Dell Laptop Exchange

[jwalsh82]

Good Afternoon All,

I am currently in a situation with Dell and I would like to ask for some advice on how to proceed.

 

In May 2008 I had a Dell XPS 1530 which after 2 repairs failed again. They replaced this free of charge for me in August 2010 after threatening legal action and citing the SOGA.

 

They replaced it with a Studio 1558.

 

Now in February 2013, this laptop already having been fixed once for overheating has now failed again. It overheats, fails within 10-15 minutes sometimes (just shutting down). Not only that but the graphics have glitched where all the colours are inverted and some keys don't even work on the keyboard now.

 

I contacted Dell by mail again requesting they replace this again or refund me, otherwise I will proceed with small claims court.

 

Dell called me (and are about to email) to advise they are not willing to play ball and that I should begin legal proceedings. This is because my "original" purchase was 2008. Just because the recent laptop was given to me in 2010, it doesn't matter.

 

What would your advice be in this instance? They want £170 for a repair, that I am not confident will be a complete repair and based on my service history will need to be looked at again within 12 months.

 

Is what they are saying true, that my original purchase date of £600 in 2008 is what counts? They machine they replaced it with in 2010 was £999 at the time and I didn't have to pay any extra difference.

 

I look forward to any advice.

 

Thanks

Jamie

[johnym]

If you can see it from their point of view, you can’t expect them to keep on replacing or repairing your machine indefinitely. You’ve had five years use out of both laptops and I can’t really see them offering you a full refund or another replacement at this point.

[ericsbrother]

the purchase was in 2008, that is the date that their obligations started and no judge would consider that there is any residual obligation under SOGA, even though your current laptop is only 2+ years old. Consider yourself lucky that they gave you a replacement one when they did rather than repairing your old one. Now, do you want to spend £170 on a repair or put it towards a new one. I know which I would do and I wouldnt buy a Dell if there was any other choice. Nothing to do with your problem, they are just unreliable at best.

[renegadeimp]

Actually SOGA is still good for a total of 6 years. Since he only has the laptop for 2, he still has a claim under it. If it is genuinly not working due to a manufacturing fault etc and not user damage, then the claim is still viable.

[johnym]

If that’s the case I’ll be buying my next laptop from Dell. I quite like the idea of a new machine every three years free of charge.

 

I always thought if you had an item exchanged under warrantee new for old the new replacement would only carry the remaining warrantee of the original.

[renegadeimp]

See, theres your problem. Its not a new machine every 3 years unless it is a manufacturing fault. A fault that they must at least attempt a full repair on. If it is damaged by the user, then there is no obligation for the company to do anything.

[jwalsh82]

Thank you for your messages.

 

The breakdown is 100% a manufacturing fault.

 

I completely understand Dell's point of view that this all started in 2008, and that I have had a replacement already, the issue arising is that they have replaced it with another faulty machine.

 

Has anyone taken Dell to small claims court and lost, I am worried about the potential fees should they end up winning the case, and that it might be better to just leave it and let it die.

[steampowered]

Any claim under SOGA would date back to 2008. That is when the contract was entered to and when Dell were obliged to provide a laptop of satisfactory quality. If you took this to court I think it would be very difficult to show that a reasonable consumer would expect that a laptop must last more than 5 years. You say this is "100% a manufacturing fault" but I don't see how you can be sure of this, in my experience all computer components fail after a few years, especially if you do not regularly clean them. It sounds like your graphics card and processor are overheating which could be due to dust building up inside the machine.

 

If you did win, your damages would be pretty small. You would get damages to put you in the position you should be in, i.e. enough money to buy a 5-year old laptop. You bought it for £600 in 2008 so a new laptop with the same components is probably worth less than £200 today. There would be a further reduction to take account of the use you got out it over 5 years. When all is said and done you might be looking at perhaps 50quid? Personally I would let this one go.

[renegadeimp]

A well maintained computer can easily last in excess of 10 years. If you don't maintain it, then as stated above, you'll be lucky for it to last 5.

 

If you think its a manufacturing fault, then you would need evidence to support this from a qualified independent assessor, and even they would say that it is very difficult to diagnose, 5 years after first use. Especially if it has been used constantly. If it was used constantly then Dell can easily challenge you on normal wear and tear.

[porkyp1g]

I've always wondered why the warranty would only continue from the date the original machine was purchased. I bought an Xbox 360 from Game a few years back, which failed in less than a year (3 red lights), they replaced it for a new one but stated that the new machine would only be guaranteed for the remainder of the original machine's warranty. Surely if the new machine is a replacement and is a brand new unit, it should be expected to last as reasonably long as the original unit would be. Hence it should carry the same warranty the original one did, some 8 months prior.

