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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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On going problem with Dell Computers. "Next business day support"

Customer Question

On going problem with Dell Computers. "Next business day support" - Hardware problem not resolved after 14 Business days - If I buy a new machine it will take at least 7 working days before replacement arrives. Have told Dell that my income is dependent on having a working machine. Have I any course of charging them for loss of income for the length of time without machine or replacement ?

Chris Parkes email *****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

What exactly does the next business day support claim to do and when did you purchase your machine? What fault has developed and when?
Customer: replied 2 years ago.

T o provide an engineer on site to resolve the problem that has not been able to be resolved over the phone.

This warranty is taken out at the time of purchasing the machine. The original 3 year warranty ran out this year and I renewed it with Dell.


3 on site visits have been made with 2 visits replacing major components, mother board and main power unit.


After the last visit nothing has been done, they say that further costs to try and repair are not viable - I have now received a quote from Dell with nearest machine equivalent. I have also asked Dell Salesfor quotes for a new machine with a higher spec than that of my original - which I am prepared to pay the extra for (Over and above that of the replacement machine) - a reply has come back from the service sector that they are unable to other me the same discounts as sales section. Same Company different departments. Their replacement quoted machine did not match the same spec as the machine is was to replace.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

I am afraid this is a bit tricly as you would need to go to court if Dell refuse to compensate you for breach of their warranty and you would need to mitigate your losses e.g. buy the replacement as it seems you want a bigger discount and the courts would think this is unreasonable to hold against Dell.

The best thing would be to try and get the repair/replacement sorted out ASAP so that you get your machine and are able to commence your services after which you may try and work out some form of compensation with Dell.

Otherwise you would need to go to court who would have the final say over what you are entitled to.

May I help further?
Customer: replied 2 years ago.

I am now emailing Dell to say that I wish to have a Like for Like or better machine than the one they are unable to repair. Their current replacement falls short on specification on an element which is important to me. I would appreciate advice on how far one can insist on Like for like or better. I do not intend now to purchase a new machine from Dell and will be resourcing a replacement elsewhere.

Expert:  UKSolicitorJA replied 2 years ago.
You may ask for a like for like replacement or a repair done to your machine, at Dell's option.

You may also quote that your request is under the Sale of Goods Act 1979 (as amended) in addition to the terms of your warranty.

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Not at this point.


I have sent an email asking for a replacement of like for like or better, said that I will be pursuing an enhanced machine with them. Asked for a delivery date.

To get going and get income in I will have to purchase another machine from an alternative supplier.

Thank you

Expert:  UKSolicitorJA replied 2 years ago.
Welcome and good luck
Customer: replied 2 years ago.

By the time the replacement arrives I will have been without a machine for circa 4 weeks. That is 4 weeks of lost income, without a machine = unable to work - this was pointed at the beginning of this situation -part of the original purchase was for "next business backup" both in hardware and software. - all possible effort to eliminate that which eventually happened.


Being realistic they were able to see that the original problem was not going to be resolved quickly.

No temporary replacement was offered.

Empty days where nothing was heard from them nor action, were distressing/frustrating to say the least.


What I would like to know is - taking the overall 4 weeks less 1 or 2 weeks at the most for a large international corporation to resolve the problem with due diligence - still leaves me with a 2 to 3 week loss of earnings ability, likewise 4 -6% of annual turnover not possible due to the time taken for the repair/replacement - in laymen terms that is by far too long for a decision - does it work or not - should it be replaced or not.



I had to decline 1 project with a longstanding client as when asked - stating that I would not be able to undertake any projects for a least 2 week, and would not be able to work to his time requirements. So actual loss of opportunity can be submitted as actual loos ?


Your comments would be appreciated.


Regards ... Chris Parkes

Expert:  UKSolicitorJA replied 2 years ago.
Hello again Chris,

You appear to have good grounds to claim for both direct and indirect losses against dell, see here
Customer: replied 2 years ago.

I would expect that the form of warranty from Dell would cover all angles of loss by users - However the product in question is to be replaced - so I can see them saying that they see that they have kept their part of the warranty - However the time taken is in question. Prior to the final stoppage 3 of their qualified engineer tried to fix it and were not able. The last Engineer telephoned Dell in my presence and said it was not repairable. I was then informed that a decision would have to be taken by Dell "upper levels" if the machine was to be replaced and that this would take up to 3 days.

Note that the machine to be replaced has been valued by Dell with a new machine cost of £850 - so in reality to Dell it could be described as "pennies". I specifically mentioned to them that without a machine I was unable to do any work and used the analogy of "somebody parking their car in my drive and not letting me go to work to earn an income". they understood the analogy but said that they cold not do anything about it. It took them 3 working days to let me know that they would replace it, However the exact module was no longer made and they would now have to quote me a revised spec which they did a day later.

In the meantime I had contacted their Sales department for quotes of higher spec machine for which I would expect to pay the difference. Supplying the service department with copies of the quotes from their sales department stating that I would pay the difference so as to speed up the my recovery time.

Despite being the same company the Service department would not offer me the same price as their Sales department, which in turn would cost me more than the Dell company on paper had quoted.

It can be seen that I have been pro-active in trying to speed things along.

The spec quoted by the Service department fell short on 2 crucial elements which took 2 further days to sort out.


The point that makes this worse is that I had a similar instance with Dell approximately 4 years ago and on their advise upgraded the old machine to the current model to avoid any downtime I was experiencing with that old machine. Lots of discussions were held which ended up with their solicitor telephoning me to say that Dell would not offer any financial consideration for any inconvenience or losses I had incurred on that occasion and would fight any action I may take up.


Therefore I would like to ensure that any steps made now would not incur wasting time and money coupled with the fact that I can see that the amount I would try to recover would be less than £5,000.00.


I am hoping for a delivery in the next 7 days after which it will take a further day to upload the custom software that I use.


I am cautious to act until I get the replacement up and running. Am I right in thinking that this will be a small claims court action.




Chris Parkes

Expert:  UKSolicitorJA replied 2 years ago.
Yes, small claims are worth up to £10,000.

If you need further assistance, please open a new question asking for me only to answer.
Customer: replied 2 years ago.

I think the time is right as to not to pursue this matter any further. thank you for prompt replies it was appreciated. This case is now closed.


Regards Chris Parkes

Expert:  UKSolicitorJA replied 2 years ago.
Welcome and good luck

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