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PostPosted: Tue Mar 15, 2011 9:20 pm 
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Joined: Tue Mar 15, 2011 8:29 pm
Posts: 4
Laptop Make: Sony
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 519
Me: I sent Comet a lengthy first email which detailed everything and included a lot of evidence. I told them not to attempt to mislead me because I'm aware of my rights and willing to take this to Small Claims Court.

Comet: They sent me a reply suggesting I contact Sony because they offer a 4 year extended warranty for my product.

Me: I stated that the Laptop is beyond repair, my contract is with Comet and not Sony, I showed evidence suggesting Sony has already admitted to the fault, provided them with more evidence. I then asked them if they wanted more evidence in the form of a engineers report with them being liable for the cost upto £200.

Comet: They sent me a reply saying I should contact Sony because they have a extended warranty on the product. He also said the following

Quote:
* "Comet do not offer a repair service on the product as Sony are our authorised repair agents for the product under their warranty period.Only a properly qualified engineer can determine beyond doubt if your specific laptop is faulty. Therefore, Comet’s request for our authorised engineers to inspect it before we decide how best to proceed is reasonable and not in contravention of your consumer rights." *


Me(Letter Before Action): I wrote a long reply informing them that my Laptop isn't covered under the extended warranty and therefore they were misleading me into contacting Sony. I wrote many different things on this letter but it was mostly me repeating everything on the previous letter. In reply to Comet's "reasonable arguement" I wrote the following

Quote:
* "Comet’s request for our authorised engineers to inspect it before we decide how best to proceed is reasonable" - I accept that your "authorised repair agents" should be allowed to inspect the device before you proceed. Please make arrangements with Sony to pick up the Laptop from my home as soon as possible so that they may inspect it on your behalf. When commuinicating with Sony please do inform them that this is a issue regarding the Sale Of Goods Act 1979 between Comet and me as it's customer. You are liable for any fee's charged by Sony to inspect the laptop as they are your "authorised repair agents" inspecting my laptop on your behalf. Please note that I have important files on the hard drive of this laptop and therefore I will have the hard drive removed by a qualified engineer before Sony collect the laptop. If Sony requires the harddrive also then I will have the engineer recover all the data from the hard drive for me instead. Please note that you will be liable for the removal of the hard drive or data recovery as this cost has arisen due to the defective GPU. Please note that I do not authorize Sony to make any changes, alterations or repairs to the laptop as it's only being sent to Sony for inspection. If Sony insist on repairing the laptop on your behalf as your "authorised repair agents" then I require that you provide me with written confirmation that only defect-free components will be used to complete the repair." *


I ended the "Letter Before Action" with:

Quote:
I feel that I have provided you with more than enough evidence to suggest a serious defect in my laptop. I have provided you with official commentary from Sony, external commentary from Sony Vaio customers and commentary from experts. I can provide you with more evidence if what I have provided so far isn't enough. I have also accepted your request to have Sony inspect the laptop on your behalf in relation to issue regarding the Sale Of Goods Act 1979 between you and me as your customer.

I suggest that you remedy this situation now by providing me with a full refund, replacement laptop or store credit equal to the value of the laptop. After reviewing this vast amount of evidence you still feel that you need more then I can provide you with a engineers report. Please note that if you do require a engineers report then you will be liable for the costs according to PRACTICE DIRECTION 27 Section 7.1, 7.2, 7.3. According to section 7.3(2) you would be liable to expert fee's up to £200. I am aware that Comet has it's own "Computer support/repair" department but I insist on having the engineers report written by a independent engineer to avoid any bias. I offer you this opportunity to settle this matter early to avoid increasing your cost of settlement as the appointment of a "properly qualified engineer" for the purposes of a report can be expensive. If you don't make arrangements for Sony to collect and inspect the laptop on your behalf or offer me a positive resolution within 7 days then I shall obtain the report and take action via the Small Claims Court. The costs of the report will be claimed from you as stated above.


