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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Faulty Dell Laptop - Requesting I wait for Parts **Resolved**

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I don't think that there is any issue with Dell generally. I agree that exactly the same to the problems could happen with an Lenovo or an Asus or anything else.

If you want a Dell then you should have a Dell and you should have it in perfect condition. I'm sure there are thousands – may be hundreds of thousands of people who have had a completely satisfactory experience.

It seems to me that this is all going on too long and you need to be considering a more direct action

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It'll be Dell technical not understanding consumer law most likely.


BF:  Agreed - Tech got back to me stating I could get a 12% discount on any future purchase before December (no idea why!).  Got a quote out of interest from Dell Sales live chat this morning and that same laptop comes to £3750.

I then asked the person who originally quoted me for the current one and they sent it back as £2995 so that with the 12% is £100 more than I paid for this.


I am tempted on just purchasing it and seeing what quality it has - if good, I can start pushing for them to just let me keep this and give me the £100  No skin of my shoulder and Amex are fully aware of the situation so they're fine with the constant sale/refunds showing up.


Let me see what comes out of this otherwise yes I think its direct action.  I just know the closer we get to the due date, the less time I will have for this issue 


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And to confirm the point even further - we have just had a long call and email trail about Dell explaining they have 3 segments:
Consumer, Enterprise and Business.  The latter 2 are not according to Dell covered by the UK consumer laws even if you are purchasing an enterprise or business machine for personal use.


Unless anyone here tells me otherwise, as far as I know, it does not matter on what the company class the system as but who it is sold to and how it is used is what matters?


We did finally get to a mutual point and that is I am able to order the new one via the Sales route.  Technical will still keep the current one going as far as a replacement is concerned.

If new one arrives first and is good, I keep and old one gets picked up along with a refund to make the new one same price as old (and I guess warranty is that much more too)
If new one arrives first and is faulty, we should have news on the current replacement.
If replacement arrives first and is good, the new one will be cancelled and refunded.
If replacement arrives first and is bad, then wait for new one and assess.

If ultimately both are bad, I have the option of just refunding and going elsewhere (no where right now!) or keeping it and I can probably fix it myself someway or another.


I'll update again in 2-3 weeks !

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You are quite right – that the important thing is that the contract is with the consumer. It has nothing to do with Dell's view of what they are doing

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I think Bankfodder is right but, to make things easier for yourself... have you made it clear to Dell from the outset that you are dealing with them as a consumer, and are you sure that they are aware of that?


I ask because it's like buying stuff from "Trade only" outlets.  You get a better deal if you are a trade purchaser rather than a bog-standard consumer.  You seem to have got what you consider to be a very good price deal from Dell, and I'm wondering whether that's because they are under the mistaken impression that you qualify for a package that is only available to business purchasers.


If you start trying to assert any consumer rights, you might find that they say they were mistaken in making the offer to you in the first place and withdraw it.  You then find yourself arguing over that too.

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I have mentioned it several times in emails and on the calls today too - they know.

I even had "instructions" on how to make it a consumer purchase which was to simply enter my name in the company field.  


I would hope the discounts given was because of my history with Dell having purchased so many but remember I did initially purchased 3 consumer level XPS 15 9500 laptops and the only reason I went for the Precision 5550 was because they told me NOT to get the 9500 anymore and instead, get a 5550 which is built from scratch as opposed to off the shelf 9500s.  So I would say they did and do know as it all started from a consumer purchase gone wrong.


I do have it also in email now they will refund me if there are issues with the new unit regardless of segment so its just a waiting game now on who gets me a working system first.


I will look at maybe ordering a HP and Lenovo too so I can compare should it go down that route but I need to see how much the old Amex card can handle and it needs to be timed so that it is around the time I get both the Dell machines

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  • 4 weeks later...

No real update as such

I ordered another 5550 via the sales route (24/9) after finally getting a quote to agree (£400 more than the original but with technical arranging a cashback of the difference).

Got it earlier than the estimated date and instantly knew it would be another off the shelf product = same trackpad issue.  New builds take a couple of more weeks to get to me for obvious reasons.

Sure enough, it had it too along with a couple of other issues so it was boxed up within minutes of opening.


They picked this up last week and have refunded it.  In the meantime, the new build via technical with the FIXED part has moved yet again to now the end of November (4th time the date has moved?)


I decided to give them another option of an on-site repair with another new purchase to speed things up but leaving the new replacement option open too should there be other faults on the new purchase.  They agreed, but the quotes were beyond ridiculous and beyond the cashback/refund allowance they were giving me (15%)


From the last purchase a few weeks ago, the quote went up 17.43% with the wrong cpu,  19.82% with the right cpu but wrong screen and finally a whopping 44.16% to the original cost with all the spec being correct citing "promotional offers in June July meant it was cheaper" despite the previous one being only 12% more in September.


So we are now back to just one single route which is the technical route replacement when they have the part in stock - this is at the end of November supposedly.  I still have the option of a full refund of the original cost back in July from now until sign-off on the new machine or if the new machine fails to materialise.


The way I see it with this option is I am essentially using the machine for free until they pull their finger out or until I find a better alternative which I am exploring on a daily basis because a the end of it, I either get a brand new working replacement that is fit for purpose or I get a refund after using it for several months.



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  • 2 weeks later...

Slight update - Just got word from Dell Support they have received confirmation today from their product team that the manufacturing facility has the new parts in place to build the new system.

ETA on delivery is around the 10th of December which will be just short of 5 months since ordering the first Precision unit (the one I have currently).


I have accepted the spec which is the same as the current one after they got the first one wrong with a lesser spec processor with the caveat if the new one does not resolve the issues, we have the option for a refund open and we'll walk our separate ways.


I very nearly ordered their newly released XPS 9310 but this too has enough negative reviews that are not cosmetic - Its a shame this is what Dell has become with their QA.

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Final update or maybe 1 more after this:


I had raised with Dell support an odd issue whereby everytime I lifted the laptop from the front, the trackpad kept clicking.  What this meant is sometimes I would send an email, and if there was an email behind it, it would just send that one too if I lifted the laptop.  Or browser windows would just close if the cursor happened to be on the X button etc.  


I got confirmation today that the new unit would also have the same "feature" and so as a result, I have opted to no longer wait for the replacement and go for a collect + refund.


I was happy to wait for the trackpad to be fixed but if I cannot put the LAPtop on my lap and use it, I see no point - essentially all feet need to be on a flat surface for the trackpad to "click" and not cause ghost clicking.  

Will update to resolve this thread once refund is through

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I'm amazed that they call that a "feature".

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  • 4 weeks later...

Please mark as resolved and thank you for everyones help especially you BF as always.


We have opted for a refund on the unit and this has been issued/cleared.  The main reason is while the XPS 15/Precision 5550 do now have a revised part to fix the trackpad issues, it introduces another issue by which you cannot hold the laptop and use it - use case - lets say you picked up the laptop to show someone something - or in my case, I sometimes may plug it into the car for diagnostics and hold the laptop rather than place it on a surface - at this point, the trackpad button becomes "solid" and will automatically click in random places.


Hopefully the next version of this laptop will be better and I'll purchase around then as there still is nothing out there as good as the Dell...on paper.

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  • BankFodder changed the title to Faulty Dell Laptop - Requesting I wait for Parts **Resolved**

Well done. Thanks for the update.

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