The Nvidia Defect Forum

Hi Paul/Annie

An update as promised.

Letter recieved form Hp's Solicitors accepting my terms and are now supplying

1. DV7- 3105EA Brand new with 12 months warranty (Lets hope I don't need to call upon this!)
2. Engineer report and court costs refunded
3. Collection of old unit at the cost of Hp with 28 days to collect.

I just need to find out how to stop the court action now!

All in all a good result as all I ever wanted was a laptop fit for purpose lkike most other consumers out there.

Thanks to Paul as the help provided by this site is invaluable and helped me to continue with pursuing Hp against their continued attempts to obstruct their obligations.

I will also try to help anybody else out there who needs it.

Thanks

Gary

Gary

Congratulations on your success.

To stop the court action it's just a case of sending a letter to the court quoting the case number and stating that you have agreed a settlement with the defendant.

I would wait until you've received the new laptop before sending it though!

_________________
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.

Hello Gary,

Well done on your success

I am really pleased that you finally will be the proud owner of a non-defective laptop.

Well done on your persistence and for seeing it through to the end.

Best wishes for the future.

Paul
The Admin Team

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Oh Gary!
Now I have had to recover from a light headed moment! That is great news! Are you going to accept the offer of the 3105? I have seen one and the specs are quite impressive - also they cannot have the same chip defect .....can they? I have come to the conclusion (very sadly) that as far as customer service is concerned all these companies are as bad as each other. Maybe it is best to choose the devil you know!

I am still waiting for their defense - hopefully they are now fast tracking all their Nvidia defect customers.

If you are accepting the 3105 I would be very interested in knowing how you feel
about it!
Annie

Hello Annie,



I have to say that I agree with you - with the exception of Staples, who until now have handled this problem very well. They have, in my opinion, been very fair with their customers and they could teach come of the other customer dis-service departments a thing or too.

But with that sole exception I agree with you wholeheartedly!



I wouldn't hold your breath Annie, if it is like any of the other defences filed by HP it will probably be drawn up by their office junior.

Their defence is so poor as to make it irrelevant.

You have nothing to fear from HP Annie.

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.

Annie's Catch-Up!

Today is the deadline for HP to submit their defense. As usual they have waited until the last moment, forced me into an incredibly intense morning of activities that might just jump start the economy - well sort of! (can I get them for this too Ciderboy?) and their defense is as follows: This is an accurate complete transcript and firm evidence of HP's level of literacy (or should that be lack of..)!

1. The Defendant is and was at all material times the manufacturer of computer, laptop computers and other computer peripherals.

2. The Claimant is an individual.

3. The Claimant is put to strict proof with regard to the alleged fault with the unit, its cause and when such a fault occurred.

4. The Defendant notes the claimant states she purchased his unit at the end of May 2007. Even if the Claimant can establish a fault/defect with this unit, the Defendant does not accept that the unit is/was not of satisfactory quality. The Defendant considers that it is not unreasonable to expect that the unit may require a repair after approximately 36 months of ownership and use. In such circumstances, the Defendant denies there has been a breach of the Sales of Goods Act 1979 (as amended).

5. The Defendant notes the Claimant does not raise any allegation of breach of the manufacturer's warranty (such warranty having expired in any event by the time of the alleged fault). The Defendant reserves the right to amend this pleading should the Claimant seek to amend the claim to incorporate an allegation in this regard.

6. The Defendant denies that it is liable to the Claimant for the sums claimed, or at all. Further and or in the alterative, if (which is denied) the Defendant is liable to the Claimant the Defendant denies the Claimant is entitled to a full refund as alleged as alleged or otherwise.

Statement of Truth blah blah.....

In the accompanying letter I have been asked to send a copy of the invoice showing the amount paid for the unit was £1635.88 - actually, as they would have known had they properly read the letter before action, and the letter with report documents I sent to HP, the price paid was £1299 plus VAT which made £1526.32! I got this price from HP stores via my one and only friend in HP , the lady called Evelyn in Marketing, who got it for me. HP could have looked back and verified this. My invoice etc is in storage - suppose I will have to go and find it. Even though I have sent them the packing note accompanying the computer (this has order number, part number,date, package ID, location) and the names of the store personnel I discussed the purchase with, they are too lazy to check.