Comet:
Quote:
In order to move forward with this issue can you please reply with the serial number of your laptop and any job reference numbers you may have with Sony. Once I have this information I will contact Sony on your behalf to discuss further.


Me:

Quote:
If you intend on taking over from your colleague in regards to this issue then I politely request that you read all communication between me and Mr *********, Mr ****** and Mr *******. Please also review the evidence found on pages 2,3,4,5 on the attachment.

I think you failed to understand my previous Letter Before Action. You are contacting Sony to check the laptop on your behalf as they are your "authorised repair agents". Mr ****** requested that your "authorised repair agents" be allowed to inspect the laptop before you take action which I'm allowing you to do. I don't have any job reference numbers with Sony and you already have my Serial Number. Once again I request that you forward my entire Communication History and email to your Legal Department so that they may act on the Letter Before Action. If you are unable to forward me to your Legal Department then I wish to speak with a supervisor or manager as I don't think this issue is moving forward with me having to talk to a different person every email as every time the representative changes the less knowledge of my situation they have.


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PostPosted: Tue Mar 15, 2011 9:30 pm 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6907
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Corporatocracy,

I certainly would not send your laptop to either Comet or Sony for them to inspect.

They are not independent and their findings could be deemed to be biased.

I would suggest that you obtain an independent report first, then if that proves that your laptop is inherently defective you can invite them to inspect your laptop is they so wish.

I do not think that they would admit to your laptop being inherently defective if it is not on their "list" so will probably just state that the mainboard has failed and that it will cost £??? to repair.

At least if you obtain a report independently then you can use that report to whoop them in court if they don't offer a resolution beforehand.

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.


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PostPosted: Tue Mar 15, 2011 9:40 pm 
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Joined: Tue Mar 15, 2011 8:29 pm
Posts: 4
Laptop Make: Sony
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 519
Me v Sony

Me:
Quote:
Dear Sir / Madam

I wish to make a enquiry about the 8400M GT Nvidia chip located within my laptop. Your company has already identified the 8400M GT as a defective chip yet you don't award a extended warranty to my laptop model. You award a extended warranty to similar models with the exact same chip.

Question: What is the difference between the 8400M GT chip you placed in my laptop model and the 8400M GT chip you placed in the Applicable Models.


Sony

Quote:
Dear Mr. *********,

Thank you for your reply.

The problem recognized with Nvidia GPU chips is not solely due to the material of the chip, it is also

environmental and dependant on temperature and usage. In the case of all VAIO’s with these chips,

extensive investigations in cooperation with Nvidia, have been conducted and we have found that a

number of units are affected.

Certain units are not affected due to the chassis design and more efficient cooling systems. The number

of faults reported is monitored on a weekly basis and there are no significant numbers of GPU failures

on units which Sony have not extended the GPU warranty.


Me
Quote:
Dear Mr. *****

"The problem recognized with Nvidia GPU chips is not solely due to the material of the chip, it is also

environmental and dependant on temperature and usage." "Certain units are not affected due to the chassis design and more efficient cooling systems."


Are you saying that the defective 8400M GT chip placed in my model and in other models is exactly the same but it's less likely to fail in my model because my model has a better "chassis design" and/or "more efficient cooling system". Can you please confirm that this is what you are saying to me.


Thank You,

****** **********


Sony:

Quote:
Dear Mr. *********,

Thank you for contacting us.

After going through your email, I understand that you have some concerns regarding the graphics card of the VAIO.

Kindly be advised that some models within certain production line are affected.

However, your model is not included within this affected production line.

Should you have any further questions or queries, please feel free to reply to this email or contact us at the below numbers:


Me:
Quote:
Dear Mr. *********

The statement you made to me in your previous email is completely incorrect and quite dishonest. The fact that the previous Sony Vaio support team member has already admitted that all the Nvidia 8400M GT chips are exactly the same regardless of model number or production line makes your statement even more misleading. Please review the conversation I have had already with Mr ***** and reply to me with a answer to the question posed to you. I make reference to the email sent to me by Mr ***** on the following date and time: 11 March 2011 14:17:52.

