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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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We purchased a laptop from Dell Computers. The laptop stopped

Customer Question

We purchased a laptop from Dell Computers. The laptop stopped working shortly after purchase. We complained, the Technicians tried to fix it over the phone, then sent out a Technician who spend the whole day trying to fix the laptop, he couldn't fix it and we had to wait for parts to be delivered. Since the laptop have failed to work 100% and we have spend many hours on the telephone with Dell Technicians. Twice the laptop wiped everything and we lost all our emails, work, pictures etc. Now we have complaint to the executives, who have asked for "one last chance" to fix it, but also made it clear that they are not prepared to replace or refund us. We have lost complete faith in the laptop and in Dell Computers. Can we insist on a refund/replacement? What will happen with our rights if we do not take them up on their offer of a "last chance"?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When did you buy?
Customer: replied 3 years ago.

September/October 2013

Expert:  Jo C. replied 3 years ago.
Thanks.

When did you first complain about the fault?
Customer: replied 3 years ago.

I am not completely sure, but within the first couple of weeks or so. My Husband did not make notes as he did not think it would escalate.

Expert:  Jo C. replied 3 years ago.
thank you
.
How much did it cost you roughly?
Customer: replied 3 years ago.

The laptop was purchased on 2nd October 2013 at a cost of roughly £600.

Expert:  Jo C. replied 3 years ago.
Thanks.

This is a purchase to which the Sale of Goods Act applies. That will mean it must be ‘fit for purpose’. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.

You do have the right to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it.

In fairness, you did complain within a short time and its not an insignificant fault. You could argue that it was never accepted. There is obviously a risk in that because you might not succeed but all cases carry risks. Its not a reason not to pursue them.

Failing that, you are entitled to demand that it is repaired ‘as new’. If that cannot be done then your rights to a refund are revived and that won’t carry risks. If they cannot put this back in good order then they will have to refund you and they will know that.

There should be no reduction in the purchase price. You have had this a very short time and without any real use of it. If they offer you a lesser sum then refuse. You would get the full price if you went to court.

You could argue that you have lost faith in their capacity to put this right. You only have to give them a reasonable time to perform a repair and they have had more than a reasonable time.

Its very unlikely you would have to go to court anyway. If they cannot repair this then they would refund in full as soon as you issued even if they didn’t make that offer immediately.

The only contentious issue might be whether or not you can still reject it under the SGA. If you are intent upon doing that then there is certainly an argument in your favour on the point. You can issue against them here

www.moneyclaim.gov.uk

If you need to. However, if you are intent upon doing that then you should not allow the repair. As soon as you do that the Court will say that you have allowed a repair and so cannot reject.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

Thanks,


 


I did state on the phone to them yesterday that we have lost complete faith in the laptop and in Dell, He argued that it was the Software that was the problem and therefore not Dell we should have lost faith in.


 


We purchased the laptop on 28th September and received it on 2nd October 2013. First time we complained about the laptop was on14th October2013,we had one of their Technicians out to try and fix it on 16th October, had to wait for parts to be delivered as the Technicians was unable to fix it completely, received the part on a week or so later and my Husband spend hours on the phone with the Technicians as my Husband had to install the part. We have since been on the telephone with Dell Technicians another 7 times! Does that qualify to say that we have given them enough chances to repair the laptop? Mr Prateek asked for "one last chance" to repair the laptop yesterday when he range in responds to our email complaint. Are we within our rights to insist on a refund or a band new laptop, or do we have to give them one last chance? As you can see from Mr Prateek's email, they are saying "a refund or replacement is not possible at this stage", is that correct or can we insist on NOT giving them this "last chance" and instead provide us with a refund or a brand new laptop?


 


I look forward to hearing from you.


 


 


 


 


 


 


 

Expert:  Jo C. replied 3 years ago.
You probably have lost your rights to automatically reject but you would be able to argue that your rights to demand a refund are triggered by their failure to repair adequately.

You should be pursuing the seller though not the manufacturer. Your rights are much better against him.
Customer: replied 3 years ago.

Do you mean; demanding a refund AFTER they have tried once more to repair it and if it still doesn't work or BEFORE?


 


Why do you think we have lost our rights to automatically reject a repair?


 


Unfortunately my Husband bought the laptop directly through Dell Computers.

