Dell XPS - Replacement Laptop Request

jonboyuk

Hello all,

I own a Dell XPS 2-in-1 9310 laptop, which I bought for work in late Nov 2020. It went wrong and I've had it repaired 3 times now and it's still broken. What are my rights in terms of having it replaced? They it looks like they'll repair it over and over again but say it's not their policy to replace.

If you're interested in the story - it's below...

In mid-Nov 2021, one of the internal fans started rubbing against the chassis and was making a terrible noise. So I thought I should get it fixed as I only had a few weeks of warranty remaining. This was the beginning of a painful saga which hasn't been resolved yet.

1st Visit - November

A technician turned up to my house to replace the fan. He called me 10 mins prior to arrival asking me if I'd backed everything up! I said no because it was just a fan. At that point he informed me that the fan was part of a motherboard assembly and in fact they were replacing the whole mobo/cpu/ssd etc as part of this procedure. Thanks for the heads up Dell! Oh and he didn't have any OS replacement media. 

I needed it fixed, and I'm fine with IT stuff, so was able to reinstall the OS myself and retrieve all my data from the cloud.

So he did the work. But he said he'd never opened "one of these before" so clearly blagged it. He brought no mat to work off on my dining table, no anti-static equipment and did the operation. Turned it on, and left. Obviously couldn't show me the OS as it was a blank SSD. Anyway, he said it was okay so I took his word for it.

I managed to get Win 11 reinstalled and noticed that the case wasn't reassembled correctly. It was open down one side and I could see inside the laptop! The mouse trackpad was also higher one side and wouldn't click. He'd also managed to scratch the lid and back of the case in the process. I had to go through many attempts at speaking to Dell technical to get the next visit.

2nd Visit - December

This time, another chap came armed with a new screen, keyboard, mouse, and backplate. On opening it, he found a loose screw under the trackpad, which is why it was elevated in one area. He was replacing anyway so went ahead and effectively rebuilt it. Much better guy this time, with all the necessary equipment. However a couple of weeks later I noticed the TAB key had a hairline crack in it. It also felt strange to press so I complained as the repair was generally okay but they'd installed a faulty keyboard. This took some effort because my original warranty was expired and they make it hard to get in touch once this has happened. Nonetheless I found a way.

3rd Visit - January (at the time of writing)

Another technician arrived today. This time he took it apart, in a very slow and diligent way. He was having trouble however reassembling it. Sadly he put a screw into a hole that was too small at the top left and started to push through some of the plastic on the top plate, so now there's a small dent. He also said, a previous technician had dethreaded some of the screws because they no longer held in the holes. 

Anyway he reassembled. I said I wanted to check it thoroughly before he left (with all due respect of course!) That's when I noticed the screw issue above. However. the space key and the mouse are not working properly!! The mouse doesn't 'click properly' and only the top right hand side of it actually works. The bottom left hand side sends the mouse into some kind of crazy motion, or doesn't do anything. I think the way it's all internally seated relates to the broken mouse and spacebar issue. As an aside, I checked the fresh keyboard before it was installed and the spacebar was fine at that point.

I said to the guy that I was annoyed by this (not at him) but that I can't have this repaired and broken even more once a month. He said that with it being opened and closed so frequently it's caused these issues. He thought that it should be replaced - and I agree. He spoke to Dell on the phone, who just kept asking him if they keyboard was fixed (ie why he was there) and not overly concerned that there were new issues.

If you've read this far, thank you. 

TL:DR - How do I get a replacement?

I need to know how to go about this because some have said yes in the forums, but I've been told on the phone that it is policy not to ever replace a machine.

I've given Dell 3 opportunities to fix this and I feel I've been reasonable. How can I get out of this mess? I can't go for a 4th repair, it's draining my life out of me!

Thanks

TadleyBaggie

Did you buy it direct from Dell or from some other retailer?

jonboyuk

I bought it directly from Dell, online.

MalMonroe

As TadleyBaggie says, where did you buy it from?

I'd complain bitterly to the retailer and remind them of your consumer rights. I've had my HP laptop for over six years now. It's rubbish but it still works - it's on its last legs though because I keep getting that blue screen and a closing down thing. I'm going to get a desktop when it eventually does decide to die on me.

However, your Dell should have lasted much longer than it has. 

Read the info in this link for Citizens Advice information about your rights - and how they can contact Trading Standards on your behalf if needs be. 

Don't put up with any more nonsense. You need to take some positive action to get a replacement.

Link :  https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

visidigi

You bought it for work. Was this a Business or personal use purchase? Was it bought from the consumer or business Dell site?

jonboyuk

Thank you for you comments so far everyone. I bought this through my business account for work purposes, therefore the Dell business site I believe!

arthurfowler

If you bought it from the consumer site, then ask to escalate to a manager (be direct with Dell and insist). Say you have had it repaired three times and would now like a replacement.

Your rights are you can insist on a replacement or refund after only one failed repair. You have had three. 

If a replacement is disproportionate in cost to them vs a partial refund, then they can insist on a refund (which they could depreciate as it is well past 6 months). 

Look, you are not going to be speaking to someone who knows UK consumer rights at Dell CS. But what you can do is explain to them what your rights are under UK law and you would like to either get a replacement or refund. (Section 23 and 23 of CRA 2015): https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted#section-19-3

My advice is to speak to the customer care team. This would be the option which mentions something along the lines of 'speak to someone about an order'. They have more power than the technical team.

Explain succinctly that you have had this repaired three times and now would like a replacement, as is your right under UK law. If not you would like a refund. 

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

Aylesbury_Duck

jonboyuk said:

Thank you for you comments so far everyone. I bought this through my business account for work purposes, therefore the Dell business site I believe!

You aren't covered by consumer law, but you are covered by the terms of the business contract.  What do they offer in the event of failure and repeated incomplete repairs?

jonboyuk

Aylesbury_Duck said:

jonboyuk said:

Thank you for you comments so far everyone. I bought this through my business account for work purposes, therefore the Dell business site I believe!

You aren't covered by consumer law, but you are covered by the terms of the business contract.  What do they offer in the event of failure and repeated incomplete repairs?

I'm not quite sure where to find that information. I'll have a dig around my receipts tomorrow.

jonboyuk

arthurfowler said:

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

That's some very useful advice, thank you. I will definitely attempt that approach. I just need to brush up on what I'm saying first re: legislation.

arthurfowler

jonboyuk said:

arthurfowler said:

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

That's some very useful advice, thank you. I will definitely attempt that approach. I just need to brush up on what I'm saying first re: legislation.

Unfortunately, as you bought from the Business site, that means you won't be covered by the Consumer Rights Act.