My Reply To Mr *****: "The problem recognized with Nvidia GPU chips is not solely due to the material of the chip, it is also

environmental and dependant on temperature and usage." "Certain units are not affected due to the chassis design and more efficient cooling systems."


Are you saying that the defective 8400M GT chip placed in my model and in other models is exactly the same but it's less likely to fail in my model because my model has a better "chassis design" and/or "more efficient cooling system". Can you please confirm that this is what you are saying to me.


Regards,


***** ********


Sony:

Quote:
Dear Mr. *********,

Thank you for contacting us.

After going through your email, I understand that you still have an issue with the graphics card.

Kindly be advised that the chipset installed in your VAIO is not affected by any common issue due to the VAIO having a different components and motherboard.

Should you have any further questions or queries, please feel free to reply to this email or contact us at the below numbers:

VAIO in warranty: In warranty number 08702402408

VAIO out of warranty: Out of warranty number 09050310006 (35p/min plus network charges)

Our lines are open 8 am to 6 pm Monday to Friday

We also have a chat feature available between the hours of 9am and 5pm GMT. To access please go to the Get In Touch section on the VAIO website, http://www.vaio-link.com

(For English speaking customers only)

Regards,


Me:
Quote:
Dear Mr. *********

You are incorrect to suggest that my Nvidia 8400M GT is not affected because official Sony documentation suggests that it is. I make reference to the following: http://esupport.sony.com/US/perl/suppor ... nfo_id=490. Please forward my issue to someone who is more informed as both you replies have been either misleading or incorrect. Your assuming that I don't have any knowledge of hardware and are sending me replies which are blantantly wrong.

Thank You,

****** *******


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PostPosted: Tue Mar 15, 2011 9:53 pm 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6907
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Corporatocracy,

Did you see my reply just before your last post?

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.


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PostPosted: Tue Mar 15, 2011 10:08 pm 
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Joined: Tue Mar 15, 2011 8:29 pm
Posts: 4
Laptop Make: Sony
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 519
Lapcure wrote:
Hello Corporatocracy,

I certainly would not send your laptop to either Comet or Sony for them to inspect.

They are not independent and their findings could be deemed to be biased.

I would suggest that you obtain an independent report first, then if that proves that your laptop is inherently defective you can invite them to inspect your laptop is they so wish.

I do not think that they would admit to your laptop being inherently defective if it is not on their "list" so will probably just state that the mainboard has failed and that it will cost £??? to repair.

At least if you obtain a report independently then you can use that report to whoop them in court if they don't offer a resolution beforehand.

What do you think?

Best wishes

Paul
The Admin Team


Hello,

I've already inspected the laptop my self and have found that the Nvidia chip is defective. The idle temperature of the GPU is around 105c which can be lowered to around 80c if you decrease the resolution to 800x600 and switch to "Power Saver" mode. I do intend on getting a expert report from a independant party soon once the 7 day period expires. I will firstly obtain a report from a local computer engineer which I will then send to Comet. Comet will instantly refuse to accept the engineers report as they always do with such cases. I will then purchase another report from Lapcure to seal the deal. Since Comet will refuse the first report it's perfectly reasonable to obtain a second opinion and they will be liable to pay for both reports.

They made the foolish mistake of claiming Sony was the "authorized repair agent/authorized engineer" for Comet because this means they have to convince Sony to check the Laptop on there behalf and not mine. It's highly unlikely that they will convince Sony to check the laptop because they will have to pay them £££ for such services since it's not in relation to any Warranty. Even if they do get Sony to collect the laptop and say it's the motherboard, I can discredit that statement using official Sony documentation suggesting the 8400M GT is "affected".

At this moment in time I'm trying to find proof that I didn't get "good use" throughout the period it was working due to Nvidia Driver failure when running GPU intensive applications. Does microsoft log failures suchas that in the Event Viewer and how long is that stored?. Does anybody have some information on that which could help me?.

Corporatocracy

Edit: Also does anybody have the contact details to the legal department of Comet?.


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