The Nvidia Defect Forum

Hi Paul,
Thank you for the report you sent back in May '10. I thought I would update you on where I have got and ask you for any advice you can offer. After I sent your report to them they wrote to me asking me to call them. In the conversation I was told the maximum they would refund was £460 (the original price was £799.95 reduced from £2,000.00 and purchased in October '07) including the cost of your report, as they agreed a repair was not a viable option as the computer could suffer the same problem, they could not replace the computer as the cost of a similar spec. computer would be higher than the price I originally paid. I informed them I would take the matter further. So I filed a claim with MCOL. I received their defence a week ago, I thought it may be a good idea to contact them to see if we could settle out of court. They were made aware of the tight timescale of returning the allocation questionnaire, and I asked if they could repsond accordingly. A week later I receive a letter from them saying that the manufacturer has advised them that repair is a viable option, and they will either provide a free of charge repair and reimburse the cost of the report and court fee or £500 cash settlement including the cost of report and court fee.

I am in the process of returning the allocation questionnaire (it has to be filed within the next 2 working days) I read Sally's success story against Currys and found the feedback you gave on the defence helpful so will not list all the particulars of the defence as they are quite similar, but wondered if you had any thoughts on next steps...

Regards,
Al

Hello Al and welcome to our forum.



Whilst I agree 100% with this comment I wonder why they then went on to say:-



Well I would be very interested to know the part number of the motherboard that they intend to use. I would also be interested to know the part number on the Nvidia GPU as there were no new chips made to replace the defective ones.

In order to show that you have acted reasonably with regard to your refusal to accept their offer of a repair I would ask them for two things.

1) The part number of the board that they intend to use
2) The revision number of the Nvidia GPU

You can request this at any time but you should tell them that you do need this information so that you can make a decision on whether or not to accept their repair.

You should also state the the retailer that you would want a written guarantee on the retailers company headed paper that states the following:-

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

If they are not prepared to give the written guarantee then I would refuse their offer. If they provide the part numbers then please let me know and we can check them out.

In my opinion a repair is not worthwhile so let's hope they either don't provide you with the guarantee or the part numbers fail to come up trumps.

I would still complete and submit your Allocation Questionnaire - if you have any questions about that then please let me know.

Good luck and best wishes

Paul
The Admin Team

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Hi Paul,

Thank you for your speedy response, it's much appreciated. I agree with all the points you have made and will be sending off the allocation questionnaire. I will also write to DSG and request the information you suggest and get back to you.

Kind regards
Al

Hi Paul,

Sorry missed out a query about the letter DSG sent. They state in their letter that "As the above offers have been made in the course of this litigation and are a genuine attempt at settlement they are in fact privileged and the nature of the offers can not be referred to in court until such time as the judge has heard all the evidence and has made his ruling. At this point the content of this letter may become relevant if the question of expenses are raised in the event that you fail to better the offer."

Are you abe to clarify what this means please? Should we withold information from the court?

Kind regards,
Al

Hello Al,

A simpler way of saying that is "Without Prejudice"

DSG have already been slated this week for "acting recklessly in offering a repair with strings attached" and i would say that this is no different.

They have said one thing, which was the right thing and that was that "a repair was not a viable option as the computer could suffer the same problem"

It is quite irrelevant what Toshiba say as your contract is only with DSG so it only matters what they say.

What they really mean is that when they lose they will try and show the judge that you have acted unreasonably in rejecting their offers.

You have absolutely nothing to worry about.

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
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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.

Hi Paul,

Just to update you on the situation and where we are at now. Followed your previous advice to request the motherboard serial and batch no. from PC World - no reply yet.

The court has suggested mediation and to contact you with any questions.

Kind regards
Al

Hello Al,



The court may well suggest mediation, but PC World have had plenty of time to mediate and have failed to do so.

Time and time again they have refused to comply with your wishes so it is my opinion that you would be just wasting more of your time. If they wanted to mediate then they could have done so long before now.

I would suggest that you refuse the offer of mediation.

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.

Many thanks for this, Paul. We will keep you updated.

Kind regards
Al

We finally got a cheque from pcworld for £500 without going to court. We were so tired and fed up with the lengthy legal process that we are relieved it is over...!

We couldn't have done it without your clear and helpful advice.

Many thanks
Al

Hello Al,

Well done on your success

PC World are hard work aren't they but at least you got there in the end.

£500 is certainly better than a brick of a doorstop.

Well done again and all the best for the future.

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.