Can dell do this ?

dazr

New Member
Oct 3, 2009
6
0
0
Can dell do this ? Warranty related

Hi after a bit of advice
My 8800m sli gfx card in my dell m1730 laptop died 5 weeks ago now . Customer relations promised to replace my system this week if it was not fixed with the same or better . When i received my order email the replacement laptop was below the spec of my original.i.e the gfx card was a 8700m which is no where near a 8800 . I called Customer relations and was told the card would be replaced in the replacement laptop when available .So you see im back to square one.
Bear in mind this is not a loan machine to tide me over but a replacement which is of lower spec which i don't want . So i said i wouldn't accept this as a replacement as i have 4 computers in home already . The replacement would be pointless unless it was the same spec.
Cr said OK tough you will now have to wait 2 months for a repair .can they do this especially as i have been waiting for 5 weeks already?
My laptop is 11 months old and i have a 3 year NBD warranty
thanks Dazr
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Dazr,

Dell is both the retailer and the manufacturer. In this case you are making a warranty claim rather than a claim based on your statutory rights.

What you need to do is send them a letter stating that you would like a refund or a replacement as Dell has been unable to repair the laptop within a reasonable amount of time. Bear in mind that replacement doesn't have to be new and can be a reconditioned one of a similar age and if they offer a refund they can deduct an amount for usage.

There is a letter that can be adapted here:

Faulty Playstation 3 Rights | Consumer Information

Ultimately, it might require a Small Claim to progress this. I cannot comment on graphic card specs, but if the judge feels you have been unreasonable your case will be weakened.
 

dazr

New Member
Oct 3, 2009
6
0
0
Hi tony
Thanks for your reply . A couple of questions if i may

Dell offered me a replacement that was below the spec of my original machine
(which i turned down) and replace the card at a later date can they do this? or does a replacement have to be equal to my old spec? Do they have to offer a replacement at all? The way i understood this was any upgrade would be a gesture and i would be giving up my original pc so any further repairs would be based on the lower spec .

Can they force a refund on me? As any refund would mean i couldn't afford to buy a pc of the same spec again so this is not really an option .

many thanks
Dazr
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Dazr,

They can do anything by mutual agreement. The replacement should be the same as the old spec including age i.e. they don't need to give you a new one. I am referring to statutory rights, you would need to check the warranty terms to what that says.

They can force a refund on you if it is uneconomic for them to repair or replace the latpop. Again, this is referring to the Sale of Goods Act rather than the warranty terms.

Tony
 

dazr

New Member
Oct 3, 2009
6
0
0
Hi Dazr,

They can do anything by mutual agreement. The replacement should be the same as the old spec including age i.e. they don't need to give you a new one. I am referring to statutory rights, you would need to check the warranty terms to what that says.

They can force a refund on you if it is uneconomic for them to repair or replace the latpop. Again, this is referring to the Sale of Goods Act rather than the warranty terms.

Tony
Hi tony
thanks for the info :)
Looks like im stuffed then under their toc :) and ill just have to wait for the repair :( .
not very good customer service from dell i must say they have done the bare minimum under their terms to help me get my pc repaired i have been lied to had the phone put down on me and made me feel like it`s my fault my pc has failed .
oh well i will never buy another pc from them again not that they care :)
 

dazr

New Member
Oct 3, 2009
6
0
0
a quick update :) It is now 2 months that i have been without my laptop. Dell customer resolutions are saying that because i refused a lesser spec replacement i will just have to wait for a repair with no time frame as to when it will be repaired they also say i can`t have a refund or replacement . This is becomming a joke . any advice appreciated .
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Dazr,

This is tricky and only a judge would be able to answer the questions. Is it reasonable for them to take two months to repair your laptop?- probably not. Have you been reasonable by not accepting the lower spec laptop? They might argue that you have been unreasonable, but it would be for a judge to decide this.

The only way to get the answer is to take them to court.

Tony
 

dazr

New Member
Oct 3, 2009
6
0
0
Here is an update

Dell eventually agreed to give me a full refund . Well i thought thay had .

My pc was returned to dell on the 10/11/2009 and the refund was supposedly paid on 16/11/2009. I did manage to get them to
confirm in the last email recieved the amount that was supposed to be refunded . As of today there is no refund in my account and they are refusing to give me details of the transaction . I have now contacted my bank and forwarded the emails that i have recieved . What can they do for me? I have a sinking feeling that it will be a long time if ever i see my money back from dell .