The Nvidia Defect Forum

Well my story starts way back in October 2009 when my lappy started to fail.

After finding this excellent site and obtaining a report from Paul and then getting the usual offer of fixed price repair, with no guarantee of it not being defective, I issued County Court proceedings against them.

They issued their standard defence.

They then tried to settle with me for around £400 which included £200 of court fees and the engineers report.

I rejected this and heard no more.

Then the good old County Court messed up and cancelled my hearing as they said I hadnt paid the hearing fee, even though it had already cleared my bank.

The hearing was re-instated.

I attended and DSGi did not!

THe judge was very reasonable and asked why I had rejected the fixed price repair and he said 'that it was DSGi's responsibility to satisfy me that the repair was of a statisfactory standard and as they were unable to do this I was entitled to a full refund'

I therefore now have in my hand a CCJ against DSGi for the full original price of the laptop, plus engineers report costs and all my court fees.

They have until 7th May to pay.....so the bubbly is on hold until then.....but looking good.

Hello Dougflo,

Well, my fingers are firmly crossed that DSG don't contact the court and request that the judgement be set aside.

This may not happen but it could.

I think that they will probably pay up though - their position is indefensible.

Wouldn't it be great if they don't pay on time and you could send in the bailiffs. I would love to be there with a camera.

Joking aside I hope they pay up on time, better that the cash is in your pocket.

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.

Well I have won at last and the money is in the bank and the cheque has cleared!

This is ho much I now distrust DSG...I felt the need to wait until all the above had happened before I posted.

Well no surprise but I contacted PC World back in May and asked why they had not paid me for the judgement against them. I was told that they were applying to set aside judgement as I was not entitled to any of the money. They stated they had filed a written statement that the judge had not considered and so the judgement would be requested to be set aside on that basis. I asked for a copy of the written statement and was assured this would be sent.

In due course I got a copy of the application to set aside and heard nothing further, so I attended court.

Amazingly they had employed the services of a local young solicitor (I assume). I fortunately got the same judge in the hearing who agreed that their written statement was not any different from the original defence, but as the written statement was not on the ccourt file and PC World would have had to fabricate the fax that the judgement was set aside on this technicality. It was only at this hearing I was given a copy of the written statement, PC World never sent it to me. In this they also tried to discredit Lapcure's reports!

The day after the hearing I received a letter from PC World that was dated a week before the hearing, containing a letter that was about a month old (which I had never recieved). This letter was stating they had miscalculated the offer they had made months before and offered me an additional £20 to settle.

I replied to this letter and included a full recalculation based on a 5 year life of my laptop.

I again heard nothing further and got a new date for the hearing.

I attended the court and amazingly again they had sent a chap from their legal department. About a 450 mile round trip for him I reckon!!

Before the actual hearing he offered to settle on the figure I had asked for and we agreed to go before the judge to gain an order for payment for £633. The DSG representative apologised and thanked me for coming to an agreement.

Sitting in front of the judge, he expressed slight surprise that PC World had atttended as they had written saying they had not had notice of the hearing. Seems to be a standard tactic of theirs to try and delay the legal process.

So I got my order/judgemnt, I got my money and it is in my bank.

Thanks everyone for your help and advice. This process has taken me over 9 months, but I refused to lie down and let them get away with it.

The things DSG and PC World fail to take into account are the following:

That, in my case, they used every delaying tactic possible and this process has now cost them far more than if they had just come to an amicable settlement in the first place.

I will never never never buy anything from PC World / Dixons / Currys every again

I make purchasing decisions for a large PLC and I have instructed all the branches under my control to cancel their accounts with DSG.

I have purchased my replacement laptop from Staples!!!!

My advice: Keep the faith!!!!!!!

DSG and PC World

Hello Dougflo,

Well done on your success

How despicable of DSG to play such underhand and thoroughly unprofessional tactics!

