Trouble with Dell

  Duby 20:10 06 Jun 2005

I purchased a Dell Inspiron laptop in May. Two days after it arrived it came up with a blue screen error saying Windows had recovered from a serious error and the computer had been stopped to prevent further damage. To cut a long story short after several phone calls to Tech Support Dell agreed to replace the faulty laptop on 12th May. Nothing has happened. They said it would take upto 10 days. After me ringing several times, they said that the replacement system was on hold as they were waiting for a part. They can't give a date when the swap will arrive. So we have this useless computer and no replacement in sight. Don't know what to do; they say I'll just have to wait and that they'll let me know when the new system is ready. Not feeling too optimistic, I'd have thought that Dell are building computers all the time. It seems a lame excuse. They didn't let us know of any delay.

  accord 07:58 07 Jun 2005

i think this is correct but i stand corrected if not.

as it failed within the first 7 days you can demand your money back. this is a condition of the distant selling act or something like that.

Other members on this forum will advise accordingly.

  Duby 08:33 07 Jun 2005

Thank you for your reply, Accord. I was told by Dell that I couldn't have a refund as it was after 7 days that I decided to reject the system; even though it hadn't worked after two days. They got me to run varoius tests on the system and sent me a Windows disk to re-install windows. They finally agreed to a swap when I wouldn't remove the memory and test the machine for the faulty module. We paid for a three year onsite warranty. But they wouldn't send any one out until they could find what the fault was. As they argued that an engineer would not necessarily have the right parts and it would be a wasted journey.Would the 7 day refund apply as the machine wasn't working in the first week? The laptop has been unuseable.

  spuds 10:39 07 Jun 2005

The Consumer Protection [Distance Selling] Regulations 2000 would not apply, as this covers total rejection within 7 days, for whatever reason. click here

You may have a claim using the Supply of Goods and Services Act 1982 click here It is not for you to remove components or do non-basic service checks on a new computer, and that is what Dell are telling you to do. If you have paid for a three year on-site warranty, then that is what you should expect, unless of course, the problem is via non Dell installed software.Whether the service engineer carries sufficient spares, is not your concern, that's for Dell or the service engineer to worry about.

Consumer law can be a little confusing at times, and you need to be careful as to whether you agree to reject the laptop or whether you agree to have a replacement model.These two simple words,agree to 'reject' or 'replace', can make a whole lot of difference, in deciding an outcome.Always best to keep details of all telephone conversations and agreements. You could have a course of action to reject the laptop within the first six months, if you consider the laptop was 'not fit for the purpose' and the manufacturer is at fault.

  spuds 10:42 07 Jun 2005

Should have stated Supply of Goods and Services Act 1982 [as amended]. New regulations have been added since 1982.

  TomJerry 12:05 07 Jun 2005

you can only reject "Off the self" product, any product with any "customization/modification" cannot be rejected, I understand that all Dell PC/Laptops are "individually made/customzation"

You should complain strongly and ask for a replacement with "equivalent or better" specification. If you are luck, Dell may throw in some free extra.

Ask to speak to a supversior who can made decision when you phone them again.

  achilles 12:16 07 Jun 2005

The Distance selling regs were written with PCs specifically mentioned in the consultation stage to cover just such a question.

"Customisation" means something that is not available to everyone. If Dell built your PC from a drop down menu of common options, it's not "customised".

If you asked Dell to put a sky blue pink video card in, which they don't advertise as part of the options package, then it's customised.

The new Sale of Goods Act gives you the option of what you want to do if the goods are rejected in suitable timeframe. If you have gone for a replacement and that has not been delivered in an agreed or reasonable timeframe, you can go back to a rejection.

  wee eddie 14:01 07 Jun 2005

You purchased the Dell in May. They agreed to replace it on the 12th May and offered an expected turn around of 10 days.

Therefor 10 days finished on the 22nd May.

They later explained that there was a shortage of a certain part and they could not give you a specific delivery date, which was just over 2 weeks ago.

Dells are built to order, frequently in the Far East, and if they were awaiting a specific part you might allow them at least time to ship it.

Normal UK delivery is 4 days, and I would assume that delivery from the Far East to the Distribution Depot in UK might take almost as long.

I think that your currently expecting miracles.

  Duby 16:48 07 Jun 2005

Thank you for your replies. I rang on 23rd May to find out when the swap would take place and was told that Dell would be in touch soon.On 27th May I contacted Dell to find out when the swap was likely to take place. They said that they'd look into it and ring back.They didn't. I rang again on 1st June, they told me that the order was on stop and that they were waiting for a part. I rang again yesterday (6th June) and was told the machine was still on stop because of waiting for a part and they couldn't confirm a delivery date.

  [email protected]@ 17:05 07 Jun 2005

That your exchange laptop is not a reconditioned item, sounds like they could be waiting for a part to repair someone else's rejected machine.

It is not uncommon for companies to try this one on the unsuspecting customer. I know because it happened to me (but not by Dell I must add).

  ramsay29 19:17 07 Jun 2005

I don't think Duby is expecting miracles only a laptop that works. Which surely is not much to expect of a new machine.

Dell maybe design to order but is Duby's laptop got some really unusual part that isn't in other laptops?

If not then Dell will not be able to sell any if they are waiting for parts.

Hope you get some action soon Duby. Shame on you Dell!!

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