The Nvidia Defect Forum

Hear hear!

Update!
17/10/09
Just received comets defence, part 6 of the court order stated that documents were to be delivered to all parties no later than 14 days before the hearing, letter postmarked yesterday 16th.
Still arguing that it was sold to my wife at a different address.
A list from hp confirming that my laptop was included in the warranty recall, strange thing is they have highlighted on the list as my model being GG550EA.

Hello Hairy,

Is that the same defence as what you have shown on page 1 of your thread?

If so, surely the contract with your wife was voided when you returned the laptop and paid the difference for a better specification laptop?

As for the inclusion of your laptop on HP's list, they cannot even get the model number right.

I think that your court case will be a walk-over and just a matter of formality.

Only 4 more days to go - bet you cant wait!

Best wishes

Paul
The Admin Team

yes paul, it is pretty much.
was just wondering if they have defaulted on the courts directions as i only received their full defence today, not fourteen days before as instructed.
god knows where they got the number they highlighted on the list ?
Its no wonder they usually settle out of court, id be scared to put up a defence like they have, full of mistakes maybe they are using me as a test case to see how they get on, i cant wait.

Below are scanned copies of their defence.

Hello Hairy,

Ok, the 2nd page of their defence, the transaction page, clearly shows a £799 refund and then a purchase
for £929.99.

As far as the transaction document is concerned both the transactions appear to be in your wife's name.

Did you say originally that you paid the difference on credit card?

If so, how did your wife originally pay?

Did they refund your wife first then take the money from you or did you just pay the difference?

I think this is tricky as the contract is made with the person who originally purchased the laptop. This "contract" is not usually transferable unless the original contract can be proved to have been cancelled and replaced by a new contract.

Do you think they have looked at your model and description, which is a DV9340EA TS500 and think that the TS500 is the same as a GG550? I really cannot see how they could make that mistake.

As a matter of interest what is the product number of your laptop? (I don't have that info here at the moment)

Is there any chance you can get your wife to be present with you on court day?

Just in case Comet start to try and wriggle you could say that your wife is present but to scared to have done it herself hence the reason that you are there.

Best wishes

Paul
The Admin Team

hello, this is how the purchase took place.
wifey purchased the laptop for me on her switch card, as a gift while i was at work, little did she know was that i had already been to comet on my way home from work looking at a different laptop.
when i got home ,i thought balls i dont want that one and like an ungreatful sod scurried off to comet and said, someone just purchased this for me but i want the higher spec one. I chose the dv9340ea number GH836EA and paid the outstanding balance on my mastercard, so they must have a paper trail with my name on the transaction somewhere.
Surely the contract is with me as she purchased a different machine altogether.
Im sure the judge will do the right thing, the bottom line is that the machine is inherantly faulty as hp and nvidia have admitted to, and that must be more relevant than who's name actually appeared on the original receipt.
As for how they highlighted a number on hp's list that has absolutely nothing to do with mine is beyond me,
My guess is they just highlighted anything on the hp list in the hopes of it getting struck out on the "no contract" issue in the first instance.
I cant find my number on these lists anywhere, or the number they have highlighted ?
http://h10025.www1.hp.com/ewfrf/wc/document?lc=en&dlc=en&cc=uk&docname=c01300427#c01300427_dv92
http://h10025.www1.hp.com/ewfrf/wc/document?lc=en&dlc=en&cc=us&docname=c01300427#c01300427_dv90

Hello Hairy,

Yes, I would say the contract is with you as you did indeed purchase a seperate laptop.

Do you have the Mastercard statement showing the payment? that would help you as well.

Not long to go now though, I bet you can't wait

Best wishes

Paul
The Admin Team

case settled ! Archive this thread, hope it gives hope to all affected

And here is the cheque - thank you very much comet.

I wish to congratulate you on winning your case as well as claiming the full amount back.

Much has happened since my laptop failed me, I wish to firstly update members:
- After having been denied a free repair on the limited extended warranty HP had decided to change their mind and offer me the service (this involved them calling me one week after the dispute) and they collected my laptop.
- Two days after the laptop was collected I was called by HP and told that the laptop cannot be repaired due to a screw missing from the board therefore rendering the extended warranty invalid. The laptop was delivered back on the same week, how disgraceful.
- I paid for a one year subscription (receipt kept) with a repair company associated with the university and they have diagnosed the laptop with the defective video chip. During the time I've been in the store two other HP DV laptop models arrived in with the same problem and the associated symptoms.

Out of desparacy and even knowing that the problem were to reoccur I seeked a repair for the laptop and all attempts have failed as written above so now I'm going legal against comet. The employees at the repair company are willing to produce a technical report of the laptop and its fault which I will be using as evidence against comet, not to mention evidence from several online sources.

I just wish to confirm that the following details are correct on the online application:
"Type of Defendent - Organisation
Full name of organisation including correct suffix - Comet Group PLC
Address - Comet House, Three Rivers Court, Rickmansworth, Hertfordshire, WD3 1FX"

And finally I'd like people to provide feedback on the 'Particulars of claim' before I send it off:
"On the last weekend of August 2009 my laptop (a HP DV9288ea) developed a hardware fault which had rendered it unusable and according to a variety of sources the fault, known as ‘The NVIDIA defect’, appears to be a common issue affecting a number of HP laptop models. The video chip is inherently defective and I was unaware of this condition during the purchase of the laptop.

As evidence the fault has diagnosed and noted in an engineer’s report produced by a certified laptop repair company.

Being a first year student at university without a laptop is significantly affecting my studies since it prevents me from studying remotely from the university. The component can only be repaired by a temporary fix which is unacceptable and would furthermore affect my studies at university if the fault were to reoccur.

As the claimant I demand compensation through a full refund on the sum of the amount paid for the laptop, the additional cost of the engineer’s report (£60) and the handling fee of the small claim."

Hello and thank you for your post.

Ok, to answer your questions.



Those details are all correct.






If you dont mind me saying I would suggest the following:-

============================================================================================

I purchased my laptop, a HP DV9288ea on <insert date> at a cost of <insert cost> from the defendants.

In August of 2009 my laptop developed a hardware fault which had rendered it completely unusable.

After doing some research I discovered that the fault, known as ‘The NVIDIA defect’, was a worldwide problem affecting huge numbers of HP laptop models. This defect relates to the Nvidia GPU (Graphics Processing Unit) and was caused by mistakes made during the manufacturing process.

This problem is not specific to one model of HP's laptop's either. It transpires that a wide range of models are affected. Nor is this specific to one manufacturer; Sony, Dell, HP and Acer have all reported serious problems with the Nvidia GPU in their product lines.

The Nvidia GPU chip in my laptop is inherently defective and I was unaware of this when I purchased the laptop. As soon as I discovered this defect I notified the retailer immediately.

This inherent defect is also documented in an independent engineers report that I have obtained from a certified laptop repair company. This report verifies that my laptop is indeed inherently defective and therefore breaches the Sale Of Goods Act.

I am a student in my first year at university and so being without a laptop is significantly impacting my studies since it prevents me from studying remotely from the university.

I need a laptop that is durable, reliable and fit for the purpose and therefore have no option but to demand a full refund of the purchase price of the laptop. In addition to this I also claim the cost of the engineer’s report (£60) and the handling fee of the small claim.
============================================================================================


I hope you don't mind me suggesting this alteration.

You will just need to add the date you purchased the laptop and the cost at the beginning.

If you have any questions or queries then please do not hesitate to ask.

Best wishes

Paul
The Admin Team