The Nvidia Defect Forum

Hi

I bought a HP Pavillion DV900 in Jan 2008 from Dixons with my credit card. A few weeks ago my right hand hinge broke and about a week later the screen went. It has lines across part of the screen, I plugged an external monitor and the same happened. I sent it into repair with a local repairer and he said it had overheated and damaged the motherboard, he confirmed that there was no output even using another screen, he said it was a common problem.

Would this be covered for a claim? Obviously it is out of guarantee. Where do I start? Do I ask for an engineers report from the above guy? Do I contact Dixon or my credit ard company or HP themselves? What should my first step be?

Any help greatfully received
Thanks
Karen

Hello Karen and welcome to our forum.

Sorry to hear of the problems you are experiencing with your laptop.

Your laptop actually has two inherent defects. Once is the right hand hinge and the other is the Nvidia defect.

The hinge defect is well known and well documented on the internet - simply Google HP hinge defect and you can read all about it.

It is good news that you paid by credit card as this means that the card company are as liable as the retailer for the inherent defectiveness of your laptop.

You can claim a Section 75 refund from the retailer on the basis that the goods are inherently defective and were doomed to fail prematurely from the day you purchased it.

First though you need to pursue the retailer.

The warranty status is totally irrelevant as you have six years to take action against a retailer when the goods in question are inherently defective.

You should contact Dixons and tell them that you believe your laptop is inherently defective due to the Nvidia graphics chip.

They may tell you that you are out of warranty. You should tell them that the warranty status is irrelevant as you have six years to take action when the goods in question are inherently defectibe.

They may then tell you to contact HP. You should tell them that your contract is with them, Dixons, and not HP and so it is for them, Dixons, to resolve the situation.

They may then tell you to take your laptop into a store for an "inspection". You should refuse this and should tell that that the "reverse burden of proof" means that the onus is on you, the customer, to prove that your laptop is inherently defective and that you want to provide your own independent engineers report.

I would than ask them for the address to where you can send a copy of the report once you are in receipt of it.

You can either get a report from the person who looked at your laptop originally or we can provide you with one. Our customers have had great success when they presented either the retailer or the courts with one of our reports.

If you look at my signature in the foot of this email you will see a link to a step by step guide. If you click on that you will see all the advice necessary for securing a positive resolution.

If you have any questions or if you need any advice then please let me know.

Please keep us updated on your progress.

Good luck and best wishes

Paul
The Admin Team

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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?
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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.

Thanks Lapcure

I will contact Dixons tomorrow but I have since looked on the internet and found that HP have extended the warranty to two years after the initial one this means mine may come under warranty. It looks like they want to call them back for repair. Should I do this or should I refuse and ask for a refund as I have read on your site that they are repairing them with their own faulty goods. Do I have the right to refuse repair and have a refund instead?

Thanks
Karen

I spoke to Dixons and they first told me to contact HP directly for repair. I refused to do this as I said my contract was with them. They then told me to phone 08445611234 DSG Tech \guys which I did. They took all my details and informed me the information would be passed to head office and they should contact me in 3-4 working days. I have not yet been asked for an inspection report.

So when they call back I presume I am to refuse a repair and request a refund under Section 75 of the sale of goods act, is this correct?

Shall keep you informed

Hello Karen,



Not quite. When they call back they will probably tell you to take your laptop to the Tech Guys. You should refuse this on the grounds that the reverse burden of proof means that it is up to you, the customer, to prove that your laptop is inherently defective and it is not for Dixons to prove this on your behalf. You should further tell them that you will provide your own engineers report and will forward them a copy.

The Section 75 claim relates to the credit card company. If you find that you are getting nowhere with Dixons then you should contact the credit card company and explain that your laptop is inherently defective and that you would like to make a claim for a Section 75 refund.

The card company have a legal duty to help and cannot refuse.

If you have any questions or if you need any advice then please let me know.

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.

Ok I started by contacting Dixon on 0844 561 1111

They tried telling me there was nothing I could do as I was out of warranty and that my computer had no known defects. I informed them of the Nvidia and hinge defect but they still tried telling me I was not covered. They told me to contact HP, I refused and said my contract was with them. I then told them I was aware that they had recently gone to court and lost, still to no avail. So then I hit them with the sale of goods act section 75, wow that worked. They told me to contact DSG Tech guys on 0844 561 1234 and choose option 5.

I did this and they took my details and said they would pass the information onto head office who wil;l contact me in 3-4 working days. Low and behold I was contacted within that time. I was told to either get an independant engineers report for which they would pay for or to take it to my local PC world for them to confirm the fault. They said PCworld would look there and then in front of me and not take it off me.

So I decided to try this first for speed. When I arrives and told them the problem they looked on their computers, they then came back to me and told me it was not covered under HP's extended contract as mine was a DV9562EA and it only went up to DV9500. I declined this excuse and went on to mention the court case and Section 75 of the sale of goods act. Boy this is a powerful word! He went of and spoke to another guy. I told him that DSG wanted them to confirm it had a graphics fault and then he was to call them. He looked at the computer and confirmed my two faults and rang DSG there and then. He then informed me that DSG will be phoning me in the next few days with an offer of settlement in vouchers.

I will keep you posted of what the offer is when I hear. I paid £560 in Jan 2008.

Thanks peeps for your help so for highlighting this problem

Great news - are DSG finally starting to take this issue seriously?

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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.

I today recieved a call offering me £300 for a 30 month old DV9562 costing £560 new. They would not budge and go any higher no matter what I said. So I accepted and am recieving the money through BACS within a week.

So from my first call to them on 26/7/2010 and today thats sorted in 10 days!
They have definately got the message thanks to everyone who runs this site and those that had to take the time and trouble to take them to court. A HUGE THANK YOU TO ALL OF YOU. XXX

Congratulations on your success

I think that's got to be one of the quickest resolutions from DSG ever!

_________________
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.