Dell - Getting a Refund.

[Neoconsumer]

Hi, I'm Sam and this is my first post here.

 

I bought a new Dell computer on the 29th of December last year and paid the £580 by Direct Debit.

 

I've had a lot of problems with the PC, and have had to boot it from the Windows disk - losing all my files multiple times.

 

Eventually 7 months after purchase the graphics card died, and the computer wouldn't load windows. After following Dells troubleshooting guide I opened the computer to find that the fan on the motherboard wasn't plugged in so all the time I'd been using it, the computer was over-heating.

 

I contacted Dell and they replaced the graphics card and motherboard.

The computer still has a number of problems, often it freezes on the dell screen before loading windows and it runs very slowly when windows does load. Also the ethernet port seems to be faulty as it keeps losing connection to the internet (tried swapping cables, ports on the router etc)

 

Recently the graphics card has had problems again and so I'm currently running it on the on-board graphics but there are still other problems.

 

 

 

I only have 26 days left on my one year warranty, and I know that as soon as this expires I'll still be left with a lot of problems that Dell won't care about.

 

 

Having had to boot from the windows CD yet again I've decided enough is enough and I'd like a refund for the product, which has been failed at quality control level and is therefore damaged.

 

 

 

I phoned Dell to ask for a refund, and they refused saying a refund was impossible. I said that I had consumer rights and that I had been sold a potentially dangerous product to which they replied after 7 days of purchase I have no consumer rights...

 

They kept saying they'd want to collect it and replace the graphics card and other components again but seeing as that didn't really solve the issue last time (only delayed the problems slightly) I would accept nothing other than a refund.

 

He refused so I asked to speak to his supervisor, he said his supervisor was busy and couldn't talk to me. He then just hung up on me.

 

I didn't get his name, which I know is a pretty big mistake - but can anyone guide me on what rights I actually have now?

 

 

This computer cost me almost £600 and has been nothing but trouble since I had it. The warranty expires soon and I'm not sure what I can do?

 

My other Dell pc is almost 7 years old and hasn't been formatted once, it's still working great today. This one isn't a year old and it's been nothing but hassle. They've replaced components to no joy, they've refused me a refund on the phone and hung up on me. What options do I really have now?

 

Is it just a case of never buying from Dell again and saving up for a new PC, or can I go down another route to get a refund?

[ukaviator]

Hello and welcome to CAG.

 

Here is the address of their head office if you need to write to them:

 

Head office

Dell Corporation Ltd

The Boulevard

Cain Road

RG12 1LF Bracknell,

Berkshire

United Kingdom

 

The Laptop should last a lot longer than 1 year, so you should quote the Sales of Goods Act and other relevant or related legislation:

 

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

 

The key parts of the act are:

 

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

 

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

 

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

 

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

 

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

 

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

 

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

 

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

 

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

 

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

 

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

 

If you still get no joy with them, then i would get trading standards involved to sort Dell out.

 

Did you buy it direct from Dell?

[Neoconsumer]

Yes, I bought direct from their website.

 

I've just been phoned back by a supervisor who has again told me that after 7 days of purchase a refund is impossible but they will send out an engineer to replace the graphics card and the motherboard again. Seems like my only option really, I don't see what difference it will make this time as it had a new motherboard and graphics card just three months ago.

 

I'm really not happy with the product though, it's frustrating to have to format a computer and lose data - though I guess it's partially my fault for now backing anything up. It's a pain ripping all my music back onto the pc and I had recorded 8 songs myself which are now gone.

 

She said if the problem persists the best they can do is replace the whole machine, but I'd be happier with a partial refund.

 

Doesn't look like I'll be able to get one out of them though.

 

 

Thanks for your help anyway, if problems persist after this engineer has a look I'll send them a letter quoting that act and see if I can get a better response from them. I'm thinking that as soon as the warranty expires I won't get anything out of them though.

[ukaviator]

When the engineer is there to repair your laptop, tell him that you want a new one to replace this. Also inform him that you are just about to get trading standards onto the case, he may write it off and get you a new one, as a gesture of good will.

[Neoconsumer]

When the engineer is there to repair your laptop, tell him that you want a new one to replace this. Also inform him that you are just about to get trading standards onto the case, he may write it off and get you a new one, as a gesture of good will.

 

Thanks, I'll have a word with him and see what he says.

 

It's actually a Dimension tower (one of the slim ones) though not a laptop, I wish I had bought a laptop now. Would have been much more suitable for my needs.

[Renzokuken]

I opened the computer to find that the fan on the motherboard wasn't plugged in so all the time I'd been using it, the computer was over-heating.

 

Your computer shouldn't post at all without a CPU fan connected, as a saftey feature built in to all motherboards. Unless specificaly disabled.

 

My PC is watercooled, and I still have to plug something into the CPU headed just to make it believe it has a fan so it can boot.

[rscott101]

Your computer shouldn't post at all without a CPU fan connected, as a saftey feature built in to all motherboards. Unless specificaly disabled.

 

My PC is watercooled, and I still have to plug something into the CPU headed just to make it believe it has a fan so it can boot.

 

Not true. Quite a few of the Dell desktops will boot without a fan attached. They don't use the motherboard fan speed detector at all.

[jo1lygrngiant]

Hi Renzo, it may not be the actual CPU fan which was not plugged in. On a lot of the boards, there are fans on the north bridge, and south bridge.

 

Also, on a lot of Dell's there is no fan on the cpu, as the fan is usually on the back of the tower, with a exhaust forcing the air down to the heatsink.

 

Just a fyi. Sorry I can't help with the OP's problem though.

 

be safe

 

JGG