Expert:  Jo C. replied 3 years ago.
1 You could do either here. They have had a large number of attempts.

2 Because you have had it so long and agreed to let them repair. This is covered in my first answer.

3 If Dell is the seller then your SGA rights are against them.
Customer: replied 3 years ago.

I am very sorry but I am very confused now. I have copied below an email I sent to Dell earlier today and a reply from Dell. This seems to go against what you mentioned regarding SGA rights. Is it correct that we have no real option than to accept what Dell is stating?





Without Prejudice



 




Mr Nayak,




 




Please could you explain, by way of emailing me, the reason why you are unable to provide either a replacement laptop or a refund? Also, I need to know how we are able to back-up all our “in coming/out going” emails that are currently stored on this laptop as we can not afford to loose those once again.




 




Finally, before my Husband and I make our decision I would appreciate it, if you could provide us with the full name and address for who we should return the laptop, should we decide to take the matter further and return the laptop (not to be returned).




 




I look forward to hearing from you before the end of today.




 




Mrs A. Thompson


 


Dell's reply:



Dear Mrs. Thompson,



Thank you for your email,



As discussed over the phone and as per the warranty terms and conditions, any hardware or software issue reported on the system will have to be troubleshoot over the phone first and if Dell is unable rectify over the phone then will arrange for onsite/depot service.


 


As per your warranty entitlement, your system is covered for any basic hardware failure or operating system error’s. As you mentioned that you were unwell and did not want to spend a time over the phone or have a service engineer visit, considering your situation Dell offered to service the system at the depot station.



Please note :



  • As per the Dells terms and conditions of sale, any return on the sold goods will be accepted within the return period of 7 days from the date the product is delivered.

  • Any data lost during troubleshooting on the system, will not be held as Dell’s responsibility. Data is solely consumers/end users responsibility to be backed up on a regular basis to avoid any data loss.

  • Software issues reported on the system does not amount to a system replacement.

  • Any hardware failure on the system will be serviced / replaced according to the warranty entitlement terms and conditions



Please find the below mentioned link with reference to your warranty terms and conditions,



We request you to please provide a convenient date at least 24hrs prior so that we can make the necessary arrangements for collecting the system for its service. Looking forward for a response from your end at the earliest.



Regards,


Prateek Nayak


Expert:  Jo C. replied 3 years ago.
Their reply has got nothing to do with the Sale of Goods Act. They are referring to their warranty which may well be limited in that way.

You do have other options as I mentioned above. They obviously do contain some risks but you have to take them at some point as this repair may fail as well.

You are entitled to demand that it is repaired ‘as new’. If that cannot be done then your rights to a refund are revived and that won’t carry risks. If they cannot put this back in good order then they will have to refund you and they will know that.

There should be no reduction in the purchase price. You have had this a very short time and without any real use of it. If they offer you a lesser sum then refuse. You would get the full price if you went to court.

You could argue that you have lost faith in their capacity to put this right. You only have to give them a reasonable time to perform a repair and they have had more than a reasonable time.

Its very unlikely you would have to go to court anyway. If they cannot repair this then they would refund in full as soon as you issued even if they didn’t make that offer immediately.
Customer: replied 3 years ago.

I am very sorry but am still not clear about this. Can we demand a refund NOW and not go ahead with another repair or, do we have to go ahead?


 


We would struggle to deal with another repair where we lose everything and then have to spend hours trying to get the system up and running again.


 


Are we within our rights to say enough is enough NOW, before another repair and insist on a refund NOW?

Expert:  Jo C. replied 3 years ago.
I am sorry if I am being unclear.

Yes, you can do that but it carries risks.
Customer: replied 3 years ago.

What kind of risks?

Expert:  Jo C. replied 3 years ago.
That they will refuse and you will have to sue.

I suppose any case carries the risk that you could lose at court but I think I've explained really that you do have a claim. Nobody can guarantee success.

I'm happy to continue with this but please remember to leave feedback for my answer.
Customer: replied 3 years ago.

Will do. Sorry I thought I did that at the end.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I keep getting a message stating "I have not got permission to view" when I try to leave feedback.




Expert:  Jo C. replied 3 years ago.
I think thats probably a site bug.

I never use the site from your side so don't know what you are seeing but you are able to post on here so must be active. You can email customer services here [email protected]