The Nvidia Defect Forum

Hello Steve,

As Ciderboy correctly states, the case will be moved to a court near to you shortly.

Regarding their defence, or lack of it, you have absolutely nothing to worry about.

It beggars belief that a company such as Tesco, who announced £3.4 BILLION pounds of profit in 2010, should employ the services of Weightmans to help defend themselves against an action brought because they sold you laptop that was doomed to fail prematurely. Why couldn't they just put their hands up and admit that they were in the wrong and remedy the situation?

I have to say though that you probably will not get a 100% refund because as they pointed out in their defence, this could amount to betterment.

In part 3 of their defence they state that the laptop "developed a fault on or around 12 March 2010"

What utter rubbish! The fault didn't "develop" on the 12th March - they sold you the laptop with the fault; It simply took until the 12th March for the defect to manifest itself.

In point 4 of their defence they again state that it took 21 months for the fault to develop. Again, it may have took 21 months for the fault to manifest itself but I again state that the "fault", or defect as it should be known, was present at the time of sale.

Point 6 of their defence is also wrong because as you state, they have not sent you a cheque. Besides, surely you have to agree to a refund before a cheque can be sent. Have Tesco any proof that you agreed to such a refund? Probably not!

In point 7 of their defence they state that you have "failed to take into account that the laptop will depreciate quicker in the early years of its lifespan."

Well, it depreciates even quicker when it is inherently defective. Ciderboy was quite right when he pointed out that Tesco claim that the laptop loses 2/3's of its value in the first 18 months - what utter rubbish.

By my calculations your refund, if based on usage, should be in the region of £390. This is based on a 5 years expected lifespan of the laptop and the 21 months usage that you had.

So, based on that, even if you were to not get a full refund you would still get a lot more than they offered you.

In point 8 of their defence they have actually admitted that your laptop is inherently defective by stating that HP are happy to provide a free repair for your inherently defective laptop. Why would you want to accept a repair anyway when there can be no guarantees that the parts that will be used to repair your laptop will not be as inherently defective as the parts they are replacing.

DSG Retail were recently slated by a judge for "Acting recklessly when offering a repair". In another case DSG Retail were again slated by a judge who stated that DSG Retail had "Acted unreasonably". He also stated that they had "failed to provide evidence that the repair would be of a satisfactory standard"

He was quite right - there is no evidence that the replacement parts will not also be inherently defective and in the absence of such proof you were right to not accept a repair.

Point 9 of their defence is a joke! How on earth can their offer of £240 be construed as "fair to both parties" To me this offer seems to be only fair to Tesco and extremely unfair to you. They really mean it when they say every "little" helps!

Is it me or does point 10 of their "defence" look like they are desperate? Do they think that the judge did not notice that comment numerous times in their defence?

Whilst you may not get a 100% refund you will still get more than what they have currently offered. Plus it will cost them more by way of court costs and solicitors costs etc.

It will certainly be a lot more than the insulting £240 that they offered.

Point 11 of their defence made me laugh. How very magnanimous of them to point that out. As if the judge needs their permission on the level of interest to award. Had Tesco met with their legal responsibility from the onset then there would have been no small claims action and hence no interest.

I hope the above helps.

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?
=======================================================

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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.

Hey thank you ciderboy very much appreciated.

Steve

Paul I thank you so much and all your comments are very much appreciated. I wouldnt want to meet you in court he he.

Regards Steve

Hi Paul & Ciderboy,received the AQ, what would you suggest I write in the other information box with the exception of the £240.00 the defence claims I have received?

Best Regards
Steve

Hello Steve,

I would put something like:-



What do you think?

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.

Thank you Paul once again. The gloves are off.He! He!

Regards
Steve

Hi Paul & Ciderboy,
Received Tesco Allocation Questionnaire the other day. In the Experts box they have wrote,(The defect to the product or absence of alleged defect.)Also they will be using an experts report and they also say they will be using one witness other than themselves,in the information box they wrote (The Defendants have offered a remedy to the Claiment in accordance with the Sale of Goods Act 1979.
Well Well we are in for some fun.
Again any help from yourselves will be very much appreciated.

Steve

Hello Steve,



What on earth do they mean by that? There is no absence of a defect in your laptop! Your laptop failed with the black screen of death. I performed a rework test on the Nvidia GPU and your laptop worked again. Proof, if it were needed, that the GPU is defective.



Have Tesco's inspected your laptop to try and refute the findings of the report? If so have they provided you with a copy?

If Tesco wish to produce an engineers report then they have to make a copy available to you prior to the court date. If they don't then they cannot use it.

I cannot understand why they would want to try and offer a report as a defence in court when they have in effect admitted to the defect in your laptop by offering you a partial refund in the first place ( a point they kindly documented on the AQ).

Furthermore, I have more evidence of the defect in your model of laptop.

Your serial number is CNF8171R79 If you take a look at the following serial numbers do you notice anything?

CNF8171R1S
CNF8171Q06
CNF8171QY5

These numbers are virtually sequential which would tell me that whole production runs were affected.

The serial numbers all belong to models of laptop the same as yours.

If necessary I could contact those customers to see if they mind that their case information is referred to in your case as evidence.

Please let me know if they inspected your laptop and please also let me know once you get a copy of their report - I do look forward to that!

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.

Paul I thank you for your quick response once again.Tesco have never inspected my Laptop or never asked too.

Thanks Paul.

Would it be advisable for me to post the AQ on here?

Regards
Steve

Hello Steve,



Well in that case their "report" is worthless and cannot form part of their defence.

Whilst it would be interesting to read it I am sure that the judge will see it for what it is.

They have no defence and their position is indefensible so it will be interesting to see what nonsense they have planned.



Yes, that would be great - and it will help others in the same position as you against Tesco's.

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