Do I have to accept this?

freccle

I bought a Dell laptop in August, it developed a fault (ie it wouldn't work) at the beginning of December. They've attempted a repair on it twice the last time back to base (In Germany). Got it back 10 days ago, still has exactly the same fault. Manufacturer has offered to replace it but I don't want another one the same - I have no confidence in the model at all now and I want a refund from the supplier so I can buy a better one. Supplier states I have to accept a repair. Anyone know how I stand legally?

TrickyDicky101

freccle wrote: »

I bought a Dell laptop in August, it developed a fault (ie it wouldn't work) at the beginning of December. They've attempted a repair on it twice the last time back to base (In Germany). Got it back 10 days ago, still has exactly the same fault. Manufacturer has offered to replace it but I don't want another one the same - I have no confidence in the model at all now and I want a refund from the supplier so I can buy a better one. Supplier states I have to accept a refund or repair. Anyone know how I stand legally?

If the supplier is offering you a refund then what is your actual problem?

stuartJo1989

Just wondering but why don't you have confidence in the model any more? You've only ever had access to the one laptop (repaired twice) and it is not necessarily representative of how a NON FAULTY laptop of the same model would function.

I'm not clued up on the NEW consumer rights, but Which? website says this:

If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or a price reduction if you wish to keep the product.

The retailer can't make any deductions from a refund in the first six months following an unsuccessful attempt at repair or replacement.

https://www.which.co.uk/consumer-rights/advice/how-to-get-a-faulty-product-replaced-or-repaired

So, on the face of it, you may well be entitled to a refund for the item.

freccle

sorry, no the supplier is saying I have to accept a repair

DoaM

Then the supplier is incorrect. The Consumer Rights Act 2015 allows the seller ONE repair attempt (section 24 (5)); if the goods still do not conform to contract thereafter then the consumer is entitled to a refund. And if it is less than 6 months since purchase (which it is in your case) then the refund must be in full (section 24 (10)).

Fosterdog

Did you contact the supplier prior to contacting and arranging a repair through Dell? While a lot of the time a supplier uses the manufacturer for assessments and repairs they don’t always and if this supplier doesn’t use Dell themselves and you have never given them an opportunity to repair then they may well be correct in refusing a refund at this stage. If however they do use Dell, or they were the ones who told you to contact Dell then they have had their one attempt at repair.

freccle

Yes I notified Very (the supplier) when it first went wrong. They told me to contact Dell. They tried to repair it remotely and then asked e to send it to them. They returned it 3 weeks later and I'd only got as far as setting the language when it crashed again with exactly the same fault. Very have been notified every step. Dell offered to replace it but this is a laptop I use for work and Ive already been without it for 5 weeks and I don't have confidence in the model any more. I actually want to buy a more expensive model so Very will actually be getting more money off me!

peter_the_piper

Bought a Dell before my current brand. Faulty screen developed. Went back twice for engineer to look at. After third time engineer came down, replaced screen and it worked for 5 years without fault. So just because there was a fault does not mean it will always be a problem.

ps. Although I've had a lenovo for the last 4 years the Dell does start up and run normally when needed just can't get on very well with XP now but it is a useful back up for accounts etc.

shaun_from_Africa

freccle wrote: »

but this is a laptop I use for work

If you purchased it with the intention of using it mainly for work purposes then the contract of sale doesn't fall under the remit of the Consumer rights act as it would have been a business sale.
Even if you only use it at work occasionally, I wouldn't mention this to the retailer as they may well use it to deny the right of rejection.

agrinnall

freccle wrote: »

I actually want to buy a more expensive model so Very will actually be getting more money off me!

For pity's sake, please buy from somewhere that is a) more reliable, and b) has more knowledge of technology than Very.

arcon5

Nothing wrong with buying a laptop from a company like very. Maybe op already knows the specs he wants and needs and doesn't need advise on it.

Sounds like only one repair attempt in reality.

You can spend time and effort trying to argue whether you have the right to reject or not yet or get a brand new one sorted straight away. Id take the latter simply on the grounds your right to rejection is ambiguous at present As well as the fact it was bought for business