The Nvidia Defect Forum

Do you know at what point I inform the courts I will be having a Lay representative?
Shall I mention this on the AQ?

Cheers

It's probably as good a time as any - mention it in the covering letter as well (or give the court a ring) - court staff don't normally look at the AQ's, they just send them to the DJ so it could easily be missed if it's only mentioned on the AQ.

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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.

Cheers ciderboy

Hey guys

My hearing is scheduled for the end of October. Comet has recently sent me the following email


I write with regard the above claim.

This matter has been discussed with Sony in order to clarify the situation over the Nvidia chip and they are adamant thet your model and serial number dooes not contain the chip you refer to in your claim.

However, having considered the circumstances and taking into account al aspects, including the approximate years that you have had good use of the laptop (taking into account section 43C3 of the Sale Of Goods Act 1979, as amended) we would like to make an offer in effort to resolve the situation. Therefore, as a gesture of goodwill and in full and final settlement of the claim I am pleased to confirm that we are prepared to provide you with a cheque to the value of £556.99. This is made up of the following:

• 3/5th of the purchase price of the laptop- £431.99
• Court fees - £60 ( Any hearing fees you may have paid have not been included as you should be able to request these to be refunded by the court)
• The inspection fee paid to the independent engineer £65

Should you wish to accept this offer please call me on 01482 592442 and I will make the necessary arrangements for a cheque to be forwarded to you. However, should you decide against this offer and choose to go to a hearing and be successful, we would contest all the costs from the date of this letter should the court award a similar figure to the one above.



Do you guys think I should accept this? I originally paid £720 for the laptop and it failed 20months after purchase. Do they have to pay the 8% interest?

Also does anyone know what section 43C3 of the Sale Of Goods Act 1979 relates to?

It weird, they start the email by saying that according to Sony my laptop does not contain the chip but in the heading of their email the wrote "Nvida defect confirmed".

Many thanks

Hello Ravi,



What a load of baloney!

So, Sony are adamant are they? Well, lets see how confident they are when they see this:- http://tinyurl.com/qaonuz

This is the Sony support page where they list the defective models of which your is included.

Why can't these guys just hold their hands up and admit to the problems rather than to use these kind of tactics?

Their offer of £431 is about £30 short of what I calculate that you should get if you were to proceed to court and receive a refund based on usage.

I would accept their offer as it appears to be reasonable. Regarding your question on the 8% interest, this is not payable unless you go to court.

I hope this helps.

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.

I love it - Comet can't even get their legal quotes correct

The reference to the SoGA Section 43C(3) should actually be Section 48C(3) which reads:



Their is no Section 43C - Section 43 is all about termination of lien:


What's the betting they correct it in their next offer letter after reading this post - maybe I should bill them for my time

_________________
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.

Lol, you'd think that after all the claims they've dealt with, the people at comet would be able to recite the SOGA in their sleep.