Faulty Dell laptop - can I reject?

macman

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.

I was thinking more along the lines that it is now not possible to launch an action in Eire as a UK resident: you would need to employ a lawyer in Eire to do so.
It's not just about jurisdiction, it's about the practicalities of enforcement.

Manxman_in_exile

s75 then and the position in Eire is irrelevant.

unholyangel

macman 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.

I was thinking more along the lines that it is now not possible to launch an action in Eire as a UK resident: you would need to employ a lawyer in Eire to do so.
It's not just about jurisdiction, it's about the practicalities of enforcement.

EU conventions allow them to bring action in their country of residence. They'd just have to do it the old fashioned way by paper application rather than mcol

 
ETA: whole discussion is moot anyway as dell states choice of law as English law and that English courts have jurisdiction

prettywowers

cymruchris said:

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.

Will do. Thanks.

prettywowers

All, just an update on this one:

Finally got Dell to take the laptop back, indeed, they briefly withdrew the model from sale as they didn't have a fix for it.

They did offer me a number of inferior models as a replacement.

Needless to say... I spent another £500+ on a top-spec Lenovo 

Dell? For me, never again.

cymruchris

That took a few weeks then - good you've got a positive outcome and a working laptop from somewhere else  

Blue_Chill

I'm glad you got some sort of resolution.

I'm going through a very similar process with Dell - an Inspiron 7306 laptop/2-in-1 - but I've got display issues when running on battery power, which makes it unusable as a laptop.

Some of the responses you've quoted here from Dell "Customer Service" are word-for-word the nonsense they've been spouting at me, but they stick to their "policy". At the moment on Dell's UK website I could buy the same laptop as I've got with next day dellivery, but for them to replace mine, they're telling me it'll take up to 30 days!?

I bought the device through PayPal Credit, so I've raised it with them, and I'll see what happens.

Like you, I thought the Inspiron had brilliant spec and features for the money (a better selection of ports than the more expensive Dell XPS equivalent), but it feels a bit like a case of "if it sounds too good to be true..." If Dell can give me a replacement (and maybe some sort of compensation for the nonsense I've had to deal with over the last few weeks) and turn it around in a sensible amount of time, then I'd probably be willing to give them that chance, but I suspect I may be shopping elsewhere for a replacement device.