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Dell refuse refund after failed repair? **WON FULL REFUND**


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Hi everyone,

 

I need some help fast!,

 

To sum my story up this is a letter I wrote to Dell yesterday (one month after receiving a brand new laptop and 3 weeks after I reported the breakdown.

 

"Official letter of complaint for faulty goods and refund refusal

 

 

I bought a laptop from you on 27th August 2015 and it was received by me on 4th September. I paid £429. On Thursday 24th September the Internet was shutting off at will, I contacted my provider Plusnet on my old computer, obviously the connection was fine as I was chatting to them online.

 

Upon chatting with your technical advisor XXX for 2 hours on Friday 25th September, it was conceded that the Internet hardware had a fault and needed to be repaired.

 

XXXXX said she would book a pick up on Monday and the collection would take place Tuesday 26th September. I was to expect a call between 5-6pm Monday evening to confirm pick up on Tuesday of the laptop. I received no call, so I contacted XXX XX again. She told me the booking did not go through and to expect a call Tuesday for pick up Wednesday. I informed XXXXX that I would give Dell another chance but it had to be Wednesday as I wasn't available from Thursday to Sunday. I also told her I am on holiday in a couple of weeks so I want the laptop fixed by that time.

 

Wednesday came and the booking did not go through again and apparently UPS would not review it until 4.30pm. They called me in the evening and said it would be collected Thursday. By this time, I was understandably angry so I asked for it to be picked up after the call the same day (Wednesday). They refused, so I contacted XXXXXX and asked for a refund. I was told she was waiting for a "review" of my refund! So it came to be that I gave Dell another chance, still very angry, that they could pick up the computer Monday, Tuesday or Wednesday next week but I want the refund by Friday as this is my right.

 

 

Friday 2nd October I was offered a new computer in 7-10 working days! No, I wanted a refund. I was then told the "earliest" Dell could collect was Wednesday 7th October. I said this was the latest date as I wouldn't be at home and you would refund within 3-5 working days.

 

Monday 5th October (a week after the original collection booking) it apparently was passed over to a "manager". Later that day XXXX (XXXX manager) offered for an engineer to come and visit and "fix" the laptop.

 

Tuesday 6th October XXX wrote again and said refund isn't an option she can provide! She was sending up to "higher management"!

 

Under the Sale of Goods Act 1979 (as amended) goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I requested that you pick up and repair the goods at no cost to me. I gave you two chances to do so, you have refused my refund and offered me a new computer and engineer, although I clearly stated I wanted a refund.

 

 

I have all the e-mails sent by XXXX and XXXX and all I have sent including the original chat log confirming that there was a hardware problem with the laptop.

 

The laptop failed within two weeks of receipt, the repair options were handled really inefficiently and my refund request was replaced with "other" offers. There should not be a problem, by law you owe me a refund and passing it around the Dell office is not making the problem go away.

 

A copy of this letter will be included in a report to Trading Standards with all the relevant data.

 

Please respond within 5 working days of this letter."

 

 

After receiving this, a very arrogant man called me and basically talked down to me (he was very sure of himself). He told me an engineer would be coming tomorrow to attempt to repair the laptop. I told him I had given them many chances to repair it and now I want a refund. He refused point blank and sais that was not going to happen and they should be able to attempt one repair. I said I would take this to Trading Standards and if I have to, to court, he very arrogantly said "go ahead with that sir". He was actually egging me on to do it!

 

Am I in the right thinking I do not have to accept a repair if I don't want to, and ask for a refund?

 

If so, does anyone know what to suggest I do next? This has been going on too long now and I anxious for a solution. Please help!

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I have moved your thread to the correct forum, this is purely an administrative move, you need do nothing.

 

I am sure someone will be with you as soon as they can.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok but where is it?

 

You have just posted on it ????

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Internet hardware failed? What internet hardware? Was it a problem with your Wifi / ethernet connection? How did you speak to the online team if the "internet hardware" failed? or was it on a different computer? Did the internet continue to work on other devices at the same time this one "failed"?

 

Did you install any anti-virus software?

 

I work in IT and people have issues like this all of the time. Rarely ever to do with the computer they are using, usually something else is the issue.

