The Nvidia Defect Forum

Hello Paul

Ive got the laptop back and your report - Thank you.

To update the forum, I've had a letter from Comet today.

They tell me that the laptop was repaired free of charge last year (correct!) and they can't find any other record of a service history or valid warranty.

They want it inspected again "by a qualified technician to verify any problems prior to escalating the matter" and that once inspected, they'd be in a position on how they may assist in resolving the issue.

They also said that if I go to a "third party" for a report, they can't be held liable for the cost but this time they would inspect it free of charge.

I already gave them the dates AND their own reference numbers for the 2 repairs they've already done! They also had the chance to refund me (bearing in mind I asked them for a replacement in August 2009 because I considered it defective).

I'm about to send them a copy of your report and ask for my cash back, including the cost of your report and the previous "inspection fees".

As said elsewhere in this forum, they will know that it is up to me to prove it's defective and that it's in their interest to fob me off. How "independent" do you think their engineers report would be???

God, they're p*ssing me off but, thanks to the advice on this forum, I'm not giving in. (Rant over!)

I'll let you know how I get on.

Kenny

Hello Kenny,

I can appreciate how frustrating this must be for you, but don't worry, you will soon have a positive resolution.

They cannot tell you that you cannot go to a third party. They must know of that the reverse burden of proof means that it is up to you, the customer, to prove to them that your laptop is inherently defective.

It is not for them to do this on your behalf!

I would send them a copy of the report along with the final letter before action. Give them a call after eight business days to see if they are prepared to offer a resolution. I would tell them that once you put the phone down you will be filing your claim online and this will incur more costs for them.

If they agree to a resolution then great. If not then pop on over to www.moneyclaim.gov.uk and file a small claims action against them.

The fact that your laptop is inherently defective means that you really cannot lose.

Good luck and best wishes

Paul
The Admin Team

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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.

Hi Paul/everyone

Well,

I've just received an e-mail from Comet.

It runs as follows:

"After reviewing our file on this matter, because of the problems that you have experienced, as a good will gesture we are able to exchange the Acer laptop for you. Unfortunately, as previously advised, we are unable to agree to your request for the third party inspection fees that you incurred.

Therefore, may I respectfully request that you return the laptop to the ******** store along with all the accessories, i.e. battery, charger and leads etc. Please also take the original receipt with you and ask to speak to the store manager ***** ****** as she is aware of the issue.

Please accept my apologies for any inconvenience the matter may have caused but trust the action we have taken meets with your approval."

They also included in the header to the mail - "repaired FOC twice in 2009" and referred to me asking it to be replaced and re-imbursement of £60 inspection fees.

So.....

They don't want to pay me the inspection fee for your report.

They don't specifically state that they'll re-pay me £60.

They don't specifically say I'll get a replacement to the same value as the one I bought.

It should be noted that last year, yes, I asked for a replacement. This time around, however, I asked for my money back AND the £60 fees and the cost of your report.

Of course, I'd want the data already on the laptop back!

I'd be grateful for any advice.

Thank you so much for your previous help and advice on this.

Regards

Kenny

Hello Kenny,

Well, their response it totally unacceptable.



Exchange it for what? A toaster? A microwave? Pardon my sarcasm but they need to be a little more explicit before you waste your time trailing down to their store.

You should tell them that a replacement laptop is of no use as you had to purchase a replacement already due to the unreliability of the Acer and that now only a refund will suffice.

You should also tell them that you will be suing for the consequential losses you have suffered such as the £65 for the report and the £60 you paid previously.

You should further tell them that you are well aware of the number of successes that have been achieved in the small claims courts against Comet and that you are more than confident of a successful resolution and so with this in mind it is better for them to settle now rather than later and have the court costs to pay as well.

Don't let them fob you off, stay strong, stand firm and be persistent and you will reach a positive resolution.

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.

A quick update.

I e-mailed Comet back and pointed out that they had not met my request and that their "goodwill" would be best served by giving me my money back. I also gave them 7 days to reply or I'd be heading for the small claims court. So, they have until Monday 23rd August to reply.

I'm not holding my breath.

As an aside, Paul, you may remember that I indicated that I had bought the laptop with a credit card and you said that the credit card company would be held jointly liable. What would you advise regarding this?

As usual, many thanks.

Kenny

Hello Kenny,



Well, if Comet are playing hardball it is now time to involve the credit card company.

There is a template letter available that you should send the card company and that is here:-
Letter_to_CC-2.pdf

You should download that, edit it with your details and send it to the card company via recorded delivery.

The card company cannot refuse to help as they are obligated towards you. Some card companies have refused on the basis that the laptop is out of warranty. The warranty status is irrelevant as you will be making a claim under the Sale Of Goods Act and not a claim under the warranty.

If they still refuse to help then if and when you file a small claims action against Comet you should name the card company as the 2nd defendants on the court papers.

Believe me, the card company is not going to want to go to court to defend what is the indefensible.

I hope this helps.

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.

Hello Paul/everyone

An update.

Comet have given me £30 back and offered me a replacement up to the value of the purchase price.

I've accepted that offer. So, I'm now waiting on the delivery of a Sony Vaio and I have a gift card for the balance between that and the purchase price.

Not exactly what I was after, but, on balance, acceptable. I now have a new laptop with a better spec than the one I had. I would say that's a result.

Thank you Paul for your advice and the time you put into this forum.

Good luck to those who are still fighting - as Paul has said, keep going and you will get a result.

I'll continue to watch with interest.

Regards

Kenny

Hello Kenny

Well done on your success

I am glad that you are happy with the result and I hope that you have years of trouble free use.

Best wishes for the future

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.