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PostPosted: Fri Sep 09, 2011 8:13 pm 
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Joined: Sun Oct 10, 2010 1:04 am
Posts: 39
Laptop Make: Dell
Model: XPS M1530
Graphics Card: 8600M GS
Purchased From: Website Sale
Amount Paid: 740
Date Purchased: 17 Nov 2008
Date Failed: 02 Sep 2011
Hello Paul,

I'm just about to book my laptop with lapcure. Before I do however, may I ask whether I need to send the hard drive with it or not?

Thanks,

Luke


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PostPosted: Fri Sep 09, 2011 8:21 pm 
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Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6907
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Luke,

There is no need to send in the hard drive as I can adequately test your laptop without it.

If you have any further questions then 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: Fri Sep 09, 2011 8:36 pm 
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Joined: Sun Oct 10, 2010 1:04 am
Posts: 39
Laptop Make: Dell
Model: XPS M1530
Graphics Card: 8600M GS
Purchased From: Website Sale
Amount Paid: 740
Date Purchased: 17 Nov 2008
Date Failed: 02 Sep 2011
Thanks Paul :)

I've just realised the courier comes next day so I will book it sometime next week ;)


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PostPosted: Fri Sep 09, 2011 9:26 pm 
Online
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 ltlukelt,

You can book it in now and the courier will not collect until Monday, or a day that is good for you.

Just let me know which will be the best day for collection.

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: Sat Sep 17, 2011 8:13 am 
Offline

Joined: Sun Oct 10, 2010 1:04 am
Posts: 39
Laptop Make: Dell
Model: XPS M1530
Graphics Card: 8600M GS
Purchased From: Website Sale
Amount Paid: 740
Date Purchased: 17 Nov 2008
Date Failed: 02 Sep 2011
Hello Paul,

I booked my laptop in last night. I'm assuming it will be picked up on monday?

Thanks,

Luke


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PostPosted: Sat Sep 17, 2011 11:07 pm 
Online
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 Luke,

Thank you for booking your laptop in for a report.

Yes, the laptop will be collected on Monday and I will shortly send you an email with packing instructions etc.

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: Wed Nov 16, 2011 7:16 pm 
Offline

Joined: Sun Oct 10, 2010 1:04 am
Posts: 39
Laptop Make: Dell
Model: XPS M1530
Graphics Card: 8600M GS
Purchased From: Website Sale
Amount Paid: 740
Date Purchased: 17 Nov 2008
Date Failed: 02 Sep 2011
Hello Paul,

I've just got back after a few weeks away and I felt I should post an update about my current progress (or lack of :()

Dell replied to my letter before action containing a copy of the engineers report with the exact same email they sent me before. They are still holding their ground and only offering a free one-off repair.

I also received a call from Barclaycard, but they said they could not do anything as the laptop is out of warranty. They still sustained their position even after I explained their breach of the Sale of Goods Act to them.

Should I now proceed with filling a small claims action or should I persist with Barclaycard?

Thanks,

Luke


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PostPosted: Wed Nov 16, 2011 8:26 pm 
Online
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 Luke,

It infuriates me when the card company reply like that. They must have used the office junior or their cleaner to send those letters to you because they are completely in contravention of your rights.

What does it take to educate these people that a warranty (or lack of it) in such situations is completely and totally irrelevant?

I would, for the time being, persist with the card company as you may get a better result from them.

I have drafted a letter for you below. You do not have to use this but I thought that it may help.

Quote:
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.


You should send that via recorded delivery to the card company. Please ensure that you keep a copy of the letter and the postal receipt.

I hope the above helps.

If you have any questions then 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: Fri Dec 23, 2011 1:01 pm 
Offline

Joined: Sun Oct 10, 2010 1:04 am
Posts: 39
Laptop Make: Dell
Model: XPS M1530
Graphics Card: 8600M GS
Purchased From: Website Sale
Amount Paid: 740
Date Purchased: 17 Nov 2008
Date Failed: 02 Sep 2011
Hello Paul,

Thanks for the letter ;)

I received a response on the fourteenth day where Barclaycard advised me they will need to see all correspondence between me and Dell in order to validate a Section 75 refund. I sent this off the next day and I have just received a reply:

Quote:
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.


Any ideas on this?

Thanks,

Luke


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PostPosted: Fri Dec 23, 2011 7:21 pm 
Online
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 Luke,

Did you inform Barclaycard that you had requested a written guarantee that the parts that Dell would use would be free from the defect and that they had refused to provide you with such a guarantee?

Please let me know and I will advise further.

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.


Top
 Profile  
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