Dell Promised a Replacement Within the 30 days. But changed their mind.

Ergates

GDB2222 said:

I wouldn’t worry about proof. If you do end up in court, it will be a civil case, and the photo evidence will be absolutely fine. It’s not like a criminal case where evidence has to be beyond doubt. 

Even if it was, the burden of proof would be on them

dumpster_fire2025

theFlash said:

born_again said:

In the mean time you need to keep at Dell.
As they can reject the chargeback  on the basis you still have the goods.

Can  you confirm that this is a consumer purchase & not a business one?


Given the mention of "onsite service as per the Fix-on-Fail warranty." Have they not arranged to send a engineer out to look at the computer?

Thanks. Its a consumer purchase.

I would never accept a repair on a brand new item, so did not agree to their 'Fix on Fail' option. It was a faulty item from opening. I reported this to their technical support department. When it was clear they were asking me to take bits out of the computer and put my own items in, I asked Customer Care what my options were and they offered a replacement or refund, as I was within the 30 days

With the greatest of respect it's a computer. A "repair" is going to be a replacement part being fitted, they won't be cracking out the soldering kit in your kitchen.

Honestly they might take more care fitting the replacement part than the assembly line did fitting the original one in the first place.

dumpster_fire2025

GDB2222 said:

theFlash said:

Out of interest, and hopefully not that it will happen, but if it does end up in small claims court, who makes a big company like Dell pay?

It’s not like anyone can afford to send bailiffs to Texas or India/China.

This is a bit hypothetical, but you can apply to the local court to enforce the uk judgement, then appoint the  local equivalent of bailiffs to go round and make a nuisance of themselves until they get paid. 

I’ve never had to do that, but I did sue Scottish Power. As far as the English courts are concerned Scotland is a foreign country, so I went through most of the steps to enforce the judgement, adding costs at each stage. Eventually, someone at SP realised that they would be silly having bailiffs at the door, and they coughed up. 

They will only apply it if there are equivalent local laws though, as Ofcom is about to find out with 4Chan...

theFlash

dumpster_fire2025 said:

theFlash said:

born_again said:

In the mean time you need to keep at Dell.
As they can reject the chargeback  on the basis you still have the goods.

Can  you confirm that this is a consumer purchase & not a business one?


Given the mention of "onsite service as per the Fix-on-Fail warranty." Have they not arranged to send a engineer out to look at the computer?

Thanks. Its a consumer purchase.

I would never accept a repair on a brand new item, so did not agree to their 'Fix on Fail' option. It was a faulty item from opening. I reported this to their technical support department. When it was clear they were asking me to take bits out of the computer and put my own items in, I asked Customer Care what my options were and they offered a replacement or refund, as I was within the 30 days

With the greatest of respect it's a computer. A "repair" is going to be a replacement part being fitted, they won't be cracking out the soldering kit in your kitchen.

Honestly they might take more care fitting the replacement part than the assembly line did fitting the original one in the first place.

In this case the replacement part would be the largest component in the computer - the motherboard, and possibly the GPU. The level of competence of some of the service engineers (not all) has been questioned by many. 

Besides, why should I waste time letting them diagnose by swapping parts out when I am entitled to start again.

GDB2222

With due respect, anyone who can do Lego is capable of swapping out a motherboard.  I think you are making a meal out of this, and the result is that you have been without a computer for ages. 

This is a consumer rights forum, but you also need to think about what is practical. 

theFlash

Thanks, for your reply. I should clarify that they offered a replacement with new warranties before I asked for it. They did not say it was not practical, they said it would be easier. 

If it was a TV I'd opt for a refund not a repair if it was faulty when I initially switched it on.

I appreciate your advice here. I do disagree but you'd probably need to see all the messages to understand this. 

There is no guarantee that it is the motherboard. The error message could point to several of the major parts.