The Nvidia Defect Forum

Hello Paul, Thanks for your prompt reply. I will today send an e-mail to the on-line Company and wait for their reply. I wont hold my breath as you obviously have had problems with them before. I will be intouch soon. Thanks for your help Regards Jenny

Hello, I have had to register now with my own details as the Company have now replied and I needed to talk to you but this was originally set-up with my sons details and his password, so I am hoping that we can continue under this new log-in. I have sent 2 mails to cclonline, the first 1 they replied that it was out of warranty and therefore referred me to the Hp out of warranty help line. My 2nd mail stated what you had said about the Sales Contract being with them and they now have come back today and said that I need to package up the Laptop with the original packaging, disks and power leads so that they can send a Courier to take away for testing and inspection. It doesnt say anything else. What do you think that I should do next? Regards Jenny Holmes (Aarons mum)

Hello Jenny and welcome to our forum.

No problems with you setting up a new account, it is probably better this way anyway.



I would contact them and ask them what they will do if they inspect it and find that it is the Nvidia defect.

If they say that the laptop will be repaired then I would tell them that this is unacceptable unless they can provide some evidence that the parts that will be used will be free from the defect.

I would tell them that your would want 2 things in order to even consider a repair.

1) A written guarantee on CCL headed paper that states the following verbatim:-

"The mainboard being used to repair your laptop is from a completely new batch and is 100% free from the Nvidia defect. If, at any point in the future, it transpires that the mainboard in indeed inherently defective due to the Nvidia GPU, then a refund or replacement laptop will be offered"

Will they give you such a guarantee? Probably not!

If they don't then one would assume that they have no confidence in the repair being offered so it would be perfectly reasonable of you to reject their offer of a repair.

DSG Retail, who own PC World, were recently slated by a judge for failing to offer such a guarantee.

2) The part number of the mainboard that will be used.

This will allow me to check whether it is a "new and redesigned" board that HP claim are being used in repairs.

I would also tell them that after six months of ownership the onus passes to you, the customer, to prove the inherent defectiveness of your laptop and this is known as the "reverse burden of proof". Therefore you would prefer to provide your own engineers report as is your right in law.

I would further tell them that in the absence of any of the above conditions the only solutions you would accept would be either a refund or a replacement laptop.

Try the above, see what they say and then pop back here and let me know and I will advise further.

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.

Hello again, another update, I sent CCl Computers another e-mail last Monday 23rd, I asked them what they would do to inspect it and did they feel that it was the Nvidia Defect. This is their reply which I have copied and pasted for you:

Hello,

As i understand it we are in discussion with HP on these laptops and i believe these are sent to them for testing so i am unable to advise what test will be carried out.

I am unable to advise what the problem is until HP have had a look at it.

Regards

Nowell Lister

CCL Customer Services

CCL Computers Ltd, Inmoor Road, Off Cross Lane,

Tong, West Yorkshire BD11 2PS



Web : www.cclonline.com



Cust. Services : 01274 471206

Tech. Support : 01274 471204

Sales : 01274 471201

Dealer : 01274 471202

Corporate : 01274 471203

Ticket History
===================
jennysue Morgan Holmes (Client) Posted On: 13 Aug 2010 3:03 PM


I notice their replies are always very short and sweet but obviously non-committal. What shall I do next?, I really appreciate your help in this matter as I am sure that I couldnt do this alone. Regards Jenny

Hello Jenny,



He states "As I understand it....." Didn't he bother asking anybody in a position of knowledge or is this just a guess? Otherwise he would have replied with a more informed response.



Again, he does not sound positive and it does not sound like they have a process in place for dealing with customers complaining about this defect. I could of course be wrong, but one would assume that they would be reacting more positively.

I would therefore not send your laptop to CCL.

I would now move on to the next stage which is to obtain an engineers report. For more information on this please take a look here:- need-an-independant-engineers-report-t62.html

Once you have the report I would send a copy along with a final letter before action to CCL. This gives them seven days to comply with their obligations under the Sale Of Goods Act.

If, after seven days they have failed to respond then I would pop on over to www.moneyclaim.gov.uk and file a small claims action against them.

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.

Hello Paul, Thanks for your comments. I agree that they seem very vague and laidback about the whole thing, of course they are, they didnt pay out the hard earned cash for the Laptop in the first place, really annoying! I need to ask you, do most people who arrange to have this report carried out by yourselves and pay the £65.00 actually get this fee back? Would it be on-top of the cost of the Laptop or included in the "Payout", if there is one? Do you have customers who dont get there money back? I am sorry to ask but I am unemployed and this is a large sum for me. Regards Jenny

Hello Jenny,



Don't worry Jenny, whether they like it or not they will have to comply with their obligations in the end so they can be blasé all they like. If your laptop is indeed inherently defective then their position is indefensible.



Well, most customers do get the £65 back. This fee is a consequential loss and you are fully entitled to receive it back on top of any refund you may receive.

I have not had that many dealings with CCL so I cannot state definitively whether or not they will refund this amount but I do know that HP, Sony, DSG Retail, Comet etc have all refunded the £65 fee.

Sorry that I cannot give you a more precise answer Jenny.

If you have any further questions then 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.

Ok Paul, Thanks for the quick reply. Will be intouch tomorrow I hope. Regards Jenny

Please read through the numerous post on this site and you will see many people who .... rightly so ..... start out on this path with much trepidation.

When money is tight you do need to watch what you spend ..... !!!

If you follow the advice given hear then you will succeed !

The retailers appear IMHO to look for members of the public who look like they might waiver........

Be strong and good luck

Ralph

Hello Paul, Ive decided to send the Laptop to yourselves and will complete the on-line form as soon as I have packaged it up. I dont have the original packaging but I do have some packaging for another Laptop, so I assume that this will be ok. Will I need to inform CCL that I will not be forwarding the Laptop to them and if so, what shall I say? Also lastly, Thanks Ralph for your words of encouragement. Regards Jenny