Faulty Dell laptop - can I reject?

prettywowers

Hello all, as per thread title - just looking for advice on a bit of an issue I'm having with Dell.

I bought a Dell Inspiron in December (so, its around 9 weeks old). The touchpad lags/sticks, and can be entirely unresponsive for seconds at a time.
I've gone through the Dell WhatsApp support, disabling drivers and programs etc. Including a brand new install of Windows. Nothing worked, so they sent out an engineer who replaced the touchpad.
The issue hasn't been resolved, and even manifests in the BIOS (presumably ruling out issues with windows etc).

I've told them (over WhatsApp) that I think the best way forward would be to return for a refund (as they've now had a chance to repair which has failed). 
They've advised me that "this won't be possible". Are they able to do this?

For info, I paid with PayPal Credit, so presumably section 75 could be an option should it go that far. Thanks all!

George_Michael

Did you purchase it directly from Dell?
If so and providing that you purchased it as a consumer and not a business  then as they have had one attempt at a repair and this has failed to resolve the issue then you do have the right to reject it for a full refund.
This is called your final right to reject (as opposed to your short term right of rejection with is up to 30 days from purchase) and is covered by section 24-5 of the Consumer rights act:
Consumer Rights Act 2015 (legislation.gov.uk)

(5) A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a) after one repair or one replacement, the goods do not conform to the contract;

You should contact Dell again and point this out to them.
If you purchased from anyone other than Dell, did you contact them before going to Dell for a repair?

prettywowers

George_Michael said:

Did you purchase it directly from Dell?
If so and providing that you purchased it as a consumer and not a business  then as they have had one attempt at a repair and this has failed to resolve the issue then you do have the right to reject it for a full refund.
This is called your final right to reject (as opposed to your short term right of rejection with is up to 30 days from purchase) and is covered by section 24-5 of the Consumer rights act:
Consumer Rights Act 2015 (legislation.gov.uk)

(5) A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a) after one repair or one replacement, the goods do not conform to the contract;

You should contact Dell again and point this out to them.
If you purchased from anyone other than Dell, did you contact them before going to Dell for a repair?

The laptop was purchased directly from Dell as a consumer (not business) purchase. 
They sent one of their agents to replace the touchpad (it wasn't a third party).
This is a screenshot of the conversation I had with them:

neilmcl

Have you replaced the drivers for the touchpad?

You need to remind Dell of the legislation as poste in @George_Michael's post above.

prettywowers

neilmcl said:

Have you replaced the drivers for the touchpad?

You need to remind Dell of the legislation as poste in @George_Michael's post above.

Yes, updated drivers, disabled drivers, tried alternative drivers. Updated bios, full windows reinstall, disabled touchscreen.
I've performed hours of research to try and narrow down what the problem is, but I'm stumped. It even freezes when in the BIOS, and that's after a hardware replacement of the trackpad.
Looking at the reviews on the Dell website, there have been a few reviews citing the same issues.

Thing is, I'm going to struggle to get anything with a similar spec. (It's a Dell Inspiron 7506). 

Spank

If it's a problem that could be on the new machine is it worth rejecting?
Can you not just buy a mouse? 

George_Michael

Spank said:

If it's a problem that could be on the new machine is it worth rejecting?
Can you not just buy a mouse? 

Are you honestly saying that you think it's reasonable to keep a faulty laptop that is only about 2 months old and make do with using a separate mouse as a workaround?

prettywowers

Spank said:

If it's a problem that could be on the new machine is it worth rejecting?
Can you not just buy a mouse? 

Really? I don't think it's acceptable to spend nearly £1.5k on a brand new laptop and just accept that a fairly key part of it doesn't work properly.

George_Michael said:

Spank said:

If it's a problem that could be on the new machine is it worth rejecting?
Can you not just buy a mouse? 

Are you honestly saying that you think it's reasonable to keep a faulty laptop that is only about 2 months old and make do with using a separate mouse as a workaround?

Thanks. I could, and indeed have, been using a Bluetooth mouse, but clearly that's not acceptable.

Spank

George_Michael said:

Spank said:

If it's a problem that could be on the new machine is it worth rejecting?
Can you not just buy a mouse? 

Are you honestly saying that you think it's reasonable to keep a faulty laptop that is only about 2 months old and make do with using a separate mouse as a workaround?

No, I'm saying that if as prettywowers says that it's a common problem and could happen on the new machine after a while. Personally I get a refund and buy a different machine

prettywowers

Update: after banging my head off a brick wall with their "customer services", I asked them via twitter. This is what I got back:
i have quoted the CRA (2015) until I'm blue in the face, and have also stated that I wish to invoke my final right of rejection as per the terms of the act. Incidentally, the laptop has now started BSOD'ing citing memory issues...sigh.
Where can I go with this now?

neilmcl

prettywowers said:

Update: after banging my head off a brick wall with their "customer services", I asked them via twitter. This is what I got back:
i have quoted the CRA (2015) until I'm blue in the face, and have also stated that I wish to invoke my final right of rejection as per the terms of the act. Incidentally, the laptop has now started BSOD'ing citing memory issues...sigh.
Where can I go with this now?

Letter Before Action (LBA) and Section 75.