Alienware Laptop - Manufacturing Fault

vaio

Forwandert wrote: »

Dell haven't disputed repairing the comp and have said they will repair it. The OP in the last year has never been able to make himself available for collection due to working. Not sure what advice OP actually wants apart from ring Dell arrange a day and book it off at work or arrange collection around a previously book holiday. Or see if the OP can send it themselves so they aren't waiting for a collection.

Yep, but s75 & SOG rights are nothing to do with Dell, it's against the retailer/credit card company and as SOG requires the remedy to be done without significant inconvenience or cost to the consumer then whoever repairs it needs to collect it at a time that suits the OP rather than the other way round.

vaio

somethingcorporate wrote: »

SOGA does not apply if the retailer is bust (as per the OP).

Doesn't it? I thought it does, it's just that there is no point in trying to get anything out of a bust retailer.

Surely it must still apply because with a credit card company involved s75 makes them liable for the SOG rights that would previously have been enforced against the retailer

visidigi

So let me get this straight, you think the credit card company are liable because the person who bought an item that went faulty cannot and will not allow the manufacturer to resolve the problem?

SOGA states they retailer (or manufacturer if claiming under the Collect and Return Warranty) must be given due opportunity and fair time to resolve a fault with a product - if the owner of the goods won't allow that to happen I really can't understand why a S75 claim would be possible.

Even if BB had gone bust or not, if the owner won't allow repair, they can't be entitled to resolution via S75 surely?

CoolHotCold

Buying on a credit card makes both the retailer and credit card supplier equally responsible for any consumer rights or any additional T&C at the time of purchase.

You can go after one or the other but not both, (and only when over £100) the reason most people go down the retailer route is Credit Card suppliers can make it take longer.


Tis the law, I don't make it up.

visidigi

Oh I understand that, and I know that.

But the point is, surely the S75 claim is going to question what you have done and how long this has been happening? I would totally understand if you have made a big effort to get it resolved and failed, or the manufacturer has objected to the repair.

But this is a case which is totally down to the behaviour of the OP, where no effort will seen to have been made to use the no cost repair options available to the purchaser.

To me, sure you could try a S75 claim, but I can't see how/why they would cough up when, what it boils down to is the negligence of the OP to get the item repaired.

CoolHotCold

I was just stating what the Section 75 is.

In this case they could ask for a report stating the fault is inherent.


The OP is just being unreasonable

visidigi

ah okay, I thought I was going mad

CoolHotCold

You are. But thats besides the point.

visidigi

CoolHotCold wrote: »

You are. But thats besides the point.

Dammit!

vaio

visidigi wrote: »

So let me get this straight, you think the credit card company are liable because the person who bought an item that went faulty cannot and will not allow the manufacturer to resolve the problem?

SOGA states they retailer (or manufacturer if claiming under the Collect and Return Warranty) must be given due opportunity and fair time to resolve a fault with a product - if the owner of the goods won't allow that to happen I really can't understand why a S75 claim would be possible.

Even if BB had gone bust or not, if the owner won't allow repair, they can't be entitled to resolution via S75 surely?

SOG rights are against retailer, nothing to do with manufacturer and says that in the event of a fault which was present at the point of sale the retailer is responsible for fixing it without significant cost or inconvenience to the consumer. To me this means that the retailer needs to collect it at a time & place which is convenient to the buyer. Given that we get courier deliveries between 7am & 7pm it seems strange to me that they can't arrange something that suits and that's before you consider collecting it from the OPs place of work or using the Post Office.

As the retailer has gone bust these SOG responsibilities pass to the credit card company under s75 and they are responsible in exactly the same way as the retailer would be if they were still in business.

The warranty with the manufacturer is an entirely different matter, you need to comply with the T&C of the warranty so they can stipulate that to claim under the warranty the computer has to be available for collection between 12 & 2 at the OP's home address or must be delivered to the co-op in Milton Keynes at 10am on Wednesday wearing a morning suit or anything else they care to put in their T&C. (silly examples I know but you get the point)

The OP is (somewhat half heartedly) pursuing this as a warranty claim against Dell whereas I think he'd be in a much stronger & easier position if he used s75 to enforce his SOG rights against his credit card company