Company refusing to refund me

imamutant

Hi all

Apologies for lack of information, in a rush!

Im not 100% sure, but I believe im entitled to a replacement/refund. But the company are refusing.

I purchased a laptop from DELL in 2014 (While ago i know). It had a fault when it arrived, which was fixed. Then another fault appeared. Then another. Then another. Then a lot more. This laptop has alot of faults. I contacted their customer support team many many times since i bought this laptop. Alot of times they didnt reply to me. I requested a refund in 2015 (Still under warranty i believe) and I didn't get a reply. Now the laptop has so many faults i just cant take it any more and I want a refund. I have a dont a bit of research and it seems im protected by the consumers rights act? Since the customer service were ignoring me, I emailed the chairman of Dell. This made me get a reply the next day from someone higher up than standard customer service. We spoke on the phone today and have been emailing. I stated that [FONT=&quot]Even though my warranty has expired, I am still protected. Under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described. As I was sold a faulty system, I have a claim under the Consumers Rights Act.

[/FONT][FONT=&quot]Now the guy im talking with is accusing me of lying, saying they have repsonded to my emails (They havent, im looking at them right now). And is refusing to refund/replace. He asked me to do this diagnostic check on my laptop and send the report back to him of faults the come up, etc etc etc. And that I will have to pay to repair them. Surely thats not right? What are my rights here? I havent replied to his last email where he wants me to do the diagnostic check and says i will have to pay to repair it.
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AnnieO1234

Firstly where did you buy it?

Did you go back to the retailer or straight to Dell with your complaints?

Did they ever have the laptop back for repair? What were the outcomes?

Did you buy on finance/credit card?

TadleyBaggie

imamutant wrote: »

I have a dont a bit of research and it seems im protected by the consumers rights act?

imamutant wrote: »

Even though my warranty has expired, I am still protected. Under the Consumer Rights Act.

Your research was flawed, since the purchase was before October 2015 any rights would be under the Sale Of Goods Act (SOGA).

shaun_from_Africa

imamutant wrote: »

and I want a refund. I have a dont a bit of research and it seems im protected by the consumers rights act?

The contract of sale is covered by the Sale of Goods Act and not the Consumer Rights act.
This is because the CRA came into force in October last year and it's not retroactive.

Under the SOGA, the onus is on you to prove that any fault is due to an inherent defect (something that was there at the time of sale but bot necessarily apparent at that time).
If you can prove this then the retailer should provide a remedy and another repair is acceptable for this.

unholyangel

The Consumer Rights Act applies to purchases made on or after 1st October 2015 - as you purchased yours in 2014, this means your contract is not covered by the CRA and is instead covered by the sale of goods act.

After the first 6 months, its for the consumer to prove that the fault is inherent and has not (for example) been caused by misuse or natural wear & tear. This is usually done via independent report.

Once you have proven there is an inherent fault, the retailer is liable to provide a remedy. You can request one remedy over another (repair, replace or refund - which may be partial to take into account usage you have had) but the retailer can refuse if your chosen remedy is disproportionately costly or impossible. Any repair/replacement should be carried out within a reasonable time and without causing significant inconvenience.

What is the problem with the laptop? Have you done diagnostics to ensure its not user error/misuse?

imamutant

I purchased the laptop from Dells website using debit card

imamutant

Thanks for the replies guys.

Ok I understand. There are many problems with laptop. None that I have caused. To name a few;
Touchpad not responsive until restart.
Audio + Video not working until restart
Laptop will not turn on with full charge or respond atall until battery removed, power button held down for 1 min, then battery placed back (This resets it).
Wifi does not work.
I could name alot of problems. They have been coming and going since the day i recieved it. I dont understand how i can prove it to them though??

agrinnall

imamutant wrote: »

I dont understand how i can prove it to them though??

As you've been told already, pay for an independent report to be written, which you'll need anyway given the length of time that has passed since purchase.

DCFC79

You need to contact someone who repairs laptops/computers, ask them if they could provide you with said report.

bod1467

Are these definitely hardware issues? Have you wiped and reinstalled the operating system to rule that out as the issue? (Or at least tried a Linux LiveCD to see if the issue remains when trying a different OS).

Fosterdog

It does sound software related to me too, at least all except the needing to remove the battery and hold down the power button before startup (ATX reset) although that could equally be caused by needing a BIOS update or the electrics in your home.

What OS did it come with? Have you tried a factory reset? Have you upgraded to Windows 10?