Taking Dell to Small Claims Court

BaldacchinoR

There seems little doubt about what has happened. You ordered from dell.co.uk so your contract is with Dell UK. It does not matter who supplied the laptop. This is similar to the situation where the goods are faulty, you go back to the retailer and the retailer says its the manufacturer's problem; it is not of course because your contract is with the retailer; you have no contract with the manufacturer.

It might be useful to find out the exact relationship between Dell UK and Dell Dublin - or it may well be irrelevant for the reason given above. Dell UK may wholly own the Irish set up. Incidentally, you can sue a foreign company if it trades in the UK, as it must have a legal entity in the UK to trade here. With such a well know outfit as Dell, it would seem unlikely that they would not pay a judgement against them. Some big companies don't bother to defend small claims and in such a case you will win by default. You probably have a telephone lawyer service included in one of your insurance policies - car or home for example - so use it. Get some free professional advice - there's Citizens Advice Bureaux too.

As for being out of warranty, the common (case) law on faulty goods is well established and you can ask for a repair up to 6 years after buying the product. That is your statutory right. With this type of product, it may become obsolete as a model within 2/3 years so you may be offered a replacement instead of a repair. That's up to the supplier - getting a replacement is not part of the statutory right. The actaul length of time applicable in a particular case depends on how long it would be expected to last bearing in mind various factors including how much you paid for it, how much it has been used (has it had above average use?) and the type of product it is. How long should a laptop with average use last if it cost e.g. £400? 4 years maybe? Again, some legal advice might be helpful.

Good luck with your case - I think you have a good one.

dellvictim

BaldacchinoR wrote: »

You ordered from dell.co.uk so your contract is with Dell UK. It does not matter who supplied the laptop. This is similar to the situation where the goods are faulty, you go back to the retailer and the retailer says its the manufacturer's problem; it is not of course because your contract is with the retailer; you have no contract with the manufacturer.

Right, I agree. They aren't attempting anything like Ireland blaming UK or vice versa - I'm merely concerned that I serve the claim on the correct legal entity, the one I actually did the transaction with. Even if Dell Products Dublin is wholly owned by Dell UK, that doesn't mean I can take Dell UK to court in the first instance - merely that if I am successful against Dell Products Dublin that I may eventually be able to claim the judgement from Dell UK.

If the invoice states Dell Products Dublin, with their registered address and (Irish) company number, that surely means that's who my transaction is with?

BaldacchinoR wrote: »

Incidentally, you can sue a foreign company if it trades in the UK, as it must have a legal entity in the UK to trade here.

Not sure how I go about doing that? I've had a look at Companies House for Dell Products in the UK, but it only turns up something in Pershore, Worcestershire - what looks to be a high street/residential address. How do I find out what the UK legal entity is?

BaldacchinoR wrote: »

Some big companies don't bother to defend small claims and in such a case you will win by default.

That's definitely what I'm hoping.

BaldacchinoR wrote: »

you can ask for a repair up to 6 years after buying the product. That is your statutory right. With this type of product, it may become obsolete as a model within 2/3 years so you may be offered a replacement instead of a repair.

I was under the impression that I had the right to replacement/repair or a refund? How do I set a value in my court claim on the repair/replacement? If the judge orders them to replace/repair, and they don't do it, what then? I can't get the bailiffs to force them to repair it :P

vikingaero

Google "Nvidia defect Dell" for some advice. And check out this thread:

http://www.nvidiadefect.com/post623.html#p623

Equaliser123

dellvictim wrote: »

Indeed.

That said, their 'defence' to date is about the warranty, but that doesn't tell me what their defence will be in court - it could well be based on the specific fault, so I'm resigned to procuring an engineers report if ultimately necessary. It'd be sensible to have this in my initial submission, rather than relying on being asked for it and submitting it later.

Of course, in the mean time, it increases my costs, and the amount I might not get back from them if the court decides in their favour on a technicality, or even if I win and fail to collect it from them - hence my concern about chances of success/collection in the first place.

Issue a "Notice to Admit Facts" to them in respect of the fault itself. If they do not accept it and you have to get a report, they will be up against the cost of the report.

Dell do settle straight away upon issue in my experience.

dellvictim

Equaliser123 wrote: »

Issue a "Notice to Admit Facts" to them in respect of the fault itself. If they do not accept it and you have to get a report, they will be up against the cost of the report.

Very very interesting - had a google on that, and I think I understand it, and I found a form to use too. Thanks a lot for the pointer!

One question - do I just include it along with all my documents when I send the claim form, and reference it in the form? And they're then required to respond to that?

Equaliser123 wrote: »

Dell do settle straight away upon issue in my experience.

You mean, as soon as they receive the notice from the court? How many times have you seen this?

I'm still unsure on what legal entity I need to claim against though - I'm sure that doing the wrong one would be an instant waste of my filing fee.

glider3560

dellvictim wrote: »

I'm still unsure on what legal entity I need to claim against though - I'm sure that doing the wrong one would be an instant waste of my filing fee.

The one named on your invoice, at their registered address, unless you have been given another address for service.

Check the terms and conditions also. Even though you've dealt with an Irish company, they may say that English law applies and therefore you can go ahead and sue them in an English court.

dellvictim

Equaliser123 wrote: »

Issue a "Notice to Admit Facts" to them in respect of the fault itself. If they do not accept it and you have to get a report, they will be up against the cost of the report.

Actually, on second thoughts, not sure this helps... I'd still have to get the report and pay for it up front. If I win, I get the costs back anyway. If I lose, I've already paid for it.

Only seems to be useful if they refuse to agree to the admission of facts, and the court subsequently tells Dell to get an engineer's report, and I still lose? Or did you mean something else?

dellvictim

glider3560 wrote: »

The one named on your invoice, at their registered address, unless you have been given another address for service.

Check the terms and conditions also. Even though you've dealt with an Irish company, they may say that English law applies and therefore you can go ahead and sue them in an English court.

That's the Irish one then, at their address in Dublin.

The current T&C's say English law does apply (don't have the one's from 2 years ago)... so then I just sue the Irish legal entity, in the English court?

OK, beginning to make sense, hopefully.

JamesY_2

Esqui wrote: »

Have you provided them with proof that the fault was inherent?

It's well known that nvidia 8600m cards have bump issues.

Equaliser123

dellvictim wrote: »

Actually, on second thoughts, not sure this helps... I'd still have to get the report and pay for it up front. If I win, I get the costs back anyway. If I lose, I've already paid for it.

Only seems to be useful if they refuse to agree to the admission of facts, and the court subsequently tells Dell to get an engineer's report, and I still lose? Or did you mean something else?

No, it puts them at risk of costs if YOU are required to prove the facts. They will use a relatively small firm to defend the claim - Geoffrey Leaver & Co. generally. To be fair, they are fairly pragmatic and will recommend a settlement pretty quickly.