The Nvidia Defect Forum

Still awaiting a court date; are Hitchin the slowest CC in the country?

That is ridiculous

Have you tried phoning them again?

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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.

any further movement on this.?

Yesterday, finally I got a letter from the Court. It said the Judge had ordered this was a case suitable for mediation,. I actually no longer care Hitchin court have taken so long, I am tempted to go down the mediation route just to end it, scared if I say no ( which is what I should do as we've already had a one sided mediation) that I'll never get a date from the court for a hearing

Incidently all the court paperwork was dated July 16th!!

The date will be the date that the District judge made the order so it gives you an idea of the current arrears state at Hitchin

Whilst we are over the worst of the holiday period now it will take some time for the court to catch up again - particularly as funding is currently extremely limited and therefore overtime is rarely used.

This is one of the few times when I would agree that accepting mediation is your best way forward - if you were to refuse it then it would have to go back before the District Judge and another order drawn up (which would probably take the same amount of time as it took to get this one).

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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.

i have hust had an offer of 300 Pounds from tesco's . i paid about 600 for the hp two years ago and therefore have had 2 years usage 9less the few weeks that hp rtook to 'repai' the first time the fault occurred. as i get to keep the pc i am tempted to accept. then sell the parts seperately on ebay or try the soltion shown on you tube.
http://www.youtube.com/watch?v=bnkQNmKauEc
it helps that my friends are electronic engineers then if it goes wrong again sell the parts.

Hello Zhorik,

Well, if you have had 2 years worth of use out of the laptop then I calculate that the refund should be around £360 though I am not sure of the exact failure date.

Their offer does seem fair and you wouldn't get much more by going to court.

I would accept their offer and would sell the old laptop for spares.

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 have my mediation hearing on tuesday 28th by phone,I assume if I agree to take then it's binding?
any advice greatly appreciated as to how to handle myself i'm determied to maintain my rights under the sale of goods act and not be bullied into accepting less that I'm entitled to

Cushley,

Bear in mind that the court based mediators are just normal court staff/civil servants and it's therefore highly unlikely that they have any legal knowledge - ie: with regard to the SoGA.

They are just trying to get you and the retailer to talk & come to an agreement. If you don't agree to any proposals then make that clear and the court case will then proceed along its normal course.

Good luck.

_________________
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.

Hello Cushley,

Like Ciderboy says, the court based mediators are just normal people without any real knowledge of the law.

I would make sure that you let the mediator know about the six year rule as some judges don't know about it. Recently a judge adjourned a case whilst he want away and looked it up in the law books.

I would also make a note of the relevant parts of the Sale Of Goods Act that your laptop breaches. These are:-

1) Merchantable quality
2) Free from defects
3) Durable

I would also say it breaches the "fitness for purpose" part but that could be a contentious issue as it worked up until the point that it failed.

I would also bring up the fact that to date Nvidia have paid in excess of $475 million in compensation and that figure is rising.

The minimum amount that you should settle for is £200 (excluding costs) as this is what I calculate you would get if the refund were to be based on usage.

You can of course negotiate for more, but not a penny less

Good luck with the mediation, I don't think it will do much good as Tesco have had long enough to mediate and I cannot see that this will make them budge, but you never know.

If you have any 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.