Dell faulty laptops and legal rights to collect

[SBOslayer]

Hey all,

 

I'm not entirely sure this is the right forum for this, but here it goes If not feel free to move it

 

So two years ago I bought a Dell Xps Studio laptop for those of you who have had them you will probably realise the nightmare they are. After 3 months of faults and a 3 year business warranty dell replaced the system and did not collect the old one. I stated this to them, however it seemed to go quietly ignored. I then kept the laptop away for a while and finally someone came to collect the laptop as I had received the replacement, which turned out to be also faulty. In any case it disrupted my studies etc not having the laptop.

 

A year later the issues had gotten so bad on my replacement, Dell asked to give me a refund or replace the system with a brand new up to date system. I had to pay an additional £100 for a system that was on par with my own and apparently more up to date. I must also state they told me I had to pay a base amount of £100 for the system regardless as it was an upgrade. I had a massive fight about reinstating a 3 year business warranty on it also. I have had problems with this system. In addition the upgrades also only cost about £52. Dell also originally stated I paid less for the laptop than they were willing to give till I emailed the old receipt. I am still awaiting collection for the old one 5 months later. I got in contact with Dell by mail to complain, however they have turned it into a legal battle in regards to the collection of the First laptop. The first laptop was faulty and I don't understand why they would think I'd keep it. I informed them it had been collected over a year ago and they stated that it hadn't been.

 

They have stated it was never returned to them. So are threatening legal action in which I am will to fight with them about. I have two questions can Dell legally replace goods with a charge? Also even if the laptop wasn't collected how many months until the laptop would be written off by Dell if they failed to collect the system? and How many months to they have to legally collect faulty goods? The only reason I ask the second question as it did take 6 months for them to collect the system and I wasn't even aware the courier was coming that day to collect it. Therefore I'd like to use that against them if they state otherwise. If the system could not be collected beyond said date I could argue that in my case.

 

Thank you for all your help in advance. Any assistance is appreciated

[Legislation]

According to Part 5A of the Sale of Goods Act the seller must bear any "necessary" costs incurred in replacing goods, for labour, materials or postage etcetera, but if they offered a refund instead it is dubious to claim that the costs were necessary.

 

The replacement appears to be that much more of a voluntary agreement, discretely negotiated, not so relevant to the original contract of sale, nor to consumer law so the collection issue would be down to what was agreed. What you need to read is your correspondence with Dell.