I am so glad you won and it really does serve them right that they lost. So, it is not just their customers that they tell untruths to then as you stated:-



I would be interested in a copy of the document that they submitted to court where they try to discredit me.

What exactly did they say?

What does this tell you about DSG?

It tells me that that only time you should ever set foot in one of their stores, be it PC World, Dixons or Currys, would be to shelter from the rain.

Shameful behaviour and when the press do pick up on this, which they will very soon, then DSG et al are in for a real pasting.

Well done again though for your persistence.

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.

Are you ready Paul? This is what they said about you!!!!

"The Defendants take issue with the Independent Engineer report received by the Claimant. The goods are not recognised by Hewlett Packard on their website as being affected by this issue.
The Independent Engineers do not have visibility of how many of that particular model were sold nationally by all retailers so therefore cannot say if the failure rate is abnormal or higher than the product average.
The Defendant avers it has come across the Independent Engineers report before and enclose copies of reports compiled for other customers. The reports are a standard template.
The Defendant avers the Indepndent engineers advertise they are compiling reports for Claimants to succeed in court against the Defendants.
The report states "the length of time that the rework lasts is unknown quantity" Therefore it is conceivable by their own admission that a repair may last as long as the perceived acceptable life span of the product"

This would indicate several things to me.

If your laptop is listed on the HP site, then DSG will recognise the problem.
That they ignored the reasoning for you using a template and your guidance notes to them.

If they truly believed any of the above why did they offer to settle with me. It makes no sense.

...and just as an aside...the letter was printed on a very poor quality inkjet that appeared to be running out of ink......they should nip down to Staples for some supplies

Hello Doug,

What a load of baloney and this shows how truly unprofessional DSG can be.

I will answer the points they made about me below:-



Well, why would HP admit to a fault in their own product? Surely that is like shooting yourself in the foot!

HP will not admit to problems in these laptops as it will cost them far, far too much if they do so their admittance, or lack of it is totally irrelevant.



What absolute baloney!

The national failure rate is again irrelevant. What is important is this. Is your laptop or is your laptop not inherently defective. That is all that matters and in this case your laptop is indeed inherently defective.

What the "national failure rate" has to do with anything is beyond me. Just more baloney from the kings of baloney!



The reports are indeed a template - who wants to type four A4 pages very time?. There are many differences in each individual report but most of the substance of the report is the same. But then their letters are all templates. In fact, the way they treat their customers is all down to a script.

As the faults and failure symptoms are virtually all the same then what do they expect? They really are clutching at straws aren't they? I have said it before that their behaviour is akin to a rabbit caught in the headlights of a car!



Of course I do - otherwise who else will protect you against these guys?

Without this forum hundreds of customers would have been left seriously out of pocket and the only winner would have been the retailer. Which is probably why they do not like me or this forum.

DSG appears to have no compassion towards their customers who were unfortunate to have purchased one of these inherently defective laptops.

What do they think, that the customer should be the one that loses and not them? Well DSG, sorry to tell you but the tide is turning!



They have absolutely no idea do they? They think they can make statements like that and the judge will believe them, well sorry DSG, but the judges won't believe you!

The length of time that it will last after the rework test is a matter of just days, not years.

How desperate do they appear to you?

We will keep on advertising this forum and producing reports and we will ensure that each person who comes here for help will hopefully reach a positive resolution.

I do wish the press would take an interest, then the floodgates really will open

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.

Firstly, congratulations on your success

I was cracking up when I read their comments


I'm really surprised that DSG have never come across templates before - even the courts use them for their orders and they're well behind the times when it comes to technology


So what?? That's the whole point of an engineers report

I cant believe that they're still trying to use this one. DSG PLEASE READ THIS BIT: IT DOESN'T WORK AS A DEFENCE - THE LAPTOP IS INHERENTLY FAULTY (sorry to everyone else for shouting)

_________________
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.

Hear Hear!

I couldn't have put it better myself!

This is exactly the point they seem to overlook - though thankfully the judges do not.

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.

Smashing,

Steve