Faulty Dell after four weeks - compensation

rcssmb

superscaper wrote: »

They haven't breached anything.

They havent breached SOG!

Sale of Goods Act 1979 (as amended), i.e that goods be of satisfactory quality, as described, and fit for their purpose, durable...

Trashed right through that. And yes there are remedies for breach even if they are nominal.

A breach of contract can be established even if there is no actual loss. In that case there will only be an entitlement to nominal damages.

Begining to see how multinationals get away with it. Guess you beleive the sign in your town car park that says ' wont be responsible for loss or damage....'

So much for consumer revenge, where is Martin when you need him?

superscaper

rcssmb wrote: »

admittedly in the techie sub section perhaps you are lost and need to go to the pcpro forum?

The techie board is helping people with technical problems. You really aren't going to win anyone over with your attitude. :rolleyes:

superscaper

rcssmb wrote: »

They havent breached SOG!

Sale of Goods Act 1979 (as amended), i.e that goods be of satisfactory quality, as described, and fit for their purpose, durable...

Trashed right through that. And yes there are remedies for breach even if they are nominal.

A breach of contract can be established even if there is no actual loss. In that case there will only be an entitlement to nominal damages.

Begining to see how multinationals get away with it. Guess you beleive the sign in your town car park that says ' wont be responsible for loss or damage....'

So much for consumer revenge, where is Martin when you need him?

Neatly ignoring the provisions in the law allowing the retailer a chance to resolve inherent faults. e.g. repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the transferee

albertross_2

Just because I come to this site, doesn't mean I agree with everything that goes on on it, the consumer revenge logo, whatever it means, is nonsense to me, as are many of the other goings on to squeeze every last drop of money out of this company and that company. It just leads everyone into a false (and obsessive) sense that the consumer is always right, when often they are not.

Businesses exist to make money, something they will always do, regardless of this site.

Taxes would go up, because goods would cost more.

Vomityspice

If people were able to claim for these types of compensation then the £500 laptop would cost £1000+ to cover the liability insurance they would have to take out to cover for every eventuality.

For example: In your world, I was going to go and buy a Porsche for £1 when the laptop that I was using crashed. I was unable to buy the car and now it is sold to someone else. I want you to pay me for the cost of a new Porsche as it's your fault! Are you serious?

The SOGA gives the consumers certain rights but Dell haven't done anything wrong. You told them your laptop was faulty and they are replacing it.

I don't wish to appear rude, but just because no one agrees with you doesn't mean your wrong! Why not go and see a solicitor and talk about your cliam. Let us all know how positive they feel your chances are.

It's no good moaning about the responses, they are just politely telling you that you are misguided.

rcssmb

superscraper, they have GOT to do both. Remedy by replacement or refund doesn't mean they havent breached and damages flow from a breach even if they are only nominal.

I dont want you to go to pcpro forum but thought you pretty much told me to get lost for seeking consumer advice here - I love Martin and (apart from the whole bank charges thing) support what is done here. I didnt even want legal advice - studied hard enough at Uni to not need that. Ignore this post if you feel it is misplaced. ;-)

superscaper

rcssmb wrote: »

I didnt even want legal advice - studied hard enough at Uni to not need that. Ignore this post if you feel it is misplaced. ;-)

So what was the purpose of the OP then? You obviously didn't actually want to hear any replies unless they agreed with you.

Vomityspice

You obviously know nothing about contract law!

A breach of contrcat is a civil wrong. It is not a criminal offence. Although punative damages can be awarded in tort action (see Kuddus v Chief Constable of Leicester Constabulary(2001) UKHL 29), they cannot be awarded in purely contractual action, even when the defendant had calculated that he would made a profit from his breach of contract (Addis v Gramophone Co Ltd (1909) AC 288).

If you are unhappy with Dell's nominal breach (which is in fact not a breach of a term rather a breach of warrenty (legal term!)) then return the goods! Your maximum damages are what you paid for the laptop! How are you losing?

isofa

I complete agree with the other posters - rcssmb seems to be on a vendetta, I don't know how much your professional time costs - but you must have already wasted much more than the inconvenienced of a few days without the computer.
Presumably you are billing Dell for your time too?!

Dell are putting it right by giving you a new PC - how on earth can you argue with that? I think you've done well to get that far, if you keep pushing it, I wouldn't be surprised if Dell flag you up as a nuisance customer, and then your level of service will fall through the floor!

If you really think you have a legal case, take them on, but in 6-12 months time you'll be licking your wounds and a large bill for your and their legal fees. If you were studious enough at Uni you'll know not to waste your time. Vomityspice explains the legal nuances above very well.

You need some points of reference in your life!

I'm not being harsh, I'm being realistic.

rcssmb

superscaper wrote: »

So what was the purpose of the OP then?

Two fold really,
let people know that their work experience of Dell may differ redically from their personal one (almost a public service :rolleyes: )

and obtain some consumer advice, not legal advice.