 

by law you owe me a refund and passing it around the Dell office is not making the problem go away.

 

Where did you read this "law"? They don't have to send a refund if it's faulty. They are within their rights to offer to fix / exchange it.

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The internet connection was fine, as I used it on the old computer fine to contact Dell Tech Support. The lady was online chat for 2 hours doing all sorts of technical things with my laptop. It was not recognising any pages such as Google, Facebook or even Dell.com . She herself conceded it was something to do with the hardware, hence the supposed repair dates. The anti-virus was the same it came with. The only difference to my old computer was that it had the Windows 10 operating system. However, this is all irrelevant, it was a hardware problem. I did explain in the letter that it was not anything else :s

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The law is on the Trading Standards website, it was bought before the new law on October 1st. Within 30 days I can accept or reject a repair or ask for a refund or repacement. They lost the rights to any "offers" they had when they failed to deal with it and I wanted a refund. They offered to repair which I accepted, the pick up failed..did you read the letter or are you just assuming it is my fault and don't know what I'm talking about???. It is all explained. I need a solutiona and advice on the problem not questioning my knowledge as the Dell people have, passing the buck...can you give me advice or are you just going to ask me things that are already in the problemm stated?

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Within 30 days I can ask for or reject repair, replacement or refund. After 2 failures of pick up I have the right to ask for a refund and they are bound to concur. Its in the Goods section on the Trading Standards website for Business Info

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I can't see it being a hardware issue. Sounds like they just said that because they couldn't work it out. Sounds like a DNS issue. Hardware doesn't manage this kind of thing. I'm happy to have a look for you via TeamViewer to confirm, having been an IT analyst for 10 years.

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Thanks, but this is all irrelevant. The laptop is faulty after 2 weeks. They failed to pickup for repair twice. Refused a refund, waited 3 weeks to "solve" the escalation crap. The problem I have is I want the money back...I want advice what to do next. The computer can have dns, hardware, software or whatever else wrong with it, I don't care. The computer is now not mine to care about.

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Internet hardware failed? What internet hardware? Was it a problem with your Wifi / ethernet connection? How did you speak to the online team if the "internet hardware" failed? or was it on a different computer? Did the internet continue to work on other devices at the same time this one "failed"?

 

Did you install any anti-virus software?

 

I work in IT and people have issues like this all of the time. Rarely ever to do with the computer they are using, usually something else is the issue.

 

 

 

Where did you read this "law"? They don't have to send a refund if it's faulty. They are within their rights to offer to fix / exchange it.

 

If they fail to repair or replace within a "reasonable" time s.48c sale of goods act says you can rescind the contract and get a refund. There's no "law" about it, it IS the law.

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http://www.legislation.gov.uk/ukpga/1979/54/section/48B

 

And

 

http://www.legislation.gov.uk/ukpga/1979/54/section/48C

 

Also, as it broke within 6 months you have the EU warranty: http://europa.eu/youreurope/citizens/shopping/shopping-abroad/guarantees/index_en.htm

 

Happy to link to the actual directive (1999/44/EC) but it's lonnnng!

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Hi JoeyJoeC

 

CAG cannot recommend anyone giving a complete stranger they have only met via the internet access to there computer via Teamviewer remember this is your personal data they would have access to and also security concerns of giving them access.

 

I can't see it being a hardware issue. Sounds like they just said that because they couldn't work it out. Sounds like a DNS issue. Hardware doesn't manage this kind of thing. I'm happy to have a look for you via TeamViewer to confirm, having been an IT analyst for 10 years.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks Hacked_Off...I sent these links to Dell resolution centre. Got an email back by another Indian sounding name saying he "could not honor" my request of a refund. Then he stated a 14 day return/repair limit!. They are coming up with allsorts of excuses but nobody is acting on it at all.

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Hi,

 

Well I sent my complaint through to Better Business Bureau AND wrote to Michael Dell..

 

 

. yesterday received a very nice call from an American sounding gentleman apologising for the problems and accepted my refund request.

 

 

Apparently he had been forwarded the e-mail from Michael Dell :).

 

 

So...all being well, they will collect the laptop Monday and set up the full refund!

 

 

I won't count my chickens yet but its a start.

 

 

Hacked_Off thanks for your help!

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