Unreliable laptop - what can I do

Fosterdog

What are they saying that they are repairing each time? Have they agreed that it has a fault or are they sending back as no fault found!

unholyangel

Lomcevak wrote: »

I could do this, but getting legal is my last resort, really - I'm fairly sure I have the right to reject the laptop (and have had, for a while), but I'm no lawyer and I don't want to start quoting statute without understanding it (e.g. how s.24 is caveated by s.20). If nothing else, things get slow when you start writing letters.

I'd rather just get agreement from customer services to refund, that'll be much quicker, so I wanted to confirm that it doesn't matter what Dell do or don't agree with the retailer, my statutory right to refund is for the retailer to uphold, and if there are any suggestions of how best to bypass the person who insists that Dell agree to a refund.

Slower than waiting a month for a repair only to end up back at square one?

A letter before action isn't legal action. Its a warning that you may begin legal action against them if the matter is not resolved in a satisfactory manner.

You're just basically going to say on x date bought x laptop for £x. Delivered x date. First reported as not conforming to contract on x date. Despite x attempts at a repair/replacement, the goods still do not conform to contract therefore you are exercising your right to reject under the Consumer Rights Act. As the goods didn't conform within the first six months, you are seeking a full refund. If a full refund is not received within 14 days from the date of this letter, you reserve the right to commence legal proceedings without any further warning - at which time you will also be claiming any costs & reasonable losses incurred.


Providing theres a decent basis for your claim, this will get most genuine retailers to pay up - because its not worth risking x for a solicitor or employees wages to defend it when even if they win, recoverable costs are severely limited in small claims (so they'll still be losing money).

There is also nothing forcing you to go ahead with legal action or to stop you sending another LBA. Before any legal action anyway you should weigh up the pros & cons and only proceed if you are happy with it - not what anyone else thinks. As for the letter, as I said nothing stopping you sending more than 1 LBA but I'd definitely limit it to 2 maximum (1 preferably) as otherwise your legal threat (as such) loses its conviction.

neilmcl

Lomcevak wrote: »

I could do this, but getting legal is my last resort, really - I'm fairly sure I have the right to reject the laptop (and have had, for a while), but I'm no lawyer and I don't want to start quoting statute without understanding it (e.g. how s.24 is caveated by s.20). If nothing else, things get slow when you start writing letters.

I'd rather just get agreement from customer services to refund, that'll be much quicker, so I wanted to confirm that it doesn't matter what Dell do or don't agree with the retailer, my statutory right to refund is for the retailer to uphold, and if there are any suggestions of how best to bypass the person who insists that Dell agree to a refund.

You do, and the way to exercise this right, as already explained, is to send an LBA.

CardinalWolsey

And an LBA can be the best way of ensuring that the most appropriate person can look to resolve the issue (i.e. by refunding), without going around the houses of an out-sourced call centre.

wealdroam

Lomcevak wrote: »

I could do this, but getting legal is my last resort, really - I'm fairly sure I have the right to reject the laptop (and have had, for a while), but I'm no lawyer and I don't want to start quoting statute without understanding it (e.g. how s.24 is caveated by s.20).

Then read The CRA's Explanatory Notes on S24.

In there you will see:

Section 24: Right to price reduction or final right to reject

136. The section provides that, if repair or replacement was impossible or if the consumer’s goods continue to be substandard after the consumer has either:

already undergone one repair or replacement of the goods by the trader; or

sought a repair or replacement but this was not carried out within a reasonable time or without significant inconvenient to the consumer,

the consumer may either:
keep the goods and insist on a reduction in the price; or

reject the goods and obtain a refund which may, in some circumstances, be subject to a deduction to take account of any use the consumer has had of the goods.

angryparcel

when i need to send an LBA i use Thomas Higgins and then if that fails i use Express Debt Collection

Lomcevak

Thanks everyone - customer service called Dell, who apparently want it back to replace the hard disk, I've said no. They're thinking about it.

I'm not prepared to accept it going back for repair again, so if no progress by the time they call me back later i'll go for the LBA.

Fosterdog wrote: »

What are they saying that they are repairing each time? Have they agreed that it has a fault or are they sending back as no fault found!

It isn't being returned as no fault found - second repair was reported as "PROBLEM WITH DMI OR BIOS" but "NO PARTS REPLACED", I think they just reflashed the BIOS but Dell support had already tried this with me and it didn't help. The third one's a little complicated as they sent me the paperwork for someone else's laptop repair but having queried it, I was told it had a motherboard replacement in the third repair. That is probably true, as the wireless MAC address has changed since it last went off for repair.

Fault after the third repair is still identical to the issue before the second repair, so whatever they are doing isn't helping.

photome

I am really shocked at JLs response, they are one of the better retailers when it comes to customer services , I thought they would have replaced by now

angryparcel

Lomcevak wrote: »

Thanks everyone - customer service called Dell, who apparently want it back to replace the hard disk, I've said no. They're thinking about it.

I'm not prepared to accept it going back for repair again, so if no progress by the time they call me back later i'll go for the LBA.




It isn't being returned as no fault found - second repair was reported as "PROBLEM WITH DMI OR BIOS" but "NO PARTS REPLACED", I think they just reflashed the BIOS but Dell support had already tried this with me and it didn't help. The third one's a little complicated as they sent me the paperwork for someone else's laptop repair but having queried it, I was told it had a motherboard replacement in the third repair. That is probably true, as the wireless MAC address has changed since it last went off for repair.

Fault after the third repair is still identical to the issue before the second repair, so whatever they are doing isn't helping.

Dell are usually good at CS and support, Used Dells for the last 25 years and any support has been great.
search for their CEO email address and email their CEO asking for them to replace or provide a letter/email you can present to JL authorising them to replace the laptop

Lomcevak

photome wrote: »

I am really shocked at JLs response, they are one of the better retailers when it comes to customer services , I thought they would have replaced by now

I'm am disappointed with it, I purchased from John Lewis because I thought i'd get good customer service - it was £1000 to buy, so a serious outlay, and I wanted to be sure that I'd get support if there were issues.

They've been very polite on the phone, but don't want to own the problem - "bring it in to store and we'll return it to Dell" are all they'll offer. Worst though is that the things I've been told about my options frequently just aren't true (there's a general resistance to accepting it back, the highlight being the very rude support manager who insists their T&Cs override any statutory rights and I had to accept whatever he offered because "I signed up to them when I ordered so it's my fault if I don't like them" ).

Dell are usually good at CS and support, Used Dells for the last 25 years and any support has been great.

It's a really nice laptop (when it works) so until recently would happily have accepted a straight replacement, rather lost confidence recently though.

The Dell people I've talked with have done the right things in the right order - although slowly - and what they call 'product engineering' (I think) seems to be much better than the front-line support people, who aren't allowed off-script. I'm less confident that whoever does the repair is putting in much effort though, especially on the second attempt. Main problem there is that they send me back to JL for replace / refund questions, as I didn't buy from Dell. Would probably have got better service if I had gone direct.