The Nvidia Defect Forum

Thought I'd start my own thread to keep things separate.

I sent a letter before action two weeks ago to HP and (surprise surprise) have heard nothing.

I now need to get an engineer's report. What would people recommend using to package the laptop?

Hello Danieljt,

No surprises that you didn't receive a reply from HP, most of this forums members have not received a reply. Either this is a cunning tactic by HP or they are drowning under a sea of letters before action.

You will need a sturdy box to place the laptop in and then some packaging. If you have no bubble wrap or similar then scrunched up newspaper or similar will suffice.

It is important to ensure that the laptop is well protected to avoid any damage during transit to ourselves.

Please let me know if you have any questions or if you need any advice.

Good luck and best wishes

Paul
The Admin Team

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Thanks Paul, I'll try and get it sent off next week.

I ordered a Mac yesterday to replace my HP

Dan

Hi Paul,

Thanks again for sorting the engineer's report etc.

Just to let you know I sent HP the report along with the second letter before action and the invoice on 14 September and have heard nothing.

I was reading through the forums and noticed your comment about credit card companies. The laptop was purchased on a credit card (my dad's) so do you think it would be worth chasing them as the next step or setting up a claim with the small claims court?

Thanks in advance for your help.

Hello Daniel,



Whilst the fact that you have paid by credit card is great news it has thrown up a slight problem.

If the laptop was purchased on your dad's credit card then that would mean that your dad purchased it so the claim will have to be undertaken by your dad. He can start the claim and then authorise them to deal with you.

Is there a name on the receipt?

I would certainly now contact the credit card company irrespective of your answer to the above. I would tell them that your laptop is inherently defective and that you have an engineers report that confirms this.

They have a duty to help you and cannot fob you off. If they do try to fob you off I would tell them that you intend to sue HP through the small claims court and will name them as the 2nd defendants.

They will not want to go to court to defend what is the indefensible so you will receive a speedier resolution.

Please let me know if you want the reports re-printing in your dads name.

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.

Sorry for the huge delay in replying but thanks for all that.

It took a bit of time but my dad got the claims form from the credit card company and he's sent it off with the engineer's report as supporting documentation. He'll also authorise them to deal with me. It's now a case of waiting to see how they respond.

Out of interest have you had any HP tx2500 laptops in that have the defect? One of my friends has got problems with hers and from what she said, it sounds like it may have the defect.

Thanks,

Dan

Just to let you know that the credit card company responded asking for HP's address and they have now written to HP. I'll keep you posted.

Hello Daniel,



Well, judging by other customers experiences of writing to HP they probably will not receive a response.

In which case they will have to settle anyway.

Fingers crossed for you.

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.

Hi Paul,

I got a reply from the credit card company saying this:


I guess it's not surprising that they didn't get a reply.

What do you suggest now?

Many thanks,

Dan

Hello Dan,

I would contact the credit card company back and would tell them that you do not accept their response.

I would tell them that the Consumer Credit Act states that the credit card provider is jointly and severally liable in cases where there has been a breach of contract. In your case the breach of contract is a breach of the Sale Of Goods Act due to the inherently defective laptop.

The credit card company have admitted that they too have failed to communicate with HP so what chances do they think you have?

The credit card company HAVE to help resolve the problem with the retailer and in the absence of such a resolution then under the Consumer Credit Act they have to refund the money.

I would suggest that you give Consumer Direct a call on 08454 04 05 06 to receive formal clarification of the information I have given you.

If you prefer not to call a 0845 number then please find below a list of the local numbers.



If the card company continue to refuse to comply with their obligations then I would tell them that you will be filing a Small Claims Action citing them as the 2nd defendants.

Don't let the card company try to fob you off back to the manufacturer. Stick to your guns and tell them that they are in the wrong legally.

I hope the above helps.

Any questions 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.