 

Providing it was a new unit they gave you, that should carry the same rights in terms of the SOGA. Get it assessed by a third party and go from there depending on what they say. I think you'll be fine as long the fault hasn't come from misuse/neglect/accidental damage etc.

[Followme]

I've never had a problem with Dell, any issues and they come to my house the next working day to fix it. My laptop is now approaching it's 5th year, and had a new screen last year.

 

One thing about overheating. This is mainly due to people not treating the laptop correctly and not a design flaw. My laptops last because I always have a cooled underneath them, this extends the life of the laptop, and mine has been on 12hrs a day for all those years. By keeping the airflow going you are extending the life of the parts. Plus once a month give it a good vacuum, as clogged up vents also cause overheating. You should vacuum inside PC's once a month as well, especially the chip fan, I have done this with clients computers and speeds have doubled.

[porkyp1g]

I've never had a problem with Dell, any issues and they come to my house the next working day to fix it. My laptop is now approaching it's 5th year, and had a new screen last year.

 

One thing about overheating. This is mainly due to people not treating the laptop correctly and not a design flaw. My laptops last because I always have a cooled underneath them, this extends the life of the laptop, and mine has been on 12hrs a day for all those years. By keeping the airflow going you are extending the life of the parts. Plus once a month give it a good vacuum, as clogged up vents also cause overheating. You should vacuum inside PC's once a month as well, especially the chip fan, I have done this with clients computers and speeds have doubled.

 

You should never use a vaccum. Always use compressed air to clear the fans as vacuums can cause damage to internal components if placed in the wrong area. Remember to blow, not suck lol

 

Speeds of what have doubled? You can't improve the performance of a PC by keeping the fan free from clogging. You can stop it from overheating and shutting down, but that's it. When you say clients, what do you do?

[steampowered]

The idea is that a replacement product shouldn't put you in a better position. You shouldn't profit from your goods failing. If you paid for a laptop in 2005 you should get a 2005 laptop, not a 2008 laptop.

 

I guess the rationale is what jwalsh82 said: "I quite like the idea of a new machine every three years free of charge.", which obviously can't be allowed. If the warranty period reset each time, and you buy a poor quality product, the warranty period could run to 100 years from now.

[porkyp1g]

The idea is that a replacement product shouldn't put you in a better position. You shouldn't profit from your goods failing. If you paid for a laptop in 2005 you should get a 2005 laptop, not a 2008 laptop.

 

I guess the rationale is what jwalsh82 said: "I quite like the idea of a new machine every three years free of charge.", which obviously can't be allowed. If the warranty period reset each time, and you buy a poor quality product, the warranty period could run to 100 years from now.

 

Only if the goods didn't last as long as reasonably expected. If you bought a poor quality product, it wouldn't be expected to last as long as a good quality one. Dells aren't cheap by and large so I wouldn't class a dell laptop as a low quality product.

[porkyp1g]

I bought a tassimo machine from comet a few years back, it failed once just before the 12 months was up. It was replaced but the replacement failed again 10 months later, but comet gave me a new warranty with the replacement machine so that was swapped too. The latest machine has been going strong for 2 and half years now. Some companies do give new warranties when faulty items are replaced, as they should.

[johnym]

The idea is that a replacement product shouldn't put you in a better position. You shouldn't profit from your goods failing. If you paid for a laptop in 2005 you should get a 2005 laptop, not a 2008 laptop.

 

I guess the rationale is what jwalsh82 said: "I quite like the idea of a new machine every three years free of charge.", which obviously can't be allowed. If the warranty period reset each time, and you buy a poor quality product, the warranty period could run to 100 years from now.

 

I was once told this by trading standards during a battle with Comet over a faulty in warranty TV. They said that if Comet couldn’t repair it they could only replace it with a used TV of similar age and not new.

 

Again late last year, Ebuyer only partially refunded me for a faulty in warranty iPad, deducting 8 months use from the refund. This was despite me having written proof from Apple that it was a manufacturing defect.

 

As others have said you’ll be lucky to walk away with anything after all this time. Move on, you could replace it for a far better spec’d machine now for £250.

[porkyp1g]

I was once told this by trading standards during a battle with Comet over a faulty in warranty TV. They said that if Comet couldn’t repair it they could only replace it with a used TV of similar age and not new.

 

Again late last year, Ebuyer only partially refunded me for a faulty in warranty iPad, deducting 8 months use from the refund. This was despite me having written proof from Apple that it was a manufacturing defect.

 

As others have said you’ll be lucky to walk away with anything after all this time. Move on, you could replace it for a far better spec’d machine now for £250.

 

That is odd, comet gave me new warranty on a replaced item, not once but twice, as I posted above.

[pmhcfc]

Are there Email addresses out there where one can Email someone important at Dell directly ?