battle the sweeter the victory.

Well done again Sally, glad we could have helped and all the very best for the future.

Best wishes

Paul
The Admin Team

Brilliant news

Another large retailer learns (hopefully) that they can't win in court

Did the judge give any indication of a timescale for payment? If not then it's normally within 28 days - if they don't pay up in that time you can send the bailiffs in

Mind you, now that I've said that they'll probably read it & pay up in time so you can't - hi DSG, it's time to get the cheque book out

Hello Sally,

I was just reading over your thread and noticed right at the beginning you said:-



Did you decide not to claim for this?

I just wondered as it would be good for other customers who have paid for this to be able to claim it back.

Best wishes

Paul
The Admin Team

Hi Paul and Ciderboy

I love the heading on my success story!! I think the Judges reckless commet was spot on though!

The Judge said payment was within 14 days and he also said if they didn't pay I get the opportunity to send in the bailiffs which is brilliant!

I never said about the extended warranty I completly forgot on the day to be honest. I'd say just to try it they can only say no.

I would also like to mention that the Judge was unaware of the sales of goods act which states that you have 6 years to make a claim if there is an inherent fault. I forgot to take the print out of the sales of goods act never the less the Judge did look it up but was a bit confused on the issue. So I would recommend people take this with them, as I have learned Judges do not know all of the Law off the top of their heads. Neither did the DGI's representative, either that or he played ignorant which isn't anything new from them in my opinion of course.

Thanks again guys! That money will come in handy for my house move in a couple of weeks.