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PostPosted: Thu Apr 04, 2013 1:09 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello,

Well, it will be very interesting to see their defence - especially because they can have no real defence to this matter.

I look forward to your next update with eager anticipation.

Best wishes

Paul
The Admin Team

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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.


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PostPosted: Fri Apr 05, 2013 6:39 pm 
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Joined: Wed Mar 21, 2012 11:59 am
Posts: 30
Laptop Make: Asus
Model: G1s
Purchased From: Website Sale
Amount Paid: 1000
Date Purchased: 0- 0-2007
Date Failed: 20 Feb 2012
Ok so the letter has come back from the courts, Their defence is as follows:

"The reported fault has not been confirmed by the manufacturer or by the the retailer of the goods.
The item has been in use for over 5 years, requesting the full paid for the item to be return is completely unreasonable.

The defendant denies this claim in its entirity as no fault has been proved with this particular unit."

That is exactly what it says on the defence papers...awful typing.

Im not too sure what to do now, but i'm not letting them get away with this!


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PostPosted: Sat Apr 06, 2013 10:58 am 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello,

What a load of baloney - and not even original!

I would say though that as the laptop is over five years old then you should accept either a pro-rated refund or a free repair. It is unlikely that you will receive a 100% refund so I would advise that you revise your refund request. In order to calculate what you would be entitled to please take a look here:- www.nvidiadefect.com/calc

Regarding their comment that "The reported fault has not been confirmed by the manufacturer or by the the retailer of the goods." Do they have any evidence to substantiate their claim that the fault has not been confirmed by Asus? This forum is awash with posts about the G1S model of laptop and those owners have all received a positive resolution even after the intervention of Asus.

In order to show the court that you have tried to be reasonable I would get in touch with the retailer with a revised resolution request and see what they say.

Have they returned the laptop to you yet?

I hope the above helps.

Any questions 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.


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PostPosted: Sun Apr 07, 2013 11:04 am 
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Joined: Wed Mar 21, 2012 11:59 am
Posts: 30
Laptop Make: Asus
Model: G1s
Purchased From: Website Sale
Amount Paid: 1000
Date Purchased: 0- 0-2007
Date Failed: 20 Feb 2012
Using that calculator i come up with £347.88 should i now send them another letter?? No they still haven't sent me my laptop, they certainly must have lost it!


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PostPosted: Sun Apr 07, 2013 8:24 pm 
Offline
Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello,

Yes, I would send them a further letter stating something along the lines of the following:-

Quote:
After considering all matters in this claim I have decided to reduce my claim in order to expedite a speedy and amicable conclusion to my claim.

Based on the Sale Of Goods Act 1979 (as amended) and the Limitations Act 1980 I am prepared to accept a pro-rated refund based in the unused usage of the laptop.

I am therefore prepared to settle this matter for £348 plus my other out of pocket expenses.

If you are prepared to settle my claim for this amount then please confirm such acceptance and I will cancel my claim with the courts.

If you are not prepared to settle my claim then please return the laptop without delay so that I may have it examined for corroborating evidence to support my claim.

Please would you confirm your decision within the next fourteen days so I know the position of my claim.


Pop your details onto the above and edit it to suit your wishes and then send it to them via recorded delivery. Please ensure that you keep a copy of the letter and postal receipt.

Try the above and see what happens. They would be foolish to proceed to court with such a weak defence when all the evidence points to the contrary.

I hope the above helps.

Any questions 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.


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PostPosted: Mon Apr 08, 2013 7:44 am 
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Joined: Wed Mar 21, 2012 11:59 am
Posts: 30
Laptop Make: Asus
Model: G1s
Purchased From: Website Sale
Amount Paid: 1000
Date Purchased: 0- 0-2007
Date Failed: 20 Feb 2012
Cheers Paul i will send that out to them today! Hopefully they will see sense and pay up!


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PostPosted: Tue Apr 30, 2013 8:52 am 
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Joined: Wed Mar 21, 2012 11:59 am
Posts: 30
Laptop Make: Asus
Model: G1s
Purchased From: Website Sale
Amount Paid: 1000
Date Purchased: 0- 0-2007
Date Failed: 20 Feb 2012
Hi Paul,

Just giving you an update as to whats going on with this. So i sent them a letter and they replied they would get back to me within 14 days....

That 14 days would have taken me over the time the courts wanted the papers back. I waited till the day before the papers were due and still no word. I was half thinking they would get back to me and i wont have to send the papers back. So now it is 19 days since i received their letter and you won't be surprised that yet again they have not get back to me. Well i'm glad i went ahead and sent the papers back next day delivery!


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PostPosted: Tue Apr 30, 2013 10:23 pm 
Offline
Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello,

How scandalous is that!

If you were purchasing some equipment from them then you can bet your bottom dollar that they would have responded in a more timely manner.

It is a real shame that you are going to have to proceed to litigation in order to settle this matter but if that is the way the retailer wants it then so be it.

Good luck with your claim and I look forward to your next update.

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: Fri May 31, 2013 8:37 am 
Offline

Joined: Wed Mar 21, 2012 11:59 am
Posts: 30
Laptop Make: Asus
Model: G1s
Purchased From: Website Sale
Amount Paid: 1000
Date Purchased: 0- 0-2007
Date Failed: 20 Feb 2012
Hi Paul,

So I am pleased to finally say, after a year of fighting with laptops direct (buyitdirect) we finally came to an agreement through mediation. They tried to say your engineers report was basically not worth the paper it was written on. They offered me £302.87 and I managed to get an extra £105.

£407.87 in my pocket, my laptop also back in my possession (there's a 200gb hard drive for me to use) and this whole mess finally finished with. I can now say without all of your hard work and help I would be left with nothing!

Thank you so much, without your knowledge and expertise I would have nothing to show for my broken laptop.

Cheers Paul.


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PostPosted: Fri May 31, 2013 7:51 pm 
Offline
Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello,

Well done on your success. :! :! :! :!

Quote:
They tried to say your engineers report was basically not worth the paper it was written on. They offered me £302.87 and I managed to get an extra £105.


That made me laugh. Laptops Direct have settled many, many claims where my engineers reports where submitted. If they thought that they could refute the veracity of the information in your report then they would certainly not have settled your claim.

They have not offered one shred of evidence to prove that your laptop failed for any reason other than that which I stated which must prove that they concur with my findings.

In any event, a win is a win so well done to you and I am really pleased that I could help you reach this very positive resolution.

Well done again. :! :! :! :!

Good luck and best wishes for the future.

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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