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June 2007 bought an Ispiron lap top for projected start up business. Had very very little use, in August screen went blank. Informed Dell who advised they would get back to me. Went on long holiday, eventually contacted Dell again in October, they had no record of my previous communication.
They sent me a list of things to try, most were useless as I had to read a blank screen. Exasperated, I informed Dell that I wanted a full refund or an exchange model I was not going to accept a repair on the machine, I had lost confidence it it, it failed to work and was therefore unfit for use. Additionally if I did accept a repair it would make it difficult to reject the machine in future should anything elase fail. Despite advising Dell 5 times now that I want the machine replaced they tell me I they can only repair it. I have now given them 48 hours before I issue a small claims court action.
I'm not sure how you stand legally target.
I might be wrong but from what I am given to understand of consumer law. If the item fails within 30 days you are entitled to a repair or a full refund at your discretion you can insist on the cash if you wish, after 30 days(it might by 28 I'm not sure) you are entitled to a repair or a refund at the suppliers discretion.
So what I am saying is that by law I believe that you are only entitled to a repair and therefore Dell are within their rights to offer the repair and not a refund. They could give you a refund but they don't have to by law.
I might be wrong on this as I'm not in the legal profession but to best of my knowledge this is correct.
If I'm wrong I'm sure someone will correct me.
If I am correct then you will probably lose the small claims case unless Dell decide to settle out of court.
it might be an idea to stop and consider.
The supply of goods and services to consumers regulations say that if your laptop develops a fault within six months of the date of purchase the fault is deemed to have existed on the day of purchase, and you have some options.
By default you may request a full refund, and call it a day. If you do this the supplier must comply, provided the request is made within a 'reasonable' time. The law doesn't define what 'reasonable' means in this context.
You may ask for a repair or replacement. The supplier can refuse either of these if it
can be shown that they are disproportionately
costly when compared to with the alternative. Any remedy must also be completed without significant
inconvenience to the consumer.
Sent another e mail to Dell, advising them that as the machine is less than six months old I would like a refund, particularly as it failed within 2 months. Dell again replied that it is not their policy to refund monies, it seems that this is their attitude despite the law that says I can have a refund.
The only recourse I feel is now the Small Claims Court, unless anybody knows the email address of someone senior at Dell.
The only satisfaction I have is over the weekend I was speaking to someone who was just about to order 6 Dells for her business. I was able to show her my correspondence, she was shocked and decided to try out Acer and Mesh. Small change to Dell maybe but boy did I feel good.
Keep trying to ask for a replacement because you would have more chance of getting that than a refund. My Dell laptop is excellent and you wouldn't regret it if you could get them to replace it. Make sure and get the customer rep's name and get him/her to take ownership of the problem because its the only way you are going to get it resolved.
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