The Nvidia Defect Forum

Dear Sir/Madam,

Ref:- (enter your claim reference number here)

I write with reference to the above and to our recent correspondence.

I am in receipt of your recent communication in which you are refuting my Section 75 claim on the basis that my laptop is out of warranty.

I should not need to inform you of this because it should be something that you are all too familiar with but the Sale Of Goods Act gives me SIX YEARS in which to take action should it transpire that the goods in question are inherently defective.

I have submitted to yourselves a copy of an engineers report which I have obtained on my laptop and that report confirms that my laptop is indeed inherently defective due to the well publicised and worldwide problem that is the Nvidia defect.

Therefore your conclusion that the laptop is out of warranty and your unwillingness to conform to your obligations under the Consumer Credit Act and the Sale Of Goods Act is without foundation and I would ask that you reconsider your decision.

If you continue to take this stance then I will have no option but to report this matter to the Financial Ombudsman and will also proceed to file a small claims action against both Dell, the retailer and yourselves as the 2nd defendants.

I am therefore giving you fourteen days from the date of this letter to comply. If you fail to do so then I will have no option but to proceed as indicated above.

Please note that in this matter time is of the essence.

Yours faithfully

Your name.

I write in reference to your query regarding the transaction from Dell Product.

May I advise, in order to make a valid claim against Barclaycard under Section 75 of the Consumer Credit Act 1974, it would be necessary for you to prove a breach of contract or misrepresentation by the supplier, in a debtor-creditor-supplier agreement. For our purposes, we need you to provide us with a documentary evidence as proof that such a breach of contract or misrepresentation occurred.

On this occasion, as the merchant is willing to assist by repairing the computer without any charge, Barclaycard are unable to assist you further.