The Nvidia Defect Forum

Hello Nedrab,

Don't worry about any defence that PC World may enter. Their position is indefensible and they really cannot win.

When you do receive their defence if you post it up here I will go through it for you and advise accordingly.

Any questions please let me know.

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.

The defence is:

1. The defendants admit supplying the Claimant with a Toshiba G4010E Laptop computer (the goods) under a contract of sale dated 12th October 2007. The purchase price was £489.98.
2. The goods are provided with a twelve month guarantee covering parts and labour but which excludes damage caused by accident, misuse or neglect.
3. The defendant avers they first received a letter from the Claimant on 26th April 2010, stating that he was dissatisfied with the operation of a Laptop computer. The Claimant in accordance with the Defendants out of warranty policy, was requested to obtain an Independent Engineers report, they advised the report should detail the faults, their cause, the diagnosis used and the likely costs of repair.
4. The Defendants aver they received a letter from the Claimant on 11th June 2010 enclosing the Independent Engineers Report, whichc confirmed a fault.
5. The Defendants aver that their customer services department made a depreciated credit offer to the Claimant which was rejected.
6. The Defendants aver that they received further correspondence from the Claimant detailing his complaint on the 26th June 2010, specifically stating he was dissatisfied with the response and requested the quoted amount by the engineer.
7. The Defendants will contend and aver that the Claimant has in any event accepted the goods by virtue of section 35 of the 1979 Act (as amended). Specifically the Defendant avers that i) The Claimant has retained and used the goods for a reasonable period of time without intimating that she rejected them and ii) That the Claimant has during the period of time had a reasonable opportunity of ascertaining that the goods were in conformity with the contract.
8. The Defendants contend that under Section 11(4) of the Sale of Goods Act 1979 (as Amended) a Claimant who has lost the right to reject goods can only treat any breach he may prove as a breach of warranty.
9. Accordingly, the Defendants deny that the Claimant is entitled to reject the goods and recover the purchase price or that he is entitled to damages at all.
10. Save as is herebefore specifically admitted or not admitted the Defendant denies each and every allegation contained in the Statement of Claim as though the same were herein set forth and traversed seriatim.

This is the exact wording.

I now have an allocation questionnaire to complete and return before 20th September 2010.

In the meantime, DSG's Legal Department has written to me advising that they feel the previous offer is fair. However, they are willing to provide a free repair with reimbursement of my court and engineer fees or increase the offer to £275.00. The issue with this is that the only person that seems to be able to speak to me about my case is now away on annual leave until 13th September 2010!!!

Please can you let me know where I stand, and how to complete the questionnaire.

Hello Nedram,

There is nothing whatsoever to worry about with their defence as it is all pretty standard.

I have answered it point by point below.



This is not a defence point but a statement of fact



Again, this is not a defence point but a statement of fact



I love how they twist the truth. Did you at any time state that you were "dissatisfied with the operation of a Laptop computer"? Didn't you state that the laptop had failed due to an inherent defect? Which is very different to what they claim.



Again, twisting the truth. The report you received didn't confirm a fault at all. It confirmed that your laptop is inherently defective and that it was doomed to fail prematurely. At no point in your report do I quote that it is faulty as there is a big difference between a "fault" developing and a product being doomed to fail prematurely"



Does their offer of £275 include the cost of the engineers report or is that just for the laptop?

I previously calculated your refund as being £250 excluding your consequential losses.

You also stated previously that you had purchased this on a credit account that had attracted interest. Did you claim for the interest element as well and if so what was the total cost of your claim including your court costs etc?



The "quoted amount by the engineer." was £250 was it not?

The method I used to calculate your refund is the same as how the court would calculate and this is perfectly reasonable.



Absolute baloney!

First of all, at no time until the failure of your laptop did you realise that it was inherently defective. Furthermore, their claim that you had "a reasonable opportunity of ascertaining that the goods were in conformity with the contract" is more nonsense as the time to manifestation can be 18 months or more.

Again, at no time until the failure of your laptop did you realise that it was doomed to fail prematurely. So in the absence of this knowledge of course you kept the laptop.



This is not a case of breach of warranty or of a loss of a right to reject goods.

Under the Sale Of Goods Act goods must be durable, of a satisfactory quality and free from minor defects. Your laptop breaches each of those points and it is certainly not "free from minor defect"

This line of defence has been used time and time again and will not help them one bit.



Nonsense, they sold you an inherently defective laptop that was doomed to fail prematurely. It was neither durable, of satisfactory quality nor was it "free from minor defect". As the laptop was inherently defective you have every right to take action the minute you realise that this is the case.

They have a duty and an obligation to you and have failed miserably in that respect.



Legal mumbo jumbo and nothing for you to worry about.

As I stated at the start of my reply, this is a bog standard defence and you have absolutely nothing to worry about, though the only thing I would say is that their offer of £275 is very close to what you would get if you went to court (as long as this amount is for the laptop and not for your costs).

What do you think?

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.

Thanks for the reply, it certainly helps to have someone who knows what the legalese means.

I have to admit, I am tempted by the repair, as I do not expect to get such a good laptop for the amounts involved. Also, if I can get another 2.5 years out of it, I would be happy (there should also be a warranty for the work).

However, the offer is for the laptop, court fee and engineer report only, and does not include the incurred charges for monthly instalments.

It's just frustrating that such a big company tries to run roughshod over the "little" people and refuses to deal with the majority of valid claims until days before a court hearing.

Just wondering where I stand.

I accepted the offer of a free repair and reimbursement of the engineer and court fees, 2-3 weeks ago.

Despite chasing PC World's Legal team 4 times this week, I am no further down the line, having heard that "the handler has been away on holiday", "the handler is in court today", "the handler is in a meeting at the moment" and "the handler is unavailable". Each time, my contact details have been taken and I have not received the courtesy of a reply.

Am I stuck now that I have accepted the offer?

Did you accept it in writing or verbally?

If verbally then you could probably get away with retracting your acceptance.

Have you returned the AQ to the court yet?

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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.

Hello Nedrab,

I have exactly the same questions as Ciderboy.

If you only accepted verbally then you should continue your action against them.

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.

No, it was in writing, hence the predicament.

Surely there is a time limit on how long they can take to settle after acceptance.

Ok, the best I can suggest is that you contact them one more time and tell than that due to their refusal to expedite this matter and also to the fact that you now have to complete more work with regards to the court case as you will have to file an AQ , you will be withdrawing your acceptance of the offer.

I'm not sure if this will work but it's worth a try - at the very least it should get them to hurry up a bit.

The one thing that I think may be causing the delay is a couple of reported cases where PC World staff have said that they don't repair these types of fault any more.

_________________
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.

Thanks for your advice.

After talking to PC World's Legal Department, my laptop should be picked up today and taken for repair. I should also have a cheque in the post for the costs I incurred.

As my brother has the same laptop, I will be checking the specifications once my unit is returned, to make sure that a lesser spec motherboard has not been used and nothing else has been affected.