Faulty Dell laptop - can I reject?

prettywowers

neilmcl said:

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.

Feels like a sledgehammer to crack a nut. 
I'll give S75 a go first of all, although it's PayPal, so don't hold out much hope there.

pbartlett

paypal.is not s75 it is the paypal own scheme.

you cannot get s75 from the linked card as using paypal breaks the chain. In future, I recommend you use the card on the dell site not paypal.

neilmcl

pbartlett said:

paypal.is not s75 it is the paypal own scheme.

you cannot get s75 from the linked card as using paypal breaks the chain. In future, I recommend you use the card on the dell site not paypal.

That's incorrect, Paypal Credit is covered by the Consumer Credit Act, and as such Section 75 applies, we're not talking about normal Paypal payments here.

pbartlett

yes you are right i did not spot it was paypal credit. thanks for that.

neilmcl

pbartlett said:

yes you are right i did not spot it was paypal credit. thanks for that.

No problems, easily done 😀

macman

Incredible that a company the size of Dell cannot train its staff to be familiar with CRA 2015.
It did occur to me though, is not Dell headquartered in Eire (as far as UK sales are concerned)? If so, then CRA 2015 would not apply if the contract were judged to have been made outside the UK, and the equivalent European legislation is no longer an option?

Manxman_in_exile

Out of curiosity - and perhaps better to inform the OP - if a consumer attempts to exercise their right to reject the goods in these circumstances, are they obliged to stop using the item in question, or can they continue to keep using it pending some sort of response from the seller?  And is the situation the same with a s75 claim?

Manxman_in_exile

macman said:

Incredible that a company the size of Dell cannot train its staff to be familiar with CRA 2015.
It did occur to me though, is not Dell headquartered in Eire (as far as UK sales are concerned)? If so, then CRA 2015 would not apply if the contract were judged to have been made outside the UK, and the equivalent European legislation is no longer an option?

If the purchase was covered by Irish law in December, I don't see that Brexit matters?  Presumably Eire has similar consumer legislation to UK based on the EU directive.  Leaving the EU won't change that after the fact.

And even if the legislation is an issue, it was established (I think) in another thread last month that s75 CCA applies equally to overseas purchases just as it does to purchases in the UK.

prettywowers

Manxman_in_exile said:

macman said:

Incredible that a company the size of Dell cannot train its staff to be familiar with CRA 2015.
It did occur to me though, is not Dell headquartered in Eire (as far as UK sales are concerned)? If so, then CRA 2015 would not apply if the contract were judged to have been made outside the UK, and the equivalent European legislation is no longer an option?

If the purchase was covered by Irish law in December, I don't see that Brexit matters?  Presumably Eire has similar consumer legislation to UK based on the EU directive.  Leaving the EU won't change that after the fact.

And even if the legislation is an issue, it was established (I think) in another thread last month that s75 CCA applies equally to overseas purchases just as it does to purchases in the UK.

Thanks for that.
Just to update the thread:
I've capitulated into giving them a second repair attempt (I know...I know)...
Reason being, I got the laptop at a discount (it has since gone up in price), and I'm struggling to find a replacement for anywhere near the piece with similar specs.
Further, I suspect that this repair attempt may fail, and as such will put me in a stronger position should it go to court. 
As this will only take another ten days or so, I believe that it's worth it. 

cymruchris

prettywowers said:

Manxman_in_exile said:

macman said:

Incredible that a company the size of Dell cannot train its staff to be familiar with CRA 2015.
It did occur to me though, is not Dell headquartered in Eire (as far as UK sales are concerned)? If so, then CRA 2015 would not apply if the contract were judged to have been made outside the UK, and the equivalent European legislation is no longer an option?

If the purchase was covered by Irish law in December, I don't see that Brexit matters?  Presumably Eire has similar consumer legislation to UK based on the EU directive.  Leaving the EU won't change that after the fact.

And even if the legislation is an issue, it was established (I think) in another thread last month that s75 CCA applies equally to overseas purchases just as it does to purchases in the UK.

Thanks for that.
Just to update the thread:
I've capitulated into giving them a second repair attempt (I know...I know)...
Reason being, I got the laptop at a discount (it has since gone up in price), and I'm struggling to find a replacement for anywhere near the piece with similar specs.
Further, I suspect that this repair attempt may fail, and as such will put me in a stronger position should it go to court. 
As this will only take another ten days or so, I believe that it's worth it. 

Come back once it's been done and let us know how you got on - whichever way it goes - hopefully it'll resolve your problem - but as you say - if it doesn't - it'll give you plenty of ammunition to deal with the issue thereafter.