Dell Laptop Replacement Dispute - Please Read

DarkDusk

Hi,
Recently, my 11 month old laptop had yet another problem with its system - the hard drive failed. In the last 11 months since I bought the laptop from Dell the touch-pad had to be replaced and also the motherboard. However, this is the third problem I've had with the computer and I really have had enough. Tbh, I have lost all confidence in the laptop as you may see. I have contacted Dell and have disputed the problem for the last few days and all I can get out of them is a replacement of the hard drive. My warranty runs out in 1 month and who's to say that yet another problem will arise with the laptop? I was mostly speaking to one of the floor managers (because this has become a more high profile dispute etc. etc.) and he said that the particular model (Inspiron 15") is one of their best-selling products and it is very rare to have so many problems with it (in my case 3 problems). He also added that my case only occurs 1 in 10,000 laptops of that particular model and he is deeply sorry for the inconvenience. They are sending out an engineer to replace the hard drive on Monday and will get make to me on compensation and the inconvenience caused (whether or not it will be satisfactory I don't know). In my opinion, the laptop should at least be totally replaced with a similar model or in addition to the repair that they should supply me with an extended warranty free of charge. I rang the NCA about this and I quote that they said "if you have lost confidence in the product you are entitled to a replacement". Sorry for the long post everyone but I wanted to get out all the info so ye hopefully won't have to ask too many questions after. What I'm asking now is, what is your opinion on this case. Is there any specific part of the Sale of Goods + Services Act that entitles me to a replacement laptop? Thanks in advance.

Thanks for reading (I appreciate it),
James.

P.S. Before you ask I have always been polite with Dell whenever I contacted them and I bought directly from the Irish Dell Website.:)

rustopher

Sounds ridiculous, u are entitled to a new laptop, replacements have been made for a lot less in the past, they are fobbing you off!! You know what they say.. those who shout the loadest, and u are entitled to scream at this stage. Hurry before the month is up, what u do is keep at them again, again again and again... in the end they will just want to get rid of u!

Its not just one problem u have had, its 3 big problems, as far as I can see u are entitled to a new laptop, I think u have been patient enough!!!:mad:

partyatmygaff

If the *same* fault has repeated itself three items as far as i'm aware you're legally entitled to get a replacement. Anything other than that and it's at Dell's discretion whether or not they should give you a replacement rather than repair.

I'd still try for a replacement though. You may be lucky.

slimjimmc

partyatmygaff wrote: »

If the *same* fault has repeated itself three items as far as i'm aware you're legally entitled to get a replacement. Anything other than that and it's at Dell's discretion whether or not they should give you a replacement rather than repair.

I'd still try for a replacement though. You may be lucky.

Consumer law doesn't state it has to be the same fault. The consumer is entitled to a product which functions properly, it doesn't matter whether or not the 3 repairs were the same fault or 3 different faults, as it's apparent that with 3 repairs in 11 months the product is not fit for purpose or of merchantable quality.

Cuddlesworth

DarkDusk wrote: »

He also added that my case only occurs 1 in 10,000 laptops of that particular model and he is deeply sorry for the inconvenience.

He wouldn't be far off the mark with that figure, its quite unusual to see that many different failures in such a short time.

You are entitled to a repair, replacement or refund. Since its has already had two repairs it would not be unreasonable to be provided with one of the other two options. Irish law backs it up.

DarkDusk

Just to update you guys I got the HD replaced and got a free Alienware headset from Dell as a good-will gesture... Guess what, the new hard drive has also failed - 2 in one month and 4 parts altogether in 1 year. Rang Dell today and they said laptop replacement is not an option and they would send out an engineer to replace the HD again (talked to floor manager). I said that was unacceptable and I was going to take legal action. Dell's Consumer Relations dept. ringing tomorrow! I'd say there is no way they'd go through the trouble to go with me to the Small Claims...

mw3guc

Enough is enough, I'd say. Small Claims Court it has to be if they don't replace or refund now.

DarkDusk

Ya, I'll see after they ring tomorrow so hopefully it won't come to that.

Millicent

Just as a useful heads-up to your issue, a warranty is in addition to your consumer rights and does not replace them. Whether your laptop is a year old and out of warranty does not matter--Irish consumer law says that the product must last a reasonable amount of time in relation to its cost. It's a bit of a hazy law, but basically, if you spend €700 on a laptop (for example), you could reasonably expect it to last at least five years.

Don't let them fob you off with any claims of it being out of warranty.

You could also argue that the laptop was not of merchantable quality when sold, in contravention of the Sale of Goods Act 1980.

Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:

of merchantable quality
fit for its normal purpose, and reasonably durable
as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.

(Link)

Also, interestingly (I never knew this), according to the NCA:

If a fault occurs within the first 6 months of purchase, it is assumed that is was there at the time of sale.

(Link here)

So if your laptop developed its first fault before then, this may be off use to you as surely that would mean it was not of merchantable quality when sold? (IANAL)

Good luck.

pieface_ie

Tell me about it.

I have a dell xps m1530 for three years now. I bought the extended warranty at the time and luckily so. After about 18 months the problems started. Since I've had it the motherboard has been replaced five times, the hard drive has been replaced an the DVD drive been replaced.

The dell customer support is good but laptop is crap. I've missed so much college work due to it breaking. I dread the day the warranty expires.

Cabaal

The only acceptable option at this stage is a full replacement of the entire laptop, you can easily make a logical argument for this.

Not only have you cost the money during rthe past year
- Staff time in dealing with your issue
- Parts that had to be replaced
- Engineer cost to come to your home and do the job

But they've cost you money
- call costs
- your time
- inconvenience having to be available for engineer visit
- Loss of data when the HD dies.

Basically at this stage its actually cheaper for them had they just replaced the laptop when the first or second fault happened,

Give them until the end of the week or maybe next week to agree on replacing the laptop and if not go small claims, document everything!!! I mean everything! if your going small claims.

Make sure you have details of everything that happened, amount of calls made, proof of these if you can get it, days engineer came, exactly what was replaced, exactly what and when you asked for.

Get together enough evidence and even if you do go small claims they;ll likely settle before the case because they'll be afraid they'll loose. (also they have to pay somebody to represent them/build their case so that costs them even more money)

spookwoman

Sounds like it has a power issue with all the faults. I would kick up stink and get advice from consumer affairs. Worked in IT and if parts keep going then there is a major fault.