I have had an alleged, alleged fit of uncontrollable giggles reading this defense and then I was almost, but not quite, overwhelmed with pity and quite ready to hold a pity party for them......I recovered quickly and got over this however! No way!
I am awaiting a response from Paul and Ciderboy as to what I do now please - get your hankies ready!

Annie

Funny, I was just reading another post where the main point of the defence reads exactly the same as that.

It looks to me like another company that can't afford to have solicitors do all of the work so get the work experience lad to do some copy & pasting

As I said in the other thread - your claim is fully covered by SoGA as the laptop was inherently defective when it was sold to you.

You just have to wait now until the court sends you the Allocation Questionaire.

_________________
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.

Hello Anne,

I must say, i do find your posts amusing

Regarding HP's defence, or rather lack of it, I have a few points to make.

In your report I made reference to the BIOS update that HP released for your model of laptop.

Specifically that section of the report stated:-



Now, with that in mind how can HP's solicitors then state:-



How can there not have been a breach of the Sales Of Goods Act when the goods were not free of a defect?

This is a specific point in the SOGA that goods must be "free from minor defect" - is yours?

So, with that in mind how can HP possibly claim to have not breached the SOGA?

But I do have to say that the BIOS update was released whilst your laptop was still in warranty. The update was released on the 25th February 2008 whilst your warranty didn't run out until May 2008.

HP had a clear obligation to contact you to ensure that:-

a) You updated your laptop with the BIOS update to try to keep the GPU cool
b) You were made fully aware of the reason for the update.

You should have had a choice to either return the laptop whilst still in warranty or just update.

HP didn't give you this choice nor did they contact you to inform you they wee aware of a problem in your model of laptop.

They then go on to state:-



This is because you action has got nothing whatsoever to do with breach of warranty. This has everything to do with breach of the SOGA.

Which is why the warranty status is irrelevant!

I note that they have made no mention in their defence of the fact that you have provided an engineers report which proves your case conclusively!

However they do say:-



Well, you have provided this proof. You also have a copy of the recorded delivery slip which proves HP have received it.

So that point can be struck out straight away.

They state at point 5 of their defence:-



Well, considering the fact that HP were well aware as early as 25th February of the potential for the premature failure of your laptop - so is it fair to say that by the time the fault occurred the warranty had expired?

If you did indeed update the BIOS then the extra bit of use you got could have been as a result of the fans being on all the time.

I wouldn't worry in the slightest Annie. You can win this with ease.

It's just a real pain having to go through all this for justice.

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.

The other post was mine.
Annie's response is exactly the same as mine, except for dates & length of ownership of course.

Have HP's Exceptions Team not been contacting you in parallel with their solicitors' responses Annie?
They only started talking to me after I filed the court case though.
I'm sorted now successfully via HP's Exceptions Team (Keenan), my new replacement laptop should arrive tomorrow.

Hi Northender,

I have had absolutely no communication with HP at all! The first response to any of my recorded delivery letters was one from Shoosmiths the solicitors after filing court proceedings (like 3 days after!)- one of their questions was what customer reference number was I given!

What is an Exceptions Team by the way? What did you discuss? I feel very left out! Although I have given them my email address no-one from HP has ever contacted me. Should I offer my telephone number to Keenan or would he think I was being very forward? I noticed in the defense that the solicitors had started to refer to me as a "him" again. Until recently they addressed me as Dear Sirs, then in the letter with their defense I became a Madam and then a bit further down in their defense I changed sex into a him!! I am getting confused

Paul/Ciderboy do you think I should find the invoice/bank statement and would it be a problem if I didn't? I am going to contact my only friend at HP (Evelyn) and ask her if she could somehow get someone to access records and get a duplicate receipt for me.

I was fantasizing in Croyden PC World this morning (about my new computer of course) and there was this very helpful HP guy running the HP dedicated section. I mentioned the Nvidia problem - he had only heard a rumour but suspected his sister's computer may be coming down with the same lurgy. I told him all about it, gave him the forum details and he asked if he could see what was in the reports as he would like to bring the subject up at the company meetings (like why haven't they acknowledged the problem, and behaved decently). - that and their lousy customer service which he said he had heard a lot about. Would you mind if I emailed him your report on my machine and the Supplementary Document? Also would doing so jeopardize my claim?

I will now await the Allocation Questionnaire.