Bought a faulty computer from Dell using a 0% loan

Confused_consumer

Hi Forum,

Happy new year to everyone!!!

I am having a huge problem with Dell, because I bought a broken Alienware computer through them and they will not refund me, so I'm hoping to get any advice if possible.

I'll quickly sum up what has happened so far. I bought the computer through Dell online, it will cost £900 but I got a monthly 0% credit agreement with Creation Finance. the computer was delivered on the 10th of December. It was meant to be a Christmas present for my son, only on Christmas day when he opened his present to switch it on for the first time it wouldn't switch on.

After lots of lengthy (3 hours worth) calls to Dell, they sent out an engineer on the 28th. Engineer replaced the motherboard and found that the computer still wouldn't work. he said he needed to order a new graphics card, networking something or other and it needed another motherboard replacement. This could only be done in the new year.

At this point I got fed up and completely lost all faith in Dell. As my son had done without a Christmas present, I bought him something else. I decided to send the computer back and request a refund.

This is where my real problem has started. I have found that Dell are ignoring my emails and complaints that I have sent by email. When I do get through to someone on the phone they say that as the 7 day period is over we can no longer get a refund and I must put up with them fixing the parts. As I have already been out and bought my son another Christmas present and I now know the quality of Dells computers and customer service and I do not want to buy a reconditioned computer when I have paid for a brand new one. I feel that as I paid for a brand new Alienware not a reconditioned one, that I am getting ripped off.

Therefore I am just wondering if I am in my rights to get a refund, and whether I am protected by section 75 of the Credit Consumer Act because I bought the computer on credit agreement. I would also like to hear from anyone who has had similar issues with Dell/Alienware. I'm wondering if this is common in Alienware computers and whether Dell are knowingly selling people faulty goods?

Any advice would be muchly appreciated

Thanking you

SuperHan

Unfortunately, they are acting within their rights so section 75 is not an option. You were offered a reasonable amount of time to reject the goods (they will not take in to account it was a Christmas present, you should have tested it when it was delivered). Now they have to offer a repair, replacement, refund at their option. They are choosing to repair. They have to do this without significant inconvenience to yourself, but other than that, what they're doing is legally sound.

neilmcl

SuperHan wrote: »

Unfortunately, they are acting within their rights so section 75 is not an option. You were offered a reasonable amount of time to reject the goods (they will not take in to account it was a Christmas present, you should have tested it when it was delivered). Now they have to offer a repair, replacement, refund at their option. They are choosing to repair. They have to do this without significant inconvenience to yourself, but other than that, what they're doing is legally sound.

They (Dell) may not but a court certainly might. It's precisely why retailers have extended returns periods over Christmas because they know there's a chance they could fall foul of the law if not.

SuperHan

Extended returns periods are for unwanted gifts though, in all the stores I can think of? I'm not sure many retailers extended up their exchange of faulty items (or even define it... Most places I have worked look at each faulty return individually and then decide whether it is in a rejectable time frame). This is in addition to statutory rights, so a more of a customer service gesture than playing to the letter of the law.

I agree a court MAY consider this a reasonable time, however they equally may not. A DSR cancellation is always 7 days from receipt, not 7 days from Christmas if you buy in December... Wouldn't the same logic apply here?

shaun_from_Africa

This is how my local Trading standards define acceptance.

Acceptance usually takes place after you have had the goods for a reasonable period of time without telling the trader that you are rejecting them or if you have altered or customised the goods in any way. The period during which you can reject the goods is not clearly defined in law and can depend on the type of goods you have purchased and the facts of the case

If an item was purchased as a Christmas present, then there is a good chance that a court may decide that the reason for the purchase and the inability to fully test the laptop until after Christmas are facts relevant to the case and agree that sometime after Christmas (once the goods have been opened and inspected) would be a reasonable time to reject faulty goods.

I agree a court MAY consider this a reasonable time, however they equally may not. A DSR cancellation is always 7 days from receipt, not 7 days from Christmas if you buy in December... Wouldn't the same logic apply here?

But the matter being discussed is acceptance/rejection under the SOGA.
Unlike the DSR's, this act doesn't have a defined timescale for rejection.

neilmcl

SuperHan wrote: »

Extended returns periods are for unwanted gifts though, in all the stores I can think of? I'm not sure many retailers extended up their exchange of faulty items (or even define it... Most places I have worked look at each faulty return individually and then decide whether it is in a rejectable time frame). This is in addition to statutory rights, so a more of a customer service gesture than playing to the letter of the law.

I agree a court MAY consider this a reasonable time, however they equally may not. A DSR cancellation is always 7 days from receipt, not 7 days from Christmas if you buy in December... Wouldn't the same logic apply here?

This is true.

SuperHan

I agree that a court could rule in favour of OP, but I guess they have no law to force Dell without court proceedings?

You could maybe try section 75 under the quote from shaun, and see how that works for you!

Confused_consumer

Thanks for getting back to me everyone. I did give Dell one chance to fix the computer but it still needs three major things replaced in it before I can get it to work. I know a couple of you mentioned section 75, do you think a 0% credit loan through Creation Finance will be covered by section 75 of the Credit Act? If so I may have a better chance of seeing my money again.

custardy

Confused_consumer wrote: »

Thanks for getting back to me everyone. I did give Dell one chance to fix the computer but it still needs three major things replaced in it before I can get it to work. I know a couple of you mentioned section 75, do you think a 0% credit loan through Creation Finance will be covered by section 75 of the Credit Act? If so I may have a better chance of seeing my money again.

not really. they found it still required parts
givens its 9 days since then engineers visit(including New Year)
I think you need to get realistic on your expectations
personally I make a point of checking gifts beforehand to ensure this scenario is avoided

Confused_consumer

Your right it has been 9 days, but I have been contacting them every day since Xmas day to try to get my money back, and I have kept records of most of my contacts. The only reason it is 9 days is because they are choosing to ignore me and not answer my emails .

But I agree, I was an idiot for not checking the computer in the two weeks prior to Christmas, I was just so busy and I thought that it would have been tested by Dell before they dispatched it. Now I know that was not the case

custardy wrote: »

not really. they found it still required parts
givens its 9 days since then engineers visit(including New Year)
I think you need to get realistic on your expectations
personally I make a point of checking gifts beforehand to ensure this scenario is avoided

melbell

You sadly won